The Genetic Information Nondiscrimination Act (GINA)

The Genetic Information Nondiscrimination Act (GINA) of 2008

The Genetic Information Nondiscrimination Act (GINA) of 2008 was passed by the US Congress and forbids any type of genetic information discrimination in areas like employment and health insurance. (Bustillos, 2013). hereditary knowledge is important because it clarifies the dangers associated with hereditary illnesses as well as health conditions that may occur in families due to gene transfer. The individual will be able to seek out alternate means of preventing the genetically transmitted illnesses or health disorders from affecting future generations with the aid of this genetic knowledge. This paper provides insight into the purpose of GINA, summarizes the congressional findings that aided in the creation of the Final GINA law and describes at least two elements noted within the congressional findings.

Purpose of GINA

The purpose of GINA laws is to protect the people from forms of discrimination and give them confidence to facilitate further genetic testing, therapy, and research. The GINA laws provide basic legal protections and encourage the people to get involved in genetic activities like genetic screening, counseling, and therapy. Another purpose of the GINA laws is that it hinders the companies providing health insurance from making adjustments on the prices depending on an individual’s genetic composition (Bustillos, 2013). GINA laws prevent the acquisition of genetic Information from an individual without prior knowledge of the purpose of its use.

The GINA laws also protect the health professionals and staff in the healthcare industry from being discriminated in terms of employment because of their genetic composition. GINA provides equality to all as it promotes hire and discharge of employees regardless of their genetic composition, thus giving people an opportunity in the society. The GINA laws make the people feel at ease sharing their family health history with the physicians because they know the laws protect the misuse of the information divulged to the health professionals (Bustillos, 2013). GINA laws are used to guide people on matters concerning genetic information to enlighten them on the importance of genetic Information and how it should be handled.

Summary of the Congressional Findings that Helped Create the Final GINA Law

The first congressional finding that helped create the final GINA law is the analysis of the order of the human genome and other genetic activities as they pave the way for significant medical progress. The information acquired from the genome analysis will aid in the faster detection of diseases even before the symptoms manifest. Genetic testing can help reduce the tendency of a person developing a particular disorder through analysis of the specific genomes associated with the disorder (U.S Equal Employment Opportunity Commission, 2008). Genetic testing helps improve therapies and helps achieve treatments that have no side effects.

The second congressional finding that helped create the final GINA law is the early science regarding genetics. This was adopted to become the state laws which involved sterilization of people who were believed to have particular genetic disorders like epilepsy, blindness, mental disease, hearing loss among other health complications (U.S Equal Employment Opportunity Commission, 2008). Many of the sterilization laws have been repealed to accommodate constitutional requirement and provide equal protection, and this paved the way for the creation of the GINA law.

The third congressional finding that assisted on the creation of the final GINA law is that there are genetic conditions which are highly associated with a particular race, group or gender and this makes these individual groups prone to discrimination.

The fourth congressional finding that aided the creation of the final GINA Law is that the Congress was enlightened about the various discriminations that took place at the workplaces such as the use of pre-employment genetic screening (Bustillos, 2013). The congress has a public interest and seeks to end discrimination in employment and health insurance.

The fifth and final finding is that the federal law agreed that genetic discrimination is present in health insurance and employment as the scope of its safeguards were not complete. Though many states adopted the genetic non-discrimination laws, they kept on changing depending approach, level of protection and application. This created a need for a uniform and basic national standardization to fully protect the people from discrimination.

Elements Noted Within the Congressional Findings

In the first congressional finding of the GINA law, the genetic information regarding genome sequencing was believed to help identify the specific genes responsible for illnesses and develop their genetic therapies. This shows that presence of a particular genetic composition can lead to the occurrence of a specific disease and the information of the genetic composition can help create remedies for the illness or ways to overcome it.

In the second congressional law, the use of genetic information to sterilize people with genetic disorders to prevent the people from passing the defective genes to other generations shows that there is a sense of interest and well-being of the coming generation.

The fourth congressional finding of being notified of the genetic discrimination at workplaces helps to make sure genetic information is not used as a basis of discrimination by employers, thus providing equality (U.S Department of Labor, n.d).

Conclusion

In conclusion, it is evident that GINA law was established to help stop genetic discrimination which had dominated the society. Also, GINA law prevented health insurance from imposing higher or different premiums for people basing on their genetic composition. The five congressional findings are what assisted in the creation of the GINA law and are focused on promoting the science of genetics and preventing the various forms of genetic discrimination that can happen to protect the people.

References

Bustillos, D. (2013). Health Care Ethics and Medical Law. San Diego, CA: Bridgepoint Education, Inc.

U.S Department of Labor. (n.d). Employee Benefits Security Administration. Retrieved from: https://www.dol.gov/agencies/ebsa/temporary-postings/information-page

U.S Equal Employment Opportunity Commission. (2008). The Genetic Information Nondiscrimination Act of 2008. Retrieved from: https://www.eeoc.gov/laws/statutes/gina.cfm