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Volume 13 Number 72 By Derrick Cain News: Genetic Testing Legislation dealing with genetic discrimination in the workplace that has been languishing for nearly 10 years in Congress may move to the Senate floor during the week of April 14, according to a congressional aide close to the negotiations. The proposed Genetic Information Nondiscrimination Act (H.R. 493, S. 358) has widespread support among Republicans and Democrats, but has been subject to a "hold" by Sen. Tom Coburn (R-Okla.). The aide said negotiations with Coburn over his insistence on having a "business necessity" exemption have intensified. "Paper is flying back and forth," the aide said. He also said Senate Majority Leader Harry Reid (D-Nev.) may seek to move the bill by unanimous consent or by seeking cloture. The bill would prohibit employers from discharging, refusing to hire, or otherwise discriminating against employees on the basis of genetic information. It would apply to employment agencies and labor unions as well. The bill seeks to eliminate the fear of discrimination for people who now decline to undergo potentially beneficial genetic tests. The measure also would amend the Employee Retirement Income Security Act and the Public Health Service Act to preclude discrimination by group health plans and health insurance issuers against individuals based on genetic information and to prohibit insurers from requiring genetic tests. The House approved H.R. 493, introduced by Rep. Louise McIntosh Slaughter (D-N.Y.), in April 2007 on a 420-3 vote. Frustrated by a lack of movement in the Senate, the House then attached the same language to a mental health parity bill (H.R. 1424), which was approved March 5 on a 268-148 vote. Sen. Olympia J. Snowe (R-Maine) introduced S. 358 in January 2007 and it was quickly approved by the Senate Health, Education, Labor, and Pensions Committee with bipartisan support. The bill has 38 co-sponsors. The bill likely would be passed by a wide margin. However, Coburn placed a hold on the bill because he wants a "business necessity" exemption for employers to collect genetic information from workers. Bill supporters say the exemption sought by Coburn would create a large privacy protection loophole. Calls made to Coburn's office were not immediately returned.
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