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85 Ky. L.J. 503 (1996-1997)
Solving the Insurance/Genetic Fair/Unfair Discrimination Dilemma in Light of the Human Genome Project

handle is hein.journals/kentlj85 and id is 513 raw text is: KENTUCKY
LAW JOURNAL

VOLUME 85                        1996-97                       NUMBER 3
ARTICLES
Solving the Insurance/Genetic
Fair/Unfair Discrimination Dilemma
in Light of the Human Genome Project
BY ERic MILLS HOLMES*
TABLE OF CONTENTS
INTRODUCTION    ................................ 506
I.   THE HUMAN GENOME PROJECT....................... 517
* Professor of Law, Appalachian School of Law, Grundy, Virginia 24614.
J.S.D., LL.M., Columbia University; J.D., University of North Carolina; A.B., Duke
University. National Insurance Expert/Consultant and Author/Editor of the multi-
volume treatise, Holmes's Appleman on Insurance, 2d. Member, The American Law
Institute. Grateful thanks to McGeorge law students Gustavo Matheus and Sarah
Morgan for their initial research and to Joseph Lowe for the science lesson.
The basic dilemma thoroughly explored by this Article has been recognized for
several years. See, eg., T.H. Cushing, Should There Be Genetic Testing in Insurance
Risk Classification? Arguments Both for andAgainst the Use ofthis New Technology
May Be 'Right,  and Some Form of Universal Health Care May Be the Result, 60
DEF. COUNS. J. 249, 252 (1993). This Article represents an in-depth analysis of the
insurance/genetics dilemma in light of recent state and federal legislation.

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