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Genetic Technology and the Law

 

 

Nancy Viscofsky, M.P.H., and Patricia Ward, M.S.

 

 


The rapid progress of genetic research raises important issues regarding medical insurance. Genetic data and medical history information require a unique set of guidelines for this fast-emerging science. Potential access to people's genetic information by insurance companies, employers and other institutions presents potentially serious ethical conflicts between the patient, physician, researcher and the insurance industry. Genetic material can remain stable over time, so storing specimens in anticipation of future tests not yet developed raises issues of an individual's control of his or her own genetic information. In this issue of the newsletter we will begin a series of articles to help you better understand the impact of the genetic technology on insurance and how legislation is beginning to address these issues. This first article will focus on what is genetic information and who has access to your genetic information.

    What is Genetic Information?
 

Genetic information is defined as data about genes, gene products, or inherited characteristics. This information can come from several sources including genetic testing, testing for the presence of a protein in blood or tumor tissue, or from physical examination noting features suggestive of an inherited condition, such as, the presence of freckling and polyps associated with Peutz-Jegher syndrome. Conventional medical records (blood pressure, medical history, etc.) differ from genetic medical information in several important ways. Safeguards to protect the special nature of these documents are starting to be addressed by the insurance industry, lawmakers, and medical institutions.

  Personal Genetic Information Has Unique Characteristics:
 
1. Genetic information, which can show a predisposition to a disease , is different from medical data that indicate a diagnosed illness. For example, an individual who has inherited a genetic alteration associated with HNPCC has an 80% lifetime risk of developing cancer. This risk is based on estimates made after studying many people with HNPCC. However, the risk of cancer asociated with having an HNPCC mutation is not 100%, so having an inherited predisposition does not mean that cancer will definitley develop. At this time, genetic testing does not provide all the answers about a person's medical future.
2. DNA provides information not just about the patient, but also about the patient's entire genetic family, including siblings, parents, and children.

 

      Who Can Access My Genetic Information?
 

Recent changes in the health care industry have made the information contained in our medical records more readily available to third parties, such as insurance companies and employers. This trend has been influenced mainly by managed health care systems, which often have very complex referral and authorization practices. Access to our medical information has also been facilitated by the use of electronic medical records systems. It is important for the consumer of medical care to be aware of this. The process of applying for health insurance or simply filing an insurance claim for reimbursement for a routine medical appointment often involves signing a release. This release may allow your personal medical information to be sent to any number of third parties, including your own insurance company, your employer and possibly the Medical Information Bureau (MIB), a database that is available to more than 600 health, life and disability insurance companies.

There are some steps you can consider to try to minimize the amount of medical information that is released. Discuss your concerns about confidentiality with your doctor and ask your doctor to send only the information necessary to justify a particular referral or procedure, not your entire record. Carefully read any statement you are asked to sign for release of your medical information and consider changing the wording to limit the amount of information that may be sent, such as specifying the date of the clinic visit from which information can be sent. You may want to find out whether any of your medical information is on file with the MIB and, if so, whether the information is accurate. To receive information about how to request a copy of your file, write the Medical Information Bureau, P.O. Box 105, Essex Station, Boston, MA 02112, or call 617-426-3660.

 

 

 
 

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