House of Representatives Passes Senate Version of Genetic Information Nondiscrimination Act (GINA); President Bush Expected to Sign Bill

May 1, 2008 – The House of Representatives approved the Senate-passed version of the GINA (H.R. 493) by a vote of 414 to 1.

GINA will prohibit health insurers from using individuals' genetic information to deny coverage or determine rates or premiums. In addition, the bill would bar employers from using individuals' genetic information when making hiring, firing, job placement, or promotion decisions. ASH has been a strong supporter of this legislation and worked for the last several years to ensure passage.

Because of slight differences between the version of the bill originally passed by the House of Representatives in 2007 and the version passed last week by the Senate, the House was required to cast a final vote on GINA before the bill could be presented to President Bush, who has indicated his support for legislation to protect genetic information privacy.

The Senate compromise changed language in the bill to ensure there is a "firewall" between the section dealing with health plans and the section regarding employment to discourage "inappropriate" claims. The compromise also clarifies that insurers, while prohibited from discriminating based on genetic predisposition, will still have the right to base coverage and pricing on the actual presence of a disease. ASH is continuing to analyze what these and other changes to the bill might mean in implementation and will continue to keep ASH members updated on this issue.

ASH’s advocacy efforts on this issue have generated letters from Grassroots Network members around the country to lawmakers over the past several years. This advocacy has made a difference and the Society thanks everyone who has participated in these efforts.