Rhode Island Department of Health Genetics Website

Health Insurance & Legislation

Pending Federal Legislation from the 107^th Congress
(As of August 2002)

Although no federal legislation specifically addressing the confidentiality of genetic information has been passed yet, there are a number of Bills in Congress that would serve to prevent genetic discrimination.

S.318
The Genetic Nondiscrimination in Health Insurance and Employment Act
Introduced Feb. 13, 2001 by Senator Daschle.
Hearings held 2-13-02, Senate Committee on Health Education, Labor, and Pensions.
Health Insurance: This act would prohibit genetic discrimination in individual enrollment, group eligibility, group premiums, and group contribution rates for health insurance. It would also prohibit health insurers from requesting or requiring a genetic test, and written authorization would be required for disclosure of genetic information.
Employment: This act would make it an unlawful employment practice for any employer, employment agency, labor organization, or training program to discriminate on the basis of protected genetic information. It would also be unlawful for any of these institutions to request, require, or purchase such information, except where used for genetic monitoring of biological effects of workplace toxic substances; or with consent of the employee, provided that the results are received only by the employee.

H.R.602
The Genetic Nondiscrimination in Health Insurance and Employment Act
Introduced Feb. 13, 2001 by Representative Slaughter.
Referred to House Subcommittee on Employer-Employee Relations, 3-29-01.
Health Insurance: This act would prohibit health plans and insurers from discriminating in enrollment, eligibility, contribution rates, and premium rates based on protected genetic information.
Employment: Makes it an unlawful employment practice for an employer, employment agency, labor organization, or training program to discriminate based on protected genetic information.

S.1995
The Genetic Information Nondiscrimination Act of 2002
Introduced March 6, 2002 by Senator Snowe.
Read twice and Referred to Senate Committee on Health , Education, Labor, and Pensions, 3-6-02.
Health Insurance: Prohibits group health plans or health insurers offering group coverage from using genetic information to impose enrollment restrictions or adjust group premiums. It also prohibits requests for genetic testing or results except as necessary for treatment, payment, or health care operations. It would amend the Public Health Service Act to prohibit discrimination in coverage offered in the individual market.
Employment: This act makes it an unlawful employment practice for an employer, employment agency, labor organization, or training program to discriminate against an individual or deprive an individual of employment opportunities because of genetic information. The collection of genetic information is prohibited, except where necessary to monitor the effects of toxic substances in the workplace when authorized by the employee, or as required by law. It also requires genetic information to be treated as part of an individual’s confidential medical record, limiting disclosure to the individual, the family, and health researchers. Enforcement powers are granted to the Equal Opportunity Commission.

For more information on federal legislation visit: http://Thomas.loc.gov/