Gina's Beauty is Only Skin Deep

Abstract

It is hard to be critical of the Genetic Information Non-Discrimination Act of 2008 (GINA). After all, it is the first federal law enacted to prohibit genetic discrimination, and passing it took 13 years of work by people whose goals I share. In analyzing the law, however, it is apparent that GINA fails to resolve or even address many of the basic concerns that drove the legislative effort. It is also clear why, despite 13 years of wrangling on Capitol Hill the final version of GINA was passed unanimously in the Senate and received only one negative vote in the Houses of Representatives - and that from inveterate naysayer, Representative Ron Paul.

Keywords: Genetic Information Nondiscrimination Act, GINA, genetic discrimination, health insurance, employment, americans with disabilities act, ADA, electronic health records, EHRs

JEL Classification: K31, K32