Genetic Non-Discrimination in Insurance and Employment: Side-by-Side Analysis of Leading Bills in the 107th Congress

Publication Date: January 2003

Publisher: Library of Congress. Congressional Research Service

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Research Area: Social conditions

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Abstract:

This report compares current law with provisions of leading House and Senate bills of the 107th Congress that would have limited the use of genetic information with respect to health insurance and employment. Those bills are S. 1995, the Genetic Information Nondiscrimination Act of 2002, sponsored by Senators Snowe, Frist and Jeffords on March 6, 2002 and H.R. 602, the Genetic Nondiscrimination in Health Insurance and Employment Act, introduced by Representative Slaughter February 13, 2001. The companion bill of H.R. 602, S. 318, was introduced by Senator Daschle the same day. The bills would have expanded upon the protections established by the Health Insurance Portability and Affordability Act (HIPAA) and established new protections for workers. Both bills sought to balance the privacy of patients’ predictive genetic information (PGI) with interests of employers and of health insurance companies that use information regarding the health care needs of covered groups so that policies are priced to reflect the costs of the coverage provided. Congressional action in genetic non-discrimination has been identified as a priority for the 108th Congress. The provisions of the leading bills from the 107the Congress are likely to represent a starting point for renewed activity in this area.