Congress OKs ban on genetic bias

Published: Friday, May 2 2008 12:09 a.m. MDT

WASHINGTON — Congress sent President Bush a bill Thursday forbidding employers and insurance companies from using genetic tests showing people are at risk of developing cancer, heart disease or other ailments to reject their job applications, promotions or health care coverage, or in setting premiums.

Bush was expected soon to sign the Genetic Information Nondiscrimination Act, which lawmakers and advocates called "the first major civil-rights act of the 21st century." Federal law already bans discrimination by race and gender.

"Your skin color, your gender, all of those are part of your DNA," said Francis Collins, head of the National Human Genome Research Institute. "Shouldn't the rest of your DNA also fall under that protective umbrella?"

Researchers supported the bill because Americans have been refusing to take genetic tests or have been using false names and paying cash because they didn't want the information used against them by their employer or insurance company, Collins said.

Each person probably has six or more genetic mutations that place them at risk for some disease, according to the National Human Genome Research Institute. That means that a disease will develop, researchers said, just that the person is more likely to get it than someone without the genetic mutation.

The bill would prohibit health-insurance companies from using genetic information to set premiums or determine enrollment eligibility. Similarly, employers could not use genetic information in hiring, firing or promotion decisions.

The House voted 414-1 for the legislation Thursday, a week after it passed the Senate on a 95-0 vote. The only member of Congress to vote against the bill was Rep. Ron Paul, R-Texas.

"Because of the federal government's poor record in protecting privacy, I do not believe the best way to address concerns about the misuse of genetic information is through intrusive federal legislation," Paul said.

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