GENEALOGY-DNA-L Archives

Archiver > GENEALOGY-DNA > 2007-09 > 1188754047


From: "grandcross" <>
Subject: Re: [DNA] DNA Security and protection
Date: Sun, 2 Sep 2007 12:27:27 -0500
References: <C2FF9255.1ABD8%hbwhitmore@yahoo.com><00af01c7ed0b$44166510$6400a8c0@Ken1><011901c7ed17$da1e7b90$6501a8c0@SILVA><000b01c7ed68$08248020$6400a8c0@Ken1>


----- Original Message -----
From: "Ken Nordtvedt" <>
To: <>
Sent: Sunday, September 02, 2007 8:49 AM
Subject: Re: [DNA] DNA Security and protection


>
> ----- Original Message -----
> From: "grandcross" <>
>
> This is a different issue from the
>> outright denial of insurance under certain limited circumstances.
>
> Like what circumstances? Hiding a known genetic predisposition or
> refusing
> genetic tests that insurance companies may want in order to judge risk?


Insurers in the United States are governed primarily by state Commissioners,
Administrators, etc., under state law, so statutes vary. So far as I am
aware, however, no company or other legal entity can define a particular
ethnic or racial group, for example, and refuse to provide coverage at the
same time it makes the same insurance available to the public generally. It
may be possible for an insurer to charge a particular group more for the
protection it offers, or place other conditions on the issuance of coverage
such as government guarantees, as long as the basis for doing so is
constitutionally permissible, but it cannot refuse coverage and still
transact business in the state. That's the kind of outright denial I was
referring to.

Hiding a known genetic predisposition is in a different category altogether.
With some variation, that is usually regarded as a question of whether the
insured failed to disclose a material fact directly related to the insurer's
assessment and assumption of the risk, as well as the rate fixed. Insurers
have the right to know all the facts they need (within reason) to decide
whether to issue a policy. If someone deliberately hides information of
relevance, that could vitiate the policy.

Refusing a genetic test required by the insurer before issuing a policy
would ordinarily simply mean you don't get insured. However, as already
mentioned on this list, there is now legislation pending in Congress to
expand the Genetic Nondiscrimination Act of 2007 which addresses this issue
in relation to health insurance and employment.


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