Law restricting firms’ use of gene testing to take effect
The most important new antidiscrimination law in two decades, the Genetic Information Nondiscrimination Act, will take effect in the nation’s workplaces next weekend, prohibiting employers from requesting genetic testing or considering someone’s genetic background in hiring, firing, or promotions.
The act also prohibits health insurers and group plans from requiring such testing or using genetic information - like a family history of heart disease - to deny coverage or set premiums or deductibles.
“It doesn’t matter who’s asking for genetic information, if it’s the employer or the insurer, the point is you can’t ask for it,’’ said John C. Stivarius Jr., a trial lawyer based in Atlanta who advises businesses about the new law.
The biggest change resulting from the law is that it will, except in a few circumstances, prohibit employers and health insurers from asking employees to give their family medical histories. The law also bars group health plans from the common practice of rewarding workers, often with lower premiums or one-time payments, if they give their family medical histories when completing health risk questionnaires.
“Genetic information is very broad,’’ said J.D. Piro, a principal in the Health Care Law Group at Hewitt Associates. “It doesn’t simply include my own genetic information, such as do I have a risk for cancer. It also includes my family medical history - do I have any relatives who have had cancer or leukemia.’’
The act takes effect Saturday for all employers with 15 or more employees. It applies to group health insurers whose plan years begin on or after Dec. 7, and it took effect for individual health insurance plans last May.
The act does not apply to life insurers.
