Is genetic discrimination prohibited by law?
Yes. A number of federal and state laws prohibit insurance discrimination to various degrees. The Health Insurance Portability Protection Act (HIPAA) recognizes genetic information as Protected Health Information (PHI) and specifies protection for the confidentiality of PHI. HIPAA also provides restrictions on health-related information in making coverage decisions and in setting premiums by group health insurers, although HIPAA does not provide such restrictions for non-group plans. HIPAA further states that genetic information in the absence of a diagnosis cannot be considered a pre-existing condition. In the federal government, executive departments and agencies are prohibited by executive order from using protected genetic information as a basis for employment decisions. The Equal Employment Opportunity Commission has interpreted the Americans with Disabilities act to provide some additional protections from the use of genetic information by employers. Many states have enacted addi
