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40 Jurimetrics 123 (1999-2000)
Understanding Prohibitions against Genetic Discrimination in Insurance

handle is hein.journals/juraba40 and id is 135 raw text is: UNDERSTANDING PROHIBITIONS AGAINST GENETIC DISCRIMINATION IN INSURANCE Kenneth S. Abraham' ABSTRACT: The justification for laws prohibiting genetic discrimination in health insurance is not at all clear. Neither privacy protection, the distinctive features of health insurance, nor the distinction between presymptomatic genetic tendencies and actually manifested disease provide a justification, although certain practical considerations may justify these laws. CITATION: Kenneth S. Abraham, Understanding Prohibitions Against Genetic Discrimination in Insurance, 40 Jurimetrics J. 123-128 (1999). Laws prohibiting or regulating genetic discrimination in insurance are relatively new to the legal scene. Like much legislation directed at recently identified issues, some of these laws have a ready, shoot, aim character. Professor Mark Hall's study of recent legislation prohibiting genetic discrimina- tion in health insurance indicates that many of the affected parties regard such legislation as unnecessary, irrelevant, or both.' Hall's paper reveals how laws against using genetic information have affected the health insurance field and how extra-legal norms and self-interest seem to have influenced behavior far more powerfully. This comment addresses three issues that Hall's study has stimulated me to consider. First, for the purpose of this symposium, it is useful to understand how *Kenneth S. Abraham is Class of 1962 Professor of Law and Albert C. Tate, Jr. Research Professor, University of Virginia School of Law. 1. See Mark A. Hall, Legal Rules and Industry Norms: The Impact of Laws Restricting Health Insurers' Use of Genetic Information, 40 JURIMETRICS J. 93 (1999). FALL 1999