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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.