CHICAGO | A new state law strengthens protections against discrimination based on the results of sophisticated genetic tests that can pinpoint someone's risk of disease. The law brings Illinois in line with federal law, and in some instances, surpasses it.
Advocates hope the law will offer peace of mind to people who might otherwise be dissuaded from undergoing such tests because they fear repercussions from their employer or health insurer.
"We don't want people to lose out," said state Rep. Kathy Ryg, D-Vernon Hills.
Genetic testing, which can show a person's risk for cancer, heart disease and other ailments, can lead to lifesaving treatment, but some people won't get the tests because they fear the information will be used against them.
Illinois has had a genetic nondiscrimination law for about a decade, but updates to it signed this week by Gov. Rod Blagojevich help modernize it. President Bush signed the federal Genetic Information Nondiscrimination Act this spring, said James Ferg-Cadima, legislative counsel for the American Civil Liberties Union of Illinois.
Dozens of other states have genetic discrimination laws.
The federal law prohibits health insurance companies from using genetic information to set premiums or determine enrollment eligibility. And employers can't use genetic information in hiring, firing or promotion decisions.
In some areas, the Illinois law surpasses the federal mandate, including that it covers all employers and doesn't exempt some small ones, Ferg-Cadima said. It also covers some civil servants not currently covered by federal law, he said.
"It provides an additional assurance that an employer or an insurance company won't be able to use your genetic information against you in making a hiring or firing or coverage decision," said ACLU of Illinois spokesman Ed Yohnka.
A national association of health insurance plans supported the genetic nondiscrimination act on the federal level because genetic testing can help determine the best course of treatment for patients, said Robert Zirkelbach, a spokesman for the group.
Members of America's Health Insurance Plans -- a group that represents about 1,300 health insurance plans covering more than 200 million Americans -- don't use genetic information in underwriