A. Bombard, MD, Medical Director, West Region-Women’s Health, AETNA, Inc.; Clinical Professor, Department of Obstetrics and Gynecology and Women’s Health, Albert Einstein College of Medicine
A.G. Breitenstein, JD, Chair, Medical Privacy Working Group, Massachusetts State Legislature; Former Director, Health Law Institute, Boston, MA.
Charles A. Welch, MD, Massachusetts Medical Society, Waltham, MA
Mark A. Rothstein, Herbert F. Boehl Chair of Law and Medicine, University of Louisville School of Medicine
Jonathan Zittrain, Jack N. and Lillian R. Berkman Assistant Professor of Entrepreneurial Legal Studies, Harvard Law School; Faculty Co-Director, Berkman Center for Internet & Society
The availability of testing to determine an individual's genetic information predictably raises legal and ethical concerns about the appropriate contexts for testing and the appropriate applications of genetic information. This panel will examine the extent of privacy-related concerns, the use of genetic information in health insurance, and finally the general overarching question of whether genetic information is sufficiently distinct from other types of medical information to warrant different legal and ethical rules and norms.
In preparation for the Policy Roundtable:
Glossary of Insurance Terms—provided by Allan Bombard, MD, of AETNA US Healthcare.
Christopher M. Keefer , BRIDGING THE GAP BETWEEN LIFE INSURER AND CONSUMER IN THE GENETIC TESTING ERA: THE RF PROPOSAL 74 Ind. L.J. 1375 : This article explores some of the public health concerns surrounding the use of genetic information in insurance and builds upon an existing literature to suggest a federal level response. This response would assign "risk factor" to each discovered genetic condition that would be used in an insurer's assessment of risk to ensure fairness in the process both to consumers and insurers.
Warren R. Webster, Jr. , Note,DNA DATABASE STATUTES & PRIVACY IN THE INFORMATION AGE , 10 Health Matrix 119: This article contains an informative overview of genetic fingerprinting both at the state and federal level, and explores some of the benefits and risks of a vast database of genetic information.
Lawrence O. Gostin, James G. Hodge, Jr. GENETIC PRIVACY AND THE LAW: AN END TO GENETICS EXCEPTIONALISM ,40 Jurimetrics J. 21: This article considers and rejcts "genetics exceptionalism" the theoretical framework that considers and treats genetic information different from other types of medical information. The authors argue that rules must be developed to protect the use of all types of medical information -- genetic and non-genetic.
James G. Hodge, Jr.NATIONAL HEALTH INFORMATION PRIVACY AND NEW FEDERALISM, 14 Notre Dame J.L. Ethics & Pub. Pol'y 791: This article reviews the various state responses to genetic privacy concerns and then explores the desirability and feasibility of a federal level standard. The article concludes that while national uniformity is preferable, federalism-related concerns make such a response unlikely.
Mark Hall, 40 Jurimetrics J. 93 LEGAL RULES AND INDUSTRY NORMS: THE IMPACT OF LAWS RESTRICTING HEALTH INSURERS' USE OF GENETIC INFORMATION: This article contains and invaluable and rare empirical review of the extent to which insurers use genetic information in making coverage decisions. The article concludes that insurers are disinterested in or reluctant to use genetic information in making enrollment decisions for a variety of reasons, and that insurers are responsive to the norms articulated in the few laws in force that curtail the use of genetic information in insurance.
When and Where:
27 February 2001, Austin East, 1515 Mass Ave, 6:30-8pm, Harvard Law School
Click here for a map.
Please RSVP to this event.
Route 128 (I-95)
to Other Policy Roundtable |
of the Human Genome Project for Medicine and Society
Privacy: Legal and Ethical Frameworks
Genomics into Better Medicine
about this site
© Copyright 2001, Harvard Health Caucus at the Harvard Medical School