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{{Communications, Science and Intellectual Property Policy (U.S.)|congress=110|bill=h493}} 

{{Article summary|The '''Genetic Information Non-Discrimination Act''' (GINA) makes it illegal for health insurers to deny coverage or charge a higher rate or premium to an otherwise healthy individual found to have a potential genetic condition or genetic predisposition towards a disease or disorder. GINA also makes it illegal for employers to use an employee's genetic information when making hiring, firing, placement, or promotion decisions. The House and Senate passed the bill, sponsored by Rep. [[Louise Slaughter]] (D-N.Y.), during the [[110th Congress]].}} 

== Passage in the 110th Congress  ==

=== Bill summary  ===

Specifically, the bill would: 

*Prohibit access to individual genetic information by insurance companies making enrollment decisions and employers making hiring decisions.<ref name="McElroy 04-27-07" /> 
*Prohibit insurance companies from discriminating against an applicant for a group or individual health plan based on genetic information, the refusal to produce genetic information and for having been genetically tested in the past. <ref name="McElroy 04-27-07" /> 
*Prohibit insurance companies from requesting that applicants be genetically tested.<ref name="McElroy 04-27-07" /> 
*Prohibit employers from using genetic information to refuse employment and from collecting such data,<ref name="McElroy 04-27-07">Robert McElroy, [http://theweekincongress.com/Member/APR07_FULL/HR493HLTHhAPR27.htm "Managing America: Health,"] ''TheWeekInCongress,'' April 27, 2007.</ref> with fines as high as $300,000.<ref name="Harmon 05-02-2008" />

The bill defines genetic information as that obtained from an individual’s genetic test results, as well as genetic test results of family members and the occurrence of a disease or disorder in family members. Not included would be an analysis of proteins or metabolites that do not detect genotypes, mutations or chromosomal changes and do not include analyses of proteins or metabolites directly related to a disease, disorder or pathology that could reasonably be detected by a properly trained healthcare professional.<ref name="McElroy 04-27-07" /> 

Some occupations, however, require genetic monitoring. These jobs include working with nuclear or other hazardous materials where a negative effect could be chromosomal or genetic damage. In these cases, applicants would need to be made aware in advance of hiring that the testing is required and agree in writing to the testing.<ref name="McElroy 04-27-07" /> 

=== Consideration in the House  ===

<usbillinfo congress="110" bill="H.R.493" /> 

The GINA was introduced by Rep. [[Louise Slaughter]] (D-N.Y.) early in the 110th Congress, and quickly referred to the [[House Committee on Education and Labor]]. The House had previously considered the same bill in the 108th and 109th Congresses, but never reported it out of a subcommittee.<ref>Robert McElroy, [http://theweekincongress.com/Member/APR07_FULL/HR493HLTHhAPR27.htm "Managing America: Health,"] ''TheWeekInCongress,'' April 27, 2007.</ref> 

On January 30, 2007, the [[Subcommittee on Health, Employment, Labor, and Pensions]] heard testimony on the bill. Reps. Slaughter and cosponsor [[Judy Biggert]] (R-Ill.) testified before the committee along with David Escher, a former employee of [[Burlington Northern Santa Fe]] Railroad, who had his genetic information used against him by his employer.<ref>[http://edworkforce.house.gov/hearings/help013007.shtml "HELP Subcommittee Hearing: 'Protecting Workers from Genetic Discrimination',"] ''Committee on Education and Labor.'' January 30, 2007</ref> 

On April 25, 2007, Rep. [[Ron Paul]] (R-T.X.) one of the only dissenters towards this bill made a statement on the floor arguing that, "A much better way to eliminate irrational discrimination is to rely on state and local regulation." He stated also expressed his concern that the Federal government has a poor record protecting individual privacy and urged his collegues into considering that creating more Federal regulations and bureaucracies will not be effective.<ref>[http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_record&amp;amp;page=H4100&amp;amp;position=all]</ref> 

After passing out of the relevant committees in March, the House passed the bill (H.R.493) by 420-3 on April 24, 2007.<ref>Robert McElroy, [http://theweekincongress.com/Member/APR07_FULL/HR493HLTHhAPR27.htm "Managing America: Health,"] ''TheWeekInCongress,'' April 27, 2007.</ref> 

<usvoteinfo year="2007" chamber="house" rollcall="261" /> 

{{Record vote display|U.S. House of Representatives record vote 261, 110th Congress, Session 1}} 

