<nobr>May 5, 2008</nobr>

House Approves Revised Genetic Nondiscrimination Legislation, Clearing Way for President

The House of Representatives on May 1 followed the Senate's lead and approved (414-1) an identical version of H.R. 493, the Genetic Information Nondiscrimination Act (GINA), paving the way for President Bush to sign the bill into law.

GINA has been a legislative project in the works for over ten years, during which time stakeholders interested in passing effective genetic information protections have been unable to reconcile technical disagreements. Most prominent among them was a concern expressed by ERIC and other employer groups that the bill would invite litigation targeted at employer health plans. Previous versions of the bill would have allowed such claims under GINA to circumvent the ERISA remedy structure and instead be eligible for expansive civil rights remedies, intended to apply to discrimination in hiring and firing practices.

After the persistence of ERIC and strong opposition from Senator Tom Coburn (R-OK), the congressional leadership finally added a fix that will make sure claims brought against employer plans are handled in the usual ERISA manner.

ERIC is optimistic that after passage of this bill, genetic screening and "personalized medicine" will become ever more prominent and allow patients to identify looming health crises early enough that they can be prevented and managed, avoiding the need for costly and dangerous last-minute procedures. The widespread adoption of responsible analysis of genetic information and appropriate use of that analysis by a physician team can lead to reduced costs and better health outcomes for all.

Questions or comments on this legislation should be directed to Edwina Rogers, erogers@eric.org, or Rohan Beesla, rbeesla@eric.org.


Websites:

H.R. 493

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