As GINA is Signed Into Law, Most Predict Great Gains, But Some See Shortcomings, Others Find a Mixed Bag

President Bush May 21 signed into law the Genetic Information Nondiscrimination Act, which prohibits employers, health plans, and insurers from discriminating against individuals on the basis of genetic information. The new law was applauded by lawmakers of both parties and by health-related groups. After the signing, however, some individuals and organizations, while acknowledging up-front benefits, began to suggest that, long term, the new law might lead to loss of privacy and threaten biopharmaceutical research and intellectual property. Others discounted those fears, predicting the industries will be strengthened not harmed.

The Genetic Information Nondiscrimination Act (GINA), which was introduced in Congress six times in various forms over the last 12 years and passed twice by the Senate but not by the House of Representatives, was approved unanimously by the Senate April 24 and on a vote of 414-1 by the House May 1 (2 LSLR 373, 5/9/08). The new law (Pub. L. No. 110-233) aims to eliminate any fear of discrimination by those who undergo genetic testing and thus encourage people to have these potentially beneficial tests. The law amends the...