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dsplittgerber | 13 years ago

Is the most obvious question being adressed in any jurisdiction yet? - Do you legally have to disclose your results to any insurance company you already have an existing contract with or prior to any new insurance contract?

By chance, I just read a typical life insurance contract and it already stated that if you have undergone a genetic testing, you do have to disclose your results if you enter into a life insurance contract >300.000€. This was stipulated in the contract and not under general German contract law. If you do not disclose your results, the company can void the contract any time and/or terminate it any time in the future.

This is going to be THE most important issue with genetic testing - the implications for your insurance contracts. Obviously, your test results can have massively positive or negative results.

discuss

order

apaprocki|13 years ago

In the US, President Bush signed the Genetic Information Nondiscrimination Act of 2008 which covers these topics. Some relevant parts are available here: http://thomas.loc.gov/cgi-bin/bdquery/z?d110:HR00493:

edit: Specifically, "`(A) IN GENERAL- For purposes of this section, a group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not adjust premium or contribution amounts for the group covered under such plan on the basis of genetic information."

jellicle|13 years ago

Note that it doesn't prevent discrimination for life insurance, disability insurance or long-term care insurance; if you get a dangerous condition in your DNA testing you'll never get any of those types of insurance again.

Also note the limitations are not very comprehensive. Health insurers could use genetic info and then find ways to deny you coverage on a technicality (didn't disclose tonsilitis at age 4 - DENIED). There's no civil remedy in the law so it would be up to you to petition the Federal government to carry out some sort of enforcement action against insurers, which seems less than likely.

martincmartin|13 years ago

Gender is determined genetically, and men and woman have different life expectancies. Does this mean you can't charge men and women different rates (all else being equal)?

im3w1l|13 years ago

I think this isnt a good solution. Imagine the following scenario. A disease hits with p=0.001. To cure it is Very Expensive. Everyone gets insurance that covers it.

Now imagine we have a test, that can predict it with certainty. Very soon only those with positive results will want insurance. The insurance against it will become unprofitable and discontinued.

hippich|13 years ago

This covers only lucky ones, who are employed and have access to group insurance plans, isn't it? In this case entrepreneurs who just starting will be screwed.

fluidcruft|13 years ago

Right. But the parent used life insurance as an example, not health insurance.