February 25, 2005 -- Senate Passes Genetic Nondiscrimination Act

The United States Senate unanimously passed legislation February 17 that would restrict discrimination by health insurers and employers based on an individual's genetic information. Noting that specific genes are now linked to diseases such as breast cancer, Huntington's Disease, glaucoma, colon cancer, and cystic fibrosis, and that "progress in the field of genetics is accelerating at a breathtaking pace," the bill's sponsor, Senator Olympia Snowe (R-ME) pointed out that advances in the field of genetics will be of no use if people fear that genetic information will be used against them when they apply for health insurance or employment. The Genetic Information Nondiscrimination Act of 2005 amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act, and the Internal Revenue Code to specify that an issuer of group health insurance may not require information about the genetics of an applicant or a family member of an applicant as an enrollment eligibility factor, and may not adjust premiums on the basis of genetic information or require individuals to undergo genetic testing. Employers, employment agencies, and labor organizations are forbidden to discrimate against individuals on the basis of genetic information "in any way that would deprive such individuals of employment opportunities or otherwise adversely affect their status as employees." The bill, S. 306, is expected to be considered by the House of Representatives after Congress returns from a February recess. The bill can be tracked on the Library of Congress website at http://thomas.loc.gov.