Louise Slaughter takes on genetic discrimination
Congresswoman Slaughter just sent us a terrific piece on the importance of the Genetic Information Nondiscrimination Act.
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I wanted to share with fellow RochesterTurning readers an exciting
development in a piece of legislation that I have been working on for
over a decade in Congress.
—Congresswoman Louise Slaughter
The House Steps Up: Takes On Genetic Discrimination
For the past thirteen years, I have been working tirelessly to pass the Genetic Information Nondiscrimination Act (GINA), legislation that I authored to prohibit discrimination by an employer or health insurer because of a person’s genetic information.
Yesterday, I am pleased to say that the House of Representatives moved one step closer to enacting this much needed federal legislation.
GINA was included as part of the Paul Wellstone Mental Health and Addiction Equity Act of 2007 (H.R. 1424), a bill named after the late Minnesota Senator Paul Wellstone that provides for equity in the coverage of mental health and substance-related disorders identical to coverage for medical and surgical disorders.
Given that most mental health diseases are genetically linked, GINA is a natural addition to a bill bringing parity to the treatment of mental illness.
The House version of H.R. 1424, sponsored by long time mental health advocate Representative Patrick Kennedy, passed with an overwhelming bipartisan vote of 268-148.
So what is GINA all about? Why is it important?
We live in a dynamic age of rapid scientific discovery and technological growth.
Since the sequencing of the human genome was completed in April of 2003, researchers have identified genetic markers for a variety of chronic health conditions, increasing the possibility for early treatment and prevention of numerous diseases.
To give you an idea of the potential that exists, consider that a genetic test can tell a woman with a family history of breast cancer if she has the genetic mutation that can cause it long before the cancer develops. With this information, an individual could enroll in clinical trials and further scientific research. And they could make very important decisions on when to engage in preventative care or seek early treatment.
This would not only improve the individual’s health and quality of life, but dramatically reduce the cost of health care, which has spiraled out of control.
Unfortunately, ongoing genetic discrimination, as reported in a recent New York Times article, is making men and women less likely to be tested and hesitant to participate in the clinical trials that will lead to the medical breakthroughs of the twenty-first century.
To help alleviate people’s fears, the Genetic Information Nondiscrimination Act puts the necessary protections in place to prohibit the improper use of genetic information. GINA prohibits health insurers from canceling, denying, refusing to renew, or changing the terms or premiums of coverage based on genetic information. It also bars employers from using one’s genetic information when making hiring, firing, job placement or promotion decisions.
It is just plain common sense. Health insurance companies and employers should not use potentially life-saving information as a tool of discrimination.
So, why was yesterday so significant?
Because Oklahoma Senator Tom Coburn (R) has single-handedly been able to put a hold on GINA and not allow its consideration by the Senate. However, since the House passed GINA as a part of the Paul Wellstone Mental Health and Addiction Equity Act of 2007, Americans might finally get the protections they deserve, and incidentally already afforded to Representatives and Senators under the Federal Employees Health Benefits Program.
Here’s why:
Constitutionally, all legislation must first be approved by the House of Representatives and the Senate before it can be sent to the President to be enacted into law.
Many times the two chambers pass bills that are similar, but not identical to one another, and therefore the differences must be reconciled.
This is the case for the mental health bill that was passed by the House yesterday and the similar but not identical one that already passed in the Senate but does not include GINA because of Senator Coburn’s hold.
There are a couple ways for the House and Senate to vote on an identical version of a bill before sending it to the President. One option is to “ping pong†the bill between the two chambers, each chamber making changes until both pass an identical bill.
The other option is to conference the two versions of the bill. A conference committee, consisting of a small group of House and Senate lawmakers, comes together to hammer out the differences between the two pieces of legislation. Because a conference report is considered a highly privileged matter in the Senate, it is harder for a single Senator to delay its consideration.
For far too long, Senator Tom Coburn, who voted for GINA in 2005, has been able to use the rules of the Senate to block a bill that received unanimous support in the Senate during the 108th and 109th Congresses. This bill has enjoyed wide bipartisan support, including 224 Republican and Democratic cosponsors. It passed in the House of Representatives by a vote of 420-3 last April. Even the White House has sent three letters in support of the legislation.
It is not acceptable for widely popular legislation to continue to be held hostage by a single ideologue who refuses to acknowledge the realities associated with the progress of science and medicine.
The Genetic Information Nondiscrimination Act guarantees that Americans have the right to access and act on valuable genetic information without fear of losing their job or health insurance.
Given yesterday’s vote in the House, I am hopeful that we are on the right track to getting this important piece of legislation through the process and finally enacted into law. Americans have had to wait for thirteen long years. They should not have to wait any longer.
Related posts:
Given that most mental health diseases are genetically linked,
While this Act is great news, it is statements like this (italicized above) that we are fighting against. Mental health diseases stem from a complex combination of genes, the environment, stress, drug abuse, etc.
read this excerpt from http://www.medicine.net (bold mine):
What Causes Mental Illness?
Although the exact cause of most mental illnesses is not known, it is becoming clear through research that many of these conditions are caused by a combination of genetic, biological, psychological and environmental factors. One thing is for sureâ€â€Âmental illness is not the result of personal weakness or a character defect, and recovery from a mental illness is not simply a matter of will and self-discipline.
* Heredity (genetics): Many mental illnesses run in families, suggesting that the illnesses may be passed on from parents to children through genes. Genes contain instructions for the function of each cell in the body and are responsible for how we look, act, think, etc. But, just because your mother or father may have a mental illness doesn’t mean you will have one. Hereditary just means that you are more likely to get the condition than if you didn’t have an affected family member. Experts believe that many mental conditions are linked to problems in multiple genesâ€â€Ânot just one, as with many diseasesâ€â€Âwhich is why a person inherits a susceptibility to a mental disorder, but doesn’t always develop the condition. The disorder itself occurs from the interaction of these genes and other factorsâ€â€Âsuch as psychological trauma and environmental stressorsâ€â€Âwhich can influence, or trigger, the illness in a person who has inherited a susceptibility to it.
* Biology: Some mental illnesses have been linked to an abnormal balance of special chemicals in the brain called neurotransmitters. Neurotransmitters help nerve cells in the brain communicate with each other. If these chemicals are out of balance or are not working properly, messages may not make it through the brain correctly, leading to symptoms of mental illness. In addition, defects in or injury to certain areas of the brain also have been linked to some mental conditions.
* Psychological trauma: Some mental illnesses may be triggered by psychological trauma suffered as a child, such as severe emotional, physical or sexual abuse; a significant early loss, such as the loss of a parent; and neglect.
* Environmental stressors: Certain stressorsâ€â€Âsuch as a death or divorce, a dysfunctional family life, changing jobs or schools and substance abuseâ€â€Âcan trigger a disorder in a person who may be at risk for developing a mental illness.
This has been a long-fought battle for Louise, and one of the things I’ve admired about her despite other disagreements. It’s not a sexy issue that attracts a lot of voters, but it’s the right thing to do, it’s a forward thinking thing to do, and Mrs. Slaughter has been on the forefront in Congress. Kudos are well deserved.