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A lawyer's view of genetic testing and insurance

12 October 1998   |   By Dr Alison Stewart   |   Research article

Writing in the Lancet, B. Thomson of the Department of Law at the University of Sheffield argues that the difficulty of distinguishing between 'genetic' and 'non-genetic' tests could make it impossible to enforce any legislation designed to prevent discrimination in access to health insurance [Thomson, B. (1998) Lancet 352, 1216-1218)]. He argues that a much broader approach is needed to the question of ensuring social rights in this area, particularly in view of the fact that the private sector is likely to become increasingly involved in insurance for health care and long-term care in the UK. He advocates "a combination of regulation by the insurance industry, Government subsidy, and industry-wide pooling of risk".

Comment: It does indeed seem helpful to move away from too narrow a focus on the problem of what constitutes a genetic test, and instead to consider the broader issue of equitable access to health care in the context of changing demographics and social structures. The lawyer's-eye view of how to go about this is useful and timely.  

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