In this day and age of advanced technologies science has solved mysteries of all kinds, including those dealing with the human genome, it should come as no surprise that someone had the bright idea of using human genetic information as a condition for obtaining insurance. This idea, of course, would raise more than a few eyebrows. Imagine the ramifications.
Just recently this idea was squashed by a bill passed in the U.S. House of Representatives; the bill, reminiscent of a Robin Cook novel, prohibits a group health plan from making adjustments to premiums or contribution amounts for groups of people based on their genetic information. Although it sounds like something from the pages of George Orwell, this is reality of a sort not too many people have contemplated. Freedom, liberty and justice are all things thought about on a daily basis - but insurance based on your genetic code?
The Genetic Information Nondiscrimination Act of 2007 specifically tells a group health plan they cannot request or require a person or family member to undergo a genetic test. However, the bill does not limit the authority of a health care professional (doctor etc.) to ask a person to have a genetic test. The key to understanding the distinctions made in this act involves grasping that the ban on asking for genetic information doesn't preclude a group health plan from acquiring the results of a genetic test, or using that information to make a decision on payments. This doesn't mean the health plan has access to all of the medical information gathered. It means they can only ask for the minimum information required to make a decision on payment.
Further provisions of this rather controversial act include the fact that a group health plan can ask, but not require, a person or beneficiary to have a genetic test for research purposes , as long as certain requirements are met. Those requirements are that the health plan makes it perfectly clear that any compliance with their request is strictly voluntary, and that those who don't choose to comply won't be penalized in any way relating to their enrollment status or contribution amounts.
The second requirement is that the health plan is not allowed to use any genetic information collected for underwriting purposes; that kind of request must be made to the Secretary of Health and Human Services with complete details included.
In summary, although this act is certainly controversial, it does seem there are safe guards in place to prevent any abuse of the system.
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