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Running Head: GENETIC 1Genetic Information Nondiscrimination Act of 2008Maryalice WoodHCA322: Health Care Ethics & Medical LawInstructor Audris SmithMay 1, 2018
GENETIC 2The Genetic Information Nondiscrimination Act of 2008 (GINA) “is a U.S. congressional act that prohibits the use of a person's genetic information for purposes of health insurance and employment. The law prohibits health plans and insurers from denying coverage to healthy patrons or adjusting premium rates when based solely on a genetic predisposition, regardless of how the insurer or health plan became aware of this PHI. GINA also prohibits employers from discriminating on the basis of a person's genetic code. Though relatively obscure today (especially in comparison with HIPAA and ACA privacy provision), GINA was touted by the late Senator Edward Kennedy as "the first major new civil rights bill of the new century" (as cited in Kaye, 2013, p. 51) when the bill was passed unanimously by the Senate and with an overwhelming majority in the House of Representatives in 2008” (Bustillos, D., 2013). This law is to prevent the discrimination from employers and health insurers. The main reasons behind this are to protect the community from any possible discrimination as well as reduce the fears about discrimination in order to advocate the need for genetic testing, research, and therapy. This paper will discuss the purpose of GINA, summarize thefive congressional findings that assisted in creating the final GINA law, as well as analyze the descriptions of two elements within the congressional findings.
GENETIC 3The genetic information is protected by laws, which includes family’s healthhistory, genetic counseling and other services, results of testing, and the participation of genetic studies and research. The use of genetic information assistspeople in gaining the knowledge as well as understanding health conditions that could run in the family, as well as the risks of developing health conditions, or the risks of having a child born with health conditions. The information would allow people to make healthy lifestyle choices and critical medical decisions. It ensures that physicians and healthcare professionals will provide the best quality care. GINA’s safeguard helps people feel at ease and being more comfortable to discuss family medical history with the physician and family. Patients can choose to use genetic testing as well as other services so as to educate and learn about the risks without the fear of genetic discrimination. “The passage of GINA has important implications for patients and their families. Nurses are on the frontlines of healthcare delivery and need to become familiar with the scope and limitations of GINA so that they can educate patients and families about this new law. This article describes the need for GINA, the scope and limitations of this law, and health provider resources relating to the implications of this law. Efforts to inform the public and healthcare providers about GINA are described” (Lea, D. H., 2009).