Confidentiality of Genetic Testing
Since 2005, residents of the State of Connecticut have had state statutes protecting from health insurance discrimination based on genetic testing results:
"AN ACT PROHIBITING THE USE OF GENETIC INFORMATION IN EMPLOYMENT DECISIONS."
Sec. 501. Section 38a-816 of the general statutes (Effective October 1, 2005):
With respect to an insurance company, hospital service corporation, health care center or fraternal benefit society providing individual or group health insurance coverage is prohibited from refusing to insure, refusing to continue to insure or limiting the amount, extent or kind of coverage available to an individual or charging an individual a different rate for the same coverage because of genetic information. Genetic information indicating a predisposition to a disease or condition shall not be deemed a preexisting condition in the absence of a diagnosis of such disease or condition that is based on other medical information.
Genetic Information Non-Discrimination ACT (GINA)
On May 1st 2008, the Genetic Information Non-discrimination Act (GINA) which is designed to protect individuals from health insurance and employment discrimination as a result of genetic information passed the House and Senate. On May 21, 2008 GINA was signed into law. The following is an outline of how the new law will provide protection from each type of discrimination:
Health Insurance Discrimination Effective May, 2009:
- prohibit enrollment restriction and premium adjustment on the basis of genetic information;
- prevent health plans and insurers from requesting or requiring that an individual take a genetic test;
- prevent health plans and insurers from pursuing or being provided information on predictive genetic information or genetic services prior to enrollment - the time when this information is most likely to be used in making enrollment decisions;
- cover all health insurance programs, including those regulated by the federal government under ERISA, state-regulated plans, Medigap, and the individual market.
Employment Discrimination Effective November, 2009:
- prohibit discrimination in hiring, compensation, and other personnel processes;
- prohibit the collection of genetic information, and allow genetic testing only to monitor 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;
- cover employers, employment agencies, labor organizations, and training programs.
(This summary was prepared by the staff of the Senate Committee on Health, Education, Labor and Pensions.)
For more information or to make an appointment please call
1-877-233-WELL (9355).