| Sometimes, doctors may recommend to a | | | | into law by President Bush in May 21, 2008. |
| patient to test for a specific gene for a particular | | | | GINA protects people from discrimination by |
| disease that seems to be prevalent in that | | | | health insurers and employers on the basis of |
| patient’s family. For example, in hereditary | | | | DNA information. This law prohibits the use of |
| breast cancer, two genes are commonly tested | | | | an individual’s genetic information on setting |
| for breast cancer risk assessment. They are | | | | eligibility, premium or contribution amounts by |
| two tumor suppressor genes named | | | | group and individual health insurers, and forbids the |
| “BRCA1” and “BRCA2” that are | | | | health insurer from requesting or requiring an |
| involved with DNA repair. Women with an | | | | individual or family member to undergo a genetic |
| altered BRCA1 and/or BRCA2 gene are up to | | | | test or requesting genetic information. Similarly, |
| eight times more likely to develop breast cancer | | | | employers may not use genetic information to |
| than those without mutations in those genes. | | | | make decisions in hiring, firing, job assignments |
| Fortunately, there are treatments that would | | | | and promotions. However, it should be noted |
| significantly decrease this risk. | | | | that GINA does not cover life insurance, disability |
| | | | | insurance and long-term care insurance. |
| However, despite the potential medical benefits, | | | | 3) State governments also have specific legal |
| many patients are worried that genetic testing | | | | protection against genetic discrimination. The |
| can result in discrimination. Genetic discrimination | | | | degree of protection from these laws varies |
| is when one is treated unfairly because of | | | | widely among the different states. Federal laws |
| differences in his/her DNA that increases the | | | | set a minimum standard of protection that must |
| chance of getting a certain illness. Patients worry | | | | be met in all states. They do not weaken the |
| about their genetic information affecting their | | | | additional protections provided by any state law. |
| health insurance and/or their employment. | | | | |
| Therefore, it is important to know some basic | | | | |
| facts about the law: | | | | Every one of us has several DNA differences |
| | | | | that could increase or decrease the chance of |
| 1) Established federal laws: the Americans with | | | | getting a particular disease. It's important to |
| Disabilities Act (ADA) and the Health Insurance | | | | remember that these DNA differences don't |
| Portability and Accountability Act (HIPAA). | | | | always mean someone will inevitably develop a |
| HIPAA keeps genetic information confidential, | | | | disease, just that the risk to get that disease |
| prohibits the exclusion of an individual from group | | | | may be greater. As more genetic tests become |
| coverage due to genetic predisposition, prohibits | | | | available, and more preventive treatments |
| charging a higher premium, and establishes that a | | | | discovered, these laws are extremely important |
| predictive genetic status is not a pre-existing | | | | to protect patients’ rights and allow patients |
| condition. | | | | to have access to optimal medical care with less |
| 2) New federal law: the Genetic Information | | | | worry about genetic discrimination. |
| Nondiscrimination Act (GINA). This was signed | | | | |