Legislation Insurability fears have led at least 38 states to pass legislation to protect consumers. Medical researchers and groups representing diseases such as breast cancer are driving the legislation, said Roberta Meyer, senior counsel risk classification of the American Council of Life Insurers. And although the federal Health Insurance Portability Act forbids health insurers from using results to determine group eligibility, the public doesn't think these restrictions have covered enough. Added protection was included in the proposed federal Patient's Bill of Rights, said Dean Rosen, senior vice president of policy and assistant counsel of the Health Insurance Association of America. However, that legislation was not acted on this year.
Definitions vary by state.
Zimmerman said definitions that include proteins and metabolites are viewed as problematic by the life insurance industry, because such definitions include routine tests such as cholesterol screening. The industry advocates the use of a definition that can't be construed to include routine medical tests that are widely used in clinical practice. For that reason, Zimmerman said the industry prefers a definition that would include only tests of human DNA or RNA or chromosomes performed to detect the presence or absence of mutations that are associated with inherited diseases or conditions. Graham sees the life insurance industry as responsible for the many legislative proposals. New Products A solution to the antiselection might be to design new products, said David Christianson, vice president of insurance services of Lutheran Brotherhood, Minneapolis, and the chairman of the American Academy of Actuaries' Genetic Testing Task Force.