Creating a Genetic Underclass: The Potential for Genetic Discrimination by the Health Insurance Industry

Abstract

AND HUMAN VALUES 148 (1990).Because most DNA-based tests for genetic disorders are technically difficult, costly to perform, and are sometimes unreliable, widespread use of genetic testing is limited.MEDICAL TESTING, supra, at 19.Most blood tests are limited to biochemical profiles that are derived from analyzing a battery of twelve or more tests per blood sample.Id. at 122.See generally id. at 121-41 (explaining technical background of HIV screening).See also GENETIC MONITORING, supra note 1, at 77-95 (discussing the technical molecular background behind genetic testing).Diagnostic tests offered by biotechnology firms range in price anywhere from $200 to $980 per test, and can rise as high as $3000.Id. at 95; Larry Gostin, Genetic Discrimination: The Use of Genetically Based Diagnostic and Prognostic Tests by Employers and Insurers, 17 AM.J.L. & MED.109, 116 (1991) [hereinafter Genetic Discrimination].For example, the test for Huntington's disease costs $450 per sample.GENETIC MONITORING, supra note 1, at 95. See infra Part II for a further discussion of diagnostic tests administered by biotechnology firms.3. Genetic tests identify diseases by isolating a "marker," an "unusual DNA sequence that is believed to be inherited with a disease causing gene."DOROTHY NELKIN & LAURENCE TANCREDI, DANGEROUS DIAGNOSTICS 27 (1989).Markers are detected through techniques that fragment DNA drawn from blood cells so that the region on a chromosome where a defective gene is located can be identified.Id.4. Lung cancer is the leading cause of cancer death among Americans.GENETIC MONITORING, supra note 1, at 91.There is evidence of various genetic defects that contribute to the development of cancer.Environmental exposures such as smoking may exacerbate this condition.Id.5.