WASHINGTON, DC— Today, Senators Edward M. Kennedy, Chairman of the Health,
Education, Labor and Pensions (HELP) Committee, Mike Enzi, Ranking Member of the
HELP Committee, Olympia Snowe and released the following statements following the
passage of the Genetic Information Nondiscrimination Act (GINA).
This legislation will prohibit genetic discrimination by health insurers and employers.
The house is expected to take up identical language in the very near future.
Chairman Kennedy said, “This bill opens a new frontier in medicine in which we read the
genetic make up of patients to stop diseases before they even happen. This legislation
opens to door to modern medical progress for millions and millions of Americans. It
means that people whose genetic profiles put them at risk of cancer and other serious
conditions can get tested and seek treatment without fear of losing their privacy, their
jobs and their health insurance. It's the first civil rights bill of the new century of the life
sciences. With its passage, we take a quantum leap forward in preserving the value of
new genetic technology and protecting the basic rights of every American.”
Senator Enzi said, “This bill will help fulfill the promise of genetic research to save lives
and reduce health care costs, by establishing basic protections that encourage individuals
to take advantage of genetic screening, counseling, testing, and new therapies, without
fearing that this information will be misused or abused. It protects both employees and
employers by setting a standard of conduct that is easy to understand and easy to follow.
We are far better off setting uniform, consistent rules of the road clearly and up front,
rather than allowing them to be set piecemeal through litigation.”
“Like race and gender bias, genetic discrimination is based on the unchangeable – yet it
also requires a deliberate effort to obtain gene data in order to discriminate,” said Senator
Snowe. “The passage of GINA today represents the culmination of an effort that began
more than ten years ago to put in place landmark protections to safeguard Americans
against genetic discrimination.”
A summary of the legislation is below.
THE GENETIC INFORMATION NONDISCRIMINATION ACT
Scientists have now completed the historic task of deciphering the entire DNA sequence
of the human genetic code. This new knowledge is already allowing doctors to develop
better ways to diagnose, prevent or treat some of the most feared diseases known to
humanity. For genetic research to fulfill its promise to improve health, patients must be
able to receive its benefits free from the fear that genetic information will be used as a
basis for discrimination.
The bipartisan Genetic Information Nondiscrimination Act addresses these legitimate
fears. This legislation will establish strong protections against discrimination based on
genetic information in health insurance and employment. Support for the bill has come
from a wide range of organizations representing patients, medical professionals, families
and employees. We should give all Americans the comprehensive protections against
genetic discrimination in health insurance and employment they deserve by enacting this
important legislation.
With regard to health insurance discrimination, the Act will:
• PROHIBIT enrollment restriction and premium adjustment on the basis of
genetic information or genetic services;
• PREVENT health plans and insurers from requesting or requiring that an
individual take a genetic test; and
• COVER all health insurance programs, including those under ERISA, state
regulated plans, and the individual market.
With regard to employment discrimination, the Act will:
• PROHIBIT discrimination on the basis of genetic information in hiring,
compensation, and other personnel processes;
••
PROHIBIT the collection of genetic information, and allow genetic testing only
in very limited circumstances, such as monitoring the adverse effects of hazardous
workplace exposures;
• REQUIRE genetic information possessed by employers to be confidentially
maintained and disclosed only to the employee or under other tightly controlled
circumstances.
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