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My Congressional Delegation
Genetic Nondiscrimination in Health Insurance and
Employment Act
On May 21, 2008, President Bush signed the
Genetic Information Nondiscrimination Act of 2008 (H.R. 493) into law
following an overwhelming show of support for the bill in Congress. With
a 95-0 vote in the Senate and a 414-1 vote in the House, GINA has been
publicized by lawmakers as the first major civil rights act of the 21st
Century.
The law will protect the privacy of millions of
Americans, making it illegal for health insurance companies to use
information from genetic tests to determine premiums or reject coverage
as well as making it illegal for employers to reject job applicants or
deny them a promotion on the basis their genetic information. The law
also prohibits insurance companies and employers from requiring genetic
tests. The protections created by the law will help encourage people
affected by or at risk for a genetic disease more proactively manage
their health and participate in genetic research without fear of
discrimination.
It is important to note, however, that GINA will
take effect in 12 months (on May 21, 2009)
with respect to its health insurance protections and in 18 months (on
November 21, 2009) for employment related protections. These are
important dates to note if you or someone you know has had concerns
about the misuse of their genetic information. Until the law takes
effect, adverse insurance and employment decisions based on a person’s
genetic information continue to be possible. We advise anyone interested
in undergoing genetic testing to exercise caution. If you have specific
questions about GINA or genetic discrimination, you can contact Sean
Luis, HDSA’s Advocacy and Family Services Manager, for more information
at
sluis@hdsa.org or (800) 345-4372 extension 226.
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