Unjustified Discrimination: Is the Moratorium on the Use of Genetic Test Results by Insurers a Contradiction in Terms?
Health care analysis : HCA : journal of health philosophy and policy 2010 Sep; 18(3): 279-93
This paper considers the legal position of genetic test results in insurance law in England and Wales. The strict position is that this information is material to the decision of the insurer to offer insurance cover and should be disclosed by insurance applicants. However, the British Government and the Association of British Insurers have agreed to a moratorium on the use of genetic test results in insurance, which will run until 2014. The moratorium prohibits unfavourable treatment of insurance clients on their basis of their genetics, unless it can be justified. In this paper, I consider the notion of genetic discrimination and ask whether it is possible to justify the concept in such a way that its existence should be accepted. The paper suggests that the insurance industry and the general public have different viewpoints on the concept of discrimination, and that this causes much of the disagreement over the issue of using genetic test results in insurance.
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An act to amend the Human Rights Act of 1977 to prohibit employment discrimination based on genetic information; to prohibit an employer, employment agency, or labor organization from requesting or requiring a genetic test of, or administering a genetic test to, an employee or applicant for employment or membership; to prohibit an employer, employment agency, or labor organization from seeking to obtain, obtaining, or using genetic information of an employee or applicant for employment; to provide an exemption that allows the use of genetic testing or information with the written and informed consent of the employee or applicant for employment to determine the existence of a bona fide occupational qualification, investigate a workers' compensation or disability compensation claim, or determine an employee's susceptibility or exposure to potentially toxic substances in the workplace; to prohibit health benefit plans and health insurers from using genetic information as a condition of eligibility or in setting District of Columbia. Laws, statutes, etc. (2005-01-03)
An act relating to genetic testing privacy; amending title 39, Idaho Code, by the addition of a new chapter 83, title 39, Idaho Code, to provide a short title, to define terms, to set forth restrictions regarding genetic testing information applicable to employers, to provide for a private right of action and to provide for enforcement; and amending section 41-1313, Idaho Code, to prohibit insurers from discriminating on the basis of a genetic test or private genetic information for certain purposes Idaho. Laws, statutes, etc. (2006-03-31)