Late last week, the House approved a bill to bar insurance companies and employers from discriminating against an individual based on genetic information. The legislation, the Genetic Information Non-Discrimination Act (H.R. 493.) was passed on May 1 in the House 420-3 and sailed unopposed through the Senate on April 24.

Though language was added in the Senate aimed at protecting insurance companies from excessive lawsuits, the language was stripped out when it was sent back to the House for their requisite approval. President George W. Bush has announced his intent to sign the bill within a short timeline. Under the bill, insurers would not be allowed to use genetic information to set rates or determine enrollment eligibility, and employers would not be allowed to use such information in hiring or firing decisions.

The bill’s proponents are hopeful that by instituting laws against the use of genetic information, individuals will be more likely to undergo genetic testing with the hope that such testing will lead to early treatment of various genetic diseases as well as broad medical advances.

However, some employer groups have raised concerns that the bill didn’t go far enough in protecting against lawsuits from unscrupulous individuals who will look to exploit the law. The bill expressly prohibits genetic information from being included on any employer-provided sick or family leave not covered by the Family and Medical Leave Act (FMLA), or any discussion on health insurance covered under the Health Insurance Portability and Accountability Act (HIPAA). However, FMLA medical certification forms and certain workers' compensation forms were not specifically mentioned. If genetic information happened to be listed on such forms, employers could be accused of using such information in hiring or firing decisions—even if they didn’t—just for having the information.

While the issue of genetic nondiscrimination received wide Congressional support, HIPAA already has language stipulating such information cannot be used in the group health market. How the new law’s legal implications will change employers’ and insurers’ standard operating procedures regarding genetic information remains to be seen.