Genetic
States can pass genetic nondiscrimination laws that reinforce and expand upon federal law to ensure that people do not face genetic discrimination in health insurance or employment. While the federal Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits certain forms of discrimination based on genetic information by group health plans, health insurers, and employers based on genetic information, gaps remain.1 For example, most of the law’s employment protections do not apply to employers with fewer than 15 employees, and the law does not prohibit health insurers or health plan administrators from obtaining and using genetic test results in making health insurance payment determinations.2
Starting in 2014, health insurance plans are prohibited from discriminating against individuals on the basis of health status. The Affordable Care Act explicitly lists “genetic information” among the health-status related factors which cannot be used to establish rules for eligibility or coverage.
Does state law prohibit employment and health insurance discrimination based on genetic information?
States receive a "meets policy" if they prohibit discrimination based on genetic information in both health insurance and employment. States receive a "limited policy" if they prohibit such discrimination in either health insurance or employment. States with no genetic anti-discrimination laws receive a "no policy."
| State | Strength of Policy | Change from 2007 |
|---|---|---|
| Alabama 3 | No Policy | Same |
| Alaska | Limited Policy | Same |
| Arizona | Meets Policy | Same |
| Arkansas | Meets Policy | Same |
| California | Meets Policy | Same |
| Colorado | Limited Policy | Same |
| Connecticut | Meets Policy | Same |
| Delaware | Meets Policy | Same |
| District of Columbia | Meets Policy | Better |
| Florida 4 | Limited Policy | Same |
| Georgia | Limited Policy | Same |
| Hawaii | Meets Policy | Same |
| Idaho | Meets Policy | Same |
| Illinois | Meets Policy | Same |
| Indiana | Limited Policy | Same |
| Iowa | Meets Policy | Same |
| Kansas | Meets Policy | Same |
| Kentucky | Limited Policy | Same |
| Louisiana | Meets Policy | Same |
| Maine | Meets Policy | Same |
| Maryland | Meets Policy | Same |
| Massachusetts | Meets Policy | Same |
| Michigan | Meets Policy | Same |
| Minnesota | Meets Policy | Same |
| Mississippi | No Policy | Same |
| Missouri | Meets Policy | Same |
| Montana | Limited Policy | Same |
| Nebraska | Meets Policy | Same |
| Nevada | Meets Policy | Same |
| New Hampshire | Meets Policy | Same |
| New Jersey | Meets Policy | Same |
| New Mexico | Meets Policy | Same |
| New York | Meets Policy | Same |
| North Carolina | Meets Policy | Same |
| North Dakota | Limited Policy | Better |
| Ohio | Limited Policy | Same |
| Oklahoma | Meets Policy | Same |
| Oregon | Meets Policy | Same |
| Pennsylvania | Limited Policy | Better |
| Rhode Island | Meets Policy | Same |
| South Carolina | Limited Policy | Same |
| South Dakota | Meets Policy | Same |
| Tennessee | Limited Policy | Same |
| Texas | Meets Policy | Same |
| Utah | Meets Policy | Same |
| Vermont | Meets Policy | Same |
| Virginia | Meets Policy | Same |
| Washington | Limited Policy | Same |
| West Virginia | Limited Policy | Same |
| Wisconsin | Meets Policy | Same |
| Wyoming | Limited Policy | Same |
Data Source: National Conference of State Legislatures, "Genetics and Health Insurance State Anti-Discrimination Laws," updated January 2008, available at http://www.ncsl.org/default.aspx?tabid=14374, accessed September 10, 2010; National Conference of State Legislatures, "Genetic Employment Laws," updated January 2008, available at http://www.ncsl.org/IssuesResearch/Health/GeneticEmploymentLaws/tabid/14..., accessed September 10, 2010; National Institutes of Health, "National Human Genome Research Institute Database," available at http://www.genome.gov/PolicyEthics/LegDatabase/pubsearch.cfm, accessed September 10, 2010
Footnotes
1 The Genetic Information Nondiscrimination Act of 2008, P.L. 110-233, 122 Stat. 881 (2008).
2 National Human Genome Research Institute, “The Genetic Information Nondiscrimination Act of 2008: Information for Researchers and Health Care Professionals,” (Rockville: Department of Health and Human Services, National Human Genome Research Institute, April 6, 2009), available at http://www.genome.gov/Pages/PolicyEthics/GeneticDiscrimination/GINAInfoD..., accessed September 24, 2010.
3 Alabama only prohibits insurers from considering a predisposition for cancer in risk selection or risk classification, and from using genetic information to deny coverage to applicants with sickle cell anemia. Alabama was graded incorrectly in the 2007 Report Card. It should have received a "no policy" instead of a "limited policy." Since there is no change in the individual state law for this state, the comparison with 2007 is based on the underlying data, that is, there is no change from 2007.
4 Florida only prohibits the use of genetic information for denying employment to persons with the sickle-cell trait, or requiring screening or testing for the sickle-cell trait as a condition for employment.
