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22 DePaul J. Health Care L. 1 (2021)

handle is hein.journals/dephcl22 and id is 1 raw text is: The Problems with Patchwork: State Approaches to Regulating Insurer Use of Genetic Information Jarrod O. Anderson', Anna C.F. Lewis2, Anya E.R. Prince The growing availability of genetic testing in the clinical, research, and direct-to-consumer realms has caused people to fear that they will be discriminated against for their genes. In response, Congress passed the Genetic Information Nondiscrimination Act (GINA), which prohibits the use of genetic information in much of health insurance and employment. Importantly, this prohibition does not apply to life, long-term care, and disability insurance. While these lines of insurance are not federally prohibited from using an individual's genetic information, several states do regulate use of genetic information in these insurance lines. This paper presents a comprehensive 50-state survey on regulation of how life, long-term care, and disability insurers can use genetic information. Overall, it shows that the use of genetic information in these lines of insurance is still relatively unregulated and that the divergent strategies adopted across states are both weak and problematic. Consistent and even regulation, whether from the federal government or through model legislation, is needed to adequately protect insurers and families alike. 1 Juris Doctor, University of Iowa College of Law. 2 Research Associate, E.J. Safra Center for Ethics, Harvard University. 3 Associate Professor, University of Iowa College of Law. Research reported in this publication was supported by the National Human Genome Research Institute of the National Institutes of Health under Award Number ROOHG008819. The content is solely the responsibility of the authors and does not necessarily represent the official views of the National Institutes of Health. The authors acknowledge the work of the students in Professor Prince's Fall 2018 Insurance Law course at the University of Iowa College of Law who contributed to the initial locating and comparing of state statutes and insurance regulations. The students in the insurance law class who contributed to underlying state data are Jarrod Anderson, Joao Castro, Chandler Elliott-Fehle, Nicci Coulter-Ledbetter, Elizabeth Davidson, Sarah Haack, Bryn Hedlund, Jung Min Kang, Benjamin Kramer, Libby Martzahn, Maxwell McDaniel, Bernadette Nelson, Will O'Brien, Olayinka Ope, Famatta Passawe, Matthew Roth, Elizabeth Vandenberg, and Mary Grace Warren. (Permission was received from all students to share their names in publication.) 1

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