News

The US Senate has approved, by a vote of 98-0, ‘A bill to prohibit discrimination on the basis of genetic information with respect to health insurance and employment.’ The bill, S. 603, would amend current employment and medical legislation to prevent genetic information from being used to discriminate against individuals. Amongst other provisions, health insurance premiums could not be raised because an individual has sought genetic services, such as testing or counselling. The cost of group health insurance plans could not be raised based on the genetic information of an individual member of the plan and individuals could not be required to undergo a genetic test. Health insurers would not be able to set rules for eligibility that are based on genetic information. Employers, employment agencies, labour organisations or training programmes would not be able to discriminate against an individual or deprive them from an employment opportunity based on genetic information. It would also be unlawful for an employer to “…request, require, or purchase genetic information with respect to an employee or a family member of an employee…” Exceptions would include the collection of family history information, if the employee provides written authorisation or if the organisation conducts genetic monitoring of the biological effects of toxic substances in the workplace. In addition, any genetic information that is in the hands of the employees would have to be kept confidential, except in cases such as responding to court orders. The bill lays out penalties for offenders.

The approval of this bill, however, does not signal the end of the legislative process on this issue. It must be sent to the House of Representatives for agreement or amendment. The bill might have difficulty in the House where, according to the Washington Post, “…business groups that oppose it hold more sway.” The Senate passed a bill almost identical to this one in 2003, however, the House never reached a decision on it. Supporters hope that this bill will have a smoother passage; both President Bush and Francis Collins, Director of the National Human Genome Research Institute, have signalled their support for the bill.