Congressional Bill Prevents Health Care Discrimination based on Genetic Testing

As health care marches ahead in the 21st century, insurance companies interested in maximizing profits are looking for more and more ways to cut corners on coverage and payouts. Of course, denying coverage for pre-existing conditions was one big way that insurance companies found to lower risk and thereby raise profits; the next logical step is using technology to preemptively anticipate which patients are most likely to contract diseases that would discount them from coverage.

With the number of genetic tests available exceeding 1,100 today, individuals have more resources than ever before for gaining a clearer picture of their health and preparing for treating and living with hereditary illnesses. But if insurance companies have access to these records and could deny coverage, or if employers could use their insurance pool liability and deny employment based on these "pre-pre-existing conditions," then it may discourage individuals from taking advantage of modern medical benefits such as these tests.

Congress has been working to prevent this type of discrimination with a bill called the Genetic Information Nondiscrimination Act, H.R. 493. Recently, the Senate passed it 95-0, and it will return to the House for its final vote soon.

The bill address fears over genetic testing straight-on: it would bar health insurance companies from using genetic information to set premiums or determine enrollment eligibility, and also prevent employers from using genetic information to make decisions on hiring, termination or promotions.

Medical researchers see the potential in this measure to aid in advancing even greater gains in the field of genetic testing, since patients unafraid of the consequences of genetic testing will be more willing to participate in research studies to develop new and more-refined tests.

Anti-discrimination laws and penalties may well assist patients to keep or acquire health insurance coverage; however, it won't prevent insurance companies from denying coverage to individuals who already have diseases making them ineligible for coverage.

Bi-partisan support of the bill, as well as support from the Bush White House, arose after provisions were included to address concerns over "inappropriate" lawsuits that could arise against employers, according to a Chicago Tribune article on the measure.

Legislators modified the language of the original House bill to include a "firewall" between the sections of the bill dealing with health insurance and those dealing with employers, preventing what some saw as a loophole for making claims against insurance companies for employer discrimination.

It's certainly a positive step for consumers hoping to halt the slow creep of coverage denials as insurance companies attempt to grab every last dollar possible on their policies. However, any push for tort reform measures that limit or eliminate liability undercuts the power of consumers to fight for deserved compensation.

As with any Congressional compromise, there are winners and losers, but the good news is that despite a step backward in liability, this bill takes two steps forward in preventing discrimination.