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Volume 12 Number 21 Genetic Testing The Senate Health, Education, Labor and Pensions Committee Jan. 31 approved legislation that would bar health insurers from using individuals' genetic information to deny coverage or determine rates or premiums. The bill (S. 358) also would bar employers from using individuals' genetic information when making hiring, firing, job placement, or promotion decisions. The bill was introduced by Sen. Olympia Snowe (R-Maine) and co- sponsored by Committee Chairman Edward M. Kennedy (D-Mass.) and Ranking Member Mike Enzi (R-Wyo.). It is identical to legislation that was unanimously approved by the full Senate on two occasions, in 2004 and in February 2005. Although the full House has yet to vote on similar legislation, supporters have expressed optimism for the chances of approval this year. Two Republicans Vote No The Senate committee approved the measure on a 19-2 vote during an executive session. Republicans Richard Burr (N.C.) and Tom Coburn (Okla.) cast the only negative votes. In a statement issued after the vote, Enzi said that he was aware of the potential concerns of business to the pending legislation. "As a former small businessman, I am sensitive to the concerns raised by some in the business community that this legislation might impose new liabilities on employers," Enzi said. "However, I am confident that when critics become familiar with the provisions of this bill they will see that it protects both employees and employers by setting a standard of conduct that is easy to understand and easy to follow. We are far better off setting uniform, consistent rules of the road clearly and up front, rather than allowing them to be set piecemeal through litigation." Kennedy, in a statement, also called for prompt approval of the legislation. "Discrimination based on genetics is just as wrong as discrimination based on race or gender," he said. House Bill On Jan. 30, a subcommittee of the House Education and Labor held a hearing on a companion measure (H.R. 493) introduced by Reps. Louise Slaughter (R-Ill.) and Judy Biggert (R-Ill.), which also has widespread support. The full committee is expected to act on the measure shortly, according to an aide. During the hearing, Biggert testified the legislation makes several changes that are "much more friendly" to the business community than previous bills to ban genetic bias. The current bill represents "a compromise" on some of the issues that concerned employers, such as the potential for frivolous lawsuits and excessive damages, Biggert said.
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