The Genetic Information Nondiscrimination Act (GINA): Public Policy and Medical Practice in the Age of Personalized Medicine

Journal of General Internal Medicine, 2012

U of Penn Law School, Public Law Research Paper No. 12-13

14 Pages Posted: 18 Feb 2012  

Eric A. Feldman

University of Pennsylvania Law School

Date Written: December 20, 2011

Abstract

Survey data suggest that many people fear genetic discrimination by health insurers or employers. In fact, such discrimination has not yet been a significant problem. This article examines the fear and reality of genetic discrimination in the United States, describes how Congress sought to prohibit such discrimination by passing the Genetic Information Nondiscrimination Act of 2008 (GINA), and explores the implications of GINA for general internists and their institutions. It concludes that medical providers and health care institutions must be familiar with the general intent and specific terms of GINA, and should continue to collect genetic information that can contribute to the high quality provision of medical treatment. Not doing so violates their medical mission and diminishes the quality of care patients deserve.

Keywords: Health law and policy, genetics, law, policy, personalized medicine, discrimination, bioethics

Suggested Citation

Feldman, Eric A., The Genetic Information Nondiscrimination Act (GINA): Public Policy and Medical Practice in the Age of Personalized Medicine (December 20, 2011). Journal of General Internal Medicine, 2012 ; U of Penn Law School, Public Law Research Paper No. 12-13. Available at SSRN: https://ssrn.com/abstract=2007233

Eric A. Feldman (Contact Author)

University of Pennsylvania Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States
215-573-6400 (Phone)
215-573-2025 (Fax)

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