DOVER, Del. - A new bill in the Delaware General Assembly aims to prohibit genetics based discrimination when it comes to life insurance and annuities. The act, House Bill 286, would bar life insurance companies from discriminating against consumers by using information obtained from genetic testing companies like 23andMe and AncestryDNA.
This means genetic information that is not included in a medical record as a basis for a person's medical diagnosis, or in pertinent family history, can't be used in life insurance discrimination. Additionally, if passed, this bill would prohibit people working in the life insurance industry from requesting, requiring or buying information obtained from genetic testing companies.
Legislators say House Bill 286 would fill gaps left in the Genetic Information Nondiscrimination Act of 2008, which is a federal anti-discrimination statute. This act is typically thought of in two parts: one for employment and one for health insurance. One protects employees and applicants in employment decisions, like not allowing an employee to be reassigned from a stressful position based on a family history of heart disease. The other generally prohibits discrimination in premiums and contributions for group coverage based on genetic information, according to the U.S. Department of Health and Human Services. The federal statute does not address the life insurance industry.
Rep. Jeff Spiegelman, R-Clayton, is the primary sponsor for the bill. He said he's taken these genetic tests and doesn't think it's fair that information consumers receive through a test they pay for can be used by life insurance companies to boost rates or deny coverage.
"Allowing life insurance companies to set rates, deny coverage or terminate policies based on this private data could have a chilling effect on the appeal of submitting your DNA for analysis," Spiegelman said. "I don't want people kept in the dark about potentially serious health issues because they are worried about the financial implications of the results. This is a deterrent to wellness that we should eliminate."
House Bill 286 was introduced on Jan. 17 and is expected to receive bipartisan support. So far, 20 representatives from the Delaware House and Senate have supported the bill as sponsors or co-sponsors. It is in its early stages and has been assigned to a House committee.