Major breakthroughs that occur in modern science and medicine often generate new legal challenges, which eventually are addressed in some way by legislative bodies, government agencies, or sometimes by the courts. The mapping of the human genome is a perfect example. This medical milestone is providing the foundation for major advances in diagnosing and treating diseases, discovering and preventing genetic disorders, and mitigating the effects of the aging process. It holds the potential for enormous improvements in human health. Yet it also raises the prospect that information generated from genetic testing could be improperly used in employment decisions, in health and life insurance coverage determinations, and in other important matters.
To address these concerns, Congress and state legislatures set about enacting protections against the misuse of genetic information. The Health Insurance Portability and Accountability Act (HIPAA) of 19961 prohibited health insurers and health plans from imposing a pre-existing condition exclusion from health insurance coverage based solely upon genetic information. The law also prohibited discrimination in individual eligibility, benefits, or premiums based upon any health factor, including genetic information.
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