The Genetic Information and Nondiscrimination Act, a federal law known as GINA, prohibits employers from using genetic information in hiring, firing, job assignments, or promotions. It also prohibits health insurers from using genetic information to determine eligibility and set premiums. However, GINA does not include genetic information protections for life, long-term care, or disability insurance. As a result, many members of the hereditary cancer community are being denied or charged significantly higher rates when attempting to purchase these products.
The fear of discrimination by life, disability and long-term care insurers deters people from getting medically appropriate genetic testing. This means these individuals may not access guideline-recommended preventive care like earlier, more frequent cancer screening, risk-reducing surgery and other interventions that may mitigate their cancer risk.
A.B. 1798 will prohibit life, long-term care and disability insurers from using genetic test information to cancel, limit, deny coverage, or set differentials in premiums. It ensures that individuals are not victims of insurance discrimination due to their genetic test results, promoting fair and equitable insurance practices within California.