=== Consideration in the Senate  ===

On January 31, 2007, the [[Senate Committee on Health, Education, Labor, and Pensions]] approved the Genetic Non-Discrimination Act by a vote of 19-2.<ref>Ted Kennedy. [http://help.senate.gov/Maj_press/2007_01_31_a.pdf "Statement of Senator Edward M. Kennedy on Genetic Information Nondiscrimination Act,"] ''U.S. Committee on Health, Education, Labor and Pensions.'' January 31, 2007.</ref> The dissenters were Sens. [[Tom Coburn]] (R-Okla) and Sen. [[Richard Burr]] (R-Ga). Coburn threatened to block the bill, which he argues, "would not prohibit discrimination against embryos that have been found to be at risk for disease through genetic testing prior to implantation," and "would have 'all sorts of unintended consequences' for issues such as claims processing, medical records and information sharing with law enforcement."<ref>Kristen A. Lee. [http://coburn.senate.gov/public/index.cfm?FuseAction=LatestNews.NewsStories&amp;amp;ContentRecord_id=7df8ccf2-802a-23ad-46e5-e10adcf813af "Senate Panel Passes Measure to Ban Genetic Discrimination,"] ''Congress Daily.'' February 1, 2007.</ref> 

After some amending, the Senate passed the House's version of the bill (H.R.493) on April 24 by a vote of 95 - 0.<ref>[http://www.opencongress.org/bill/110-h493/show Info page on H.R.494], OpenCongress.org.</ref> 

<usvoteinfo year="2008" chamber="senate" rollcall="113" /> 

{{Record vote display|U.S. Senate record vote 113, 110th Congress, Session 2}} 

=== Final passage  ===

The Senate version was passed by the House on May 1, 2008, with only Rep. [[Ron Paul]] (R-Tex.) voting against it. President George W. Bush has indicated that he would sign the bill.<ref name="Harmon 05-02-2008">Amy Harmon, [http://www.nytimes.com/2008/05/02/health/policy/02gene.html "Congress Passes Bill to Bar Bias Based on Genes,"] ''New York Times'', May 2, 2008.</ref> 

<usvoteinfo year="2008" chamber="house" rollcall="234" /> 

=== Support and opposition  ===

The [[U.S. Chamber of Commerce]] opposed the final version of the bill. It said the fines were too high and that limits on collection of medical information on patients would hinder some medical practices.<ref name="Harmon 05-02-2008" /> 

== Prior versions of the GINA  ==

The Senate previously approved the bill in the 108th and 109th Congress, only to see the House fail to pass a similar bill. 

'''108th Congress''' 

{{Senate record vote|
Vote name=[http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=108&session=1&vote=00377 A bill to prohibit discrimination]|
Date=October 14, 2003|
Vote result=Passed, 95-0|
Demvote=43-0 in favor|
GOPvote=51-0 in favor|
Indvote=1-0|
Votenum=377|
Congressnum=108|
Session=1}} 

'''109th Congress''' 

{{Senate record vote|
Vote name=[http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=109&session=1&vote=00011 A bill to prohibit discrimination]|
Date=February 17, 2005|
Vote result=Passed, 98-0|
Demvote=43-0 in favor|
GOPvote=54-0 in favor|
Indvote=1-0 in favor|
Votenum=11|
Congressnum=109|
Session=1}} 

== Articles and resources  ==

=== See also  ===

=== References  ===

<references /> 

=== External resources  ===

*[http://www.genome.gov/10002328 Genetic Discrimination in Health Insurance], an explanation from the Humane Genome Project. 
*[http://www.govtrack.us/congress/billtext.xpd?bill=h110-493 Genetic Information Non-Discrimination Act], full bill text. 
*[http://www.ncsl.org/programs/health/genetics/ndiscrim.htm State-by-State Genetic Non-Discrimination Laws], courtesy of the National Conference of State Legislatures. 
*[http://www.dnapolicy.org/policy.issue.php?action=detail&issuebrief_id=37 The Impact of Genetic Discrimination], an issue brief from the Genetics and Public Policy Center.

=== External articles  ===

*[http://www.cnn.com/ALLPOLITICS/1998/01/20/gore.gene/ "White House Endorses Ban On Genetic Discrimination,"] ''CNN'', January 20, 1998. 
*Jones, K.C. [http://www.informationweek.com/industries/showArticle.jhtml?articleID=196902492 "President Wants To Ban Discrimination Based On Genetics,"] ''InformationWeek'', January 22, 2007. 
*Slaughter, Louise. [http://www.dailykos.com/storyonly/2007/1/30/113528/619 "Stamping Out a New Form of Discrimination,"] ''Daily Kos'', January 30, 2007. 
*Carranza, Mandy. [http://www.cnn.com/2007/HEALTH/01/18/genetic.testing/ "Genetic tests may bring hope, inspire fear,"] ''CNN'', January 31, 2007

{{congresspedia}} 

[[Category:U.S._legislation]] [[Category:Labor]]