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President Bush Signs Genetic Nondiscrimination Act
artemis67 writes "This past week, President Bush signed the Genetic Information Nondiscrimination Act (GINA), which would prevent health insurers and employers from discriminating against individuals on the basis of their genetic information. GINA is the first and only federal legislation that will provide protections against discrimination based on an individual's genetic information in health insurance coverage and employment settings.'"
From the article: "Just a few weeks ago, GINA received overwhelming support in both the Senate, with a unanimous vote of approval, and the House of Representatives, where the legislation was passed by a landslide vote of 414-1."
Who was the one who voted against this?
"I must applaud President Bush for being foresighted enough to pass this legislation"
Personally I would hold the applause until you actually read the act. 99 times out of a 100 the bill name means nothing about the content.
Having a quick look at thomas.loc.gov it looks like the bill is [H.R.493]. Reading some bits...
While you can't discriminate based on genetic material the section 210 states that if the information is found by any other means it is permissible (even if it is a genetic related issue). So this for the most part will have no effect on Medical Insurance companies.
For example if one of my parents suffered from a genetic disease then they could discriminate against me based on that information and not on actually checking if I have the genetic markers or not.
Section 103 seems to mention that if a health company came by your genetic information via another source (3rd party) then it is permissible to use it.
Also there is mention of Genetic testing IS NOT..
"an analysis of proteins or metabolites that is directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved."
So, IANAL or biologist but even casual reading there appears to be loads of outs for private medical companies.
Before you start accusing George Bush of sanity, I suggest you read the signing statement that almost certainly accompanies this new law.
This week, in Federal Court, the Bush Administration has asserted that the AUMF (the bill congress passed to give him permission to invade Iraq) also gives him the right to have the military (that's military, not police) have the right to arrest a US citizen on US soil and hold him indefinitely as an enemy combatant.
Now the Bush administration has asserted this right before, but because of inherent executive powers, which while being insane is at least consistent. But now, he's asserting these military-police dictatorial powers come from a bill passed by congress authorizing a foreign invasion.
This is astonishing, but frankly, I'm too disturbed by this new development to be astonished.
So before you start giving Bush a thumbs-up for some genetic anti-discrimination law, and start feeling comfortable that you will hang on to some shred of personal liberty, you might want to keep in mind that he's now asserting complete dictatorial powers and he could give a good god damn about the Constitution or any bill he has signed, because when it comes right down to it, he's now calling the shots and it's going to take more than some silly little election, or court, or congress to change things.
You are welcome on my lawn.
Injecting, inhaling, coating yourself in, and/or swallowing something that makes you addicted to a substance does not constitute a disease. I believe, though I don't really care enough to look (for fear I'm probably wrong anyway), that the AMA called the addiction itself a disease, simply because being deprived of the addictive substance affects your body adversely.
Aside from that (and this is a stretch, but people with shiny hatwear will appreciate it), the FDA will not allow the sale of patches, pills or other methods to curb smoking habits as medical devices unless they can be used to cure a disease. It's the same thing that Kevin Trudeau guy got in trouble for. Only medicines can cure diseases, and only the FDA can approve medicines. So, unless it's a disease, these things cannot be marketed as cures, and the only way they can be marketed as cures is if the FDA approves them as medicines. How much money do you think is wrapped up in stop-smoking products?
An addiction to masturbation is quite the same way. As I'm sure many people here can attest to, without "getting the poison out," a person can be caused pain, become irritable, lose sleep, perform poorly at work or sports, can acquire jitters or shakes, and various other things that would be the same for a person who hasn't puffed on their death stick. Does that mean that I should get a fifteen minute spank break every two hours at work?
Cigarettes, alcohol, drugs, gambling, sex, MMOs, and many many other things that are considered addictions are not. They are merely a weakness of character. If they are actually addictions, then I should get my UFC tickets to be covered by my insurance, because I'm certainly ADDICTED to that.