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A new law that forbids discrimination based on genetics began November 21. This means that people may not be denied work or insurance based on any genetic testing or family history. This act excludes life insurers. The act covers all businesses with 15 or more employees. It started earlier this year for individual health insurance and after December 7 for group insurance. This law is only for intentionally acquired information. It does not cover what an employee states and is overheard. It will also be legal for an employer to get the information from public sources such as newspaper obits or why the employee has been off a week under the FMLA. Of course the employee who is then fired can state that it was due to the company knowing he had a genetic marker. Employers need to be concerned about this. Group health insurers can ask for the group to voluntarily give family history but can not force it or use it for underwriting. The insurers can not give time off or other perks for filling out family history. Top
The Senate voted to open debate on healthcare reform and then promptly went into Thanksgiving recess. The bill by Reid passed with the needed 60 votes but some of those may need more goosing for a final vote on the bill per se. There will need to be more give and take to win over the Democratic Senators that remain opposed but voted to open debate. Two Democratic Senators have openly stated they will not vote for a public health plan as it is currently conceived. This bill, as opposed to the House version, will reduce part of the deficit by as much as $130 Billion over ten years. Top
DISCLAIMER: Although this
article is updated periodically, it reflects the author's point of view at the
time of publication. Nothing in this article constitutes legal advice. Readers
should consult with their own legal counsel before acting on any of the
information presented.