HOW SHOULD GENETIC INFORMATION BE
HANDLED?
January 16, 2008
Article in St. Louis Dispatch by R.
Michael Lowenbaum, James Romeis &
Dr. Tyler Reimschisel
R. MICHAEL LOWENBAUM - Managing partner, The Lowenbaum
Partnership
EMPLOYERS SHOULD RELY INSTEAD ON VOLUNTARY WELLNESS PROGRAMS
The availability and use of genetic testing information is
on the rise.
With the increased availability of such information, many
employers have been tempted to use genetic information as a
means to screen out job candidates whose predisposition to
serious health problems may adversely affect health and
workers' compensation insurance costs.
Even well-meaning employers whose goal is to protect
potential or current employees from perceived hazards in the
workplace can run afoul of state and federal legislation
concerning disability discrimination and use of genetic
information.
In addition to the long-standing disability discrimination
laws, recently both the federal government and many states -
including Missouri and Illinois - have enacted legislation
regulating employers' use of genetic testing information.
These laws prohibit employers from utilizing their
employees' genetic information except in very limited
circumstances.
I believe that genetic information is rarely, if ever,
helpful for an employer to use, or even know. Instead, I
would recommend a voluntary employee wellness program as a
good alternative to control costs of employee illness,
injury, and health care.
Such programs allow employees to have regular health exams,
provide employees with information on ways they can avoid
future illness and improve employees' general health
awareness.
Such programs can benefit both employees and employers
without unduly exposing the employer to legal risks
associated with the use of genetic information.
JAMES ROMEIS - Professor of Health Services Research, St.
Louis University School of Public Health
WE SHOULD CHANGE THE DYNAMIC FROM ADVERSARIAL TO ECONOMIC
Stories of having your health insurance cancelled or denied
because of certain genes you or family members may carry are
scary and terrifying. This business practice is shortsighted
and probably increases overall health care costs and
decreases overall quality of life.
It suffers from OGOD - one gene, one disease - thinking. But
genetic variation may be a risk or a protective factor for
disease; (it's) often complex; it isn't necessarily (a
patient's) destiny and it usually involves environmental
factors that interact with the genes for a particular
disease, its treatment and outcome.
Rethinking this situation between health insurance and genes
from adversarial to economic opportunity may have merit.
First, more comprehensive analyses of genetic and
environmental risks for disease could produce results for
the role of genes in early detection, better diagnosis,
tailored treatment and prevention like we have never known
it!
Second, large insurance data sets that include genetic
information can teach us more about the course of diseases
because they should have sufficient numbers of cases for
assessing rare diseases and permit analyses of complex
disorders. This type of information leads to better
management of the genetic hand we have been dealt.
Insurance companies that embrace new knowledge about
genetics should find themselves in a competitive advantage;
enjoying increased market share and increased profits. A
profit motive, coupled with very stringent external
regulations, would function as incentives to protect patient
privacy.
From a larger societal perspective, the overall result could
lead to improved care and a healthier population.
DR. TYLER REIMSCHISEL - Neurogeneticist and assistant
professor of Pediatrics and Neurology, Washington University
School of Medicine
LAWMAKERS SHOULD PREVENT THE USE OF GENETIC DATA TO REFUSE
INSURANCE
We have entered an exciting era in modern medicine as
genetic testing provides opportunities for individuals to
receive personalized medical care. Today, genetic testing
for certain diseases can help physicians more accurately
diagnose and treat some patients, typically making such
tests cost effective in the long run.
Over the next decade, genetic testing will become an
integral component of individualized treatment and
therapeutic interventions.
Yet it is important to acknowledge that our ability to
perform genetic testing has outpaced our complete
understanding of the results.
We now have the ability to use genetic testing to help
predict an individual's risk of developing a particular
disease in the future. However, an abnormal genetic test
result rarely means that an individual will inevitably
develop the disease.
Genetic test results must be interpreted with caution,
taking into consideration what is currently known about the
genetic basis for the disease, environmental factors that
may contribute to disease and the family history of the
individual.
Given the current limitations in our understanding of many
genetic test results, insurers should avoid using genetic
information as a pre-existing condition.
Lawmakers also should prohibit genetic information from
being used to determine an individual's eligibility for
insurance.
It is also essential that lawmakers and medical directors of
insurance companies receive ongoing education about the
utility, limitations, and promise of genetic testing.