PAST ARTICLES AND EDITORIAL BOARDS

Genetic Discrimination, Insurability and Legislation: a Closing of the Leal Loopholes.
Richard A. Bornstein
4 J.L. & Pol'y 551 (1996)
Genetic testing is one of the newest methods for predicating a person's health. While genetic tests can be extremely helpful in preventing disease, they can also lead to discrimination based on genetic information. People at risk for genetic discrimination include individuals who carry a gene that increases the probability that they will develop a disease but who are currently asymptomatic; individuals who are carriers for certain genetic conditions but who will remain asymptomatic; individuals who have genetic polymorphisms that are not known to cause disease; and the relatives of individuals with known or presumed genetic characteristics.

Currently, twelve states have enacted general legislation restricting genetic testing or the use of genetic information in the context of insurance practice, and the five of these states have pending legislation to update their genetic testing laws. There is the trend in the newest enacted laws and in the pending changes to older laws that is moving in a more comprehensive and consumer protective direction in the area of health insurance. Furthermore, the enactment of legislation which regulates genetic testing is necessary and overdue. With the discovery of new genes, the causes of genetic disorders are now ascertainable. Therefore, the majority of states must recognize that legislation is needed to protect individuals from denial or loss of insurance due to this information.