Genetic discrimination bill becomes law

Medical science moves at a breakneck pace these days. Almost every day there seems to be at least a small breakthrough that helps push the health care community toward a greater understanding of the inner workings of the human body.

Keeping up with the latest medical developments is a full-time job for me. So I was particularly impressed that our usually slow-footed government has actually already passed a landmark bill on genetic rights. This month, Pres. Bush signed into law the Genetic Information Nondiscrimination Act (GINA), which will protect Americans against health insurance or employment discrimination based on their genetic information.

Incredibly, the bill sailed through our nation's usually tedious and glacially paced legislation process. Sen. Ted Kennedy called this bill "the first major new civil rights bill of the new century." And he's right.

Genetic testing has become very prevalent and could lead to early, lifesaving therapies for a variety of diseases with hereditary links such as breast cancer, prostate cancer, diabetes, heart disease, and Parkinson's disease. But since the results of genetic testing become part of your medical records, any predisposition to a given disease can be seen by would-be insurers and, in some cases, employers. The fear is that having a genetic predisposition toward a certain ailment could lead to denial of coverage by insurance companies, or employment discrimination.

As you know, I'm usually the first one to find fault with our government, especially when it comes to health care issues. But I am impressed that lawmakers recognized the need for an act like GINA, and that they moved so quickly to enact this law. After all, as much as I hound the government, I believe that profit-minded insurance companies are not to be trusted to do the right thing. At times, it seems as though insurance companies will stop at nothing to deny legitimate insurance claims.

The fact that, even in this incredibly partisan time in our history, GINA could be passed UNANIMOUSLY by Republicans and Democrats speaks volumes about the national distrust of the insurance industry. What's even more incredible is that the insurance companies have lobbies that wield enormous power inside the beltway, and still there was no opposition to this bill from the House, the Senate or the President.

When was the last time our government passed a proactive civil rights bill? I believe it was…. never. As they say, there's a first for everything.

- By William Campbell Douglass II, M.D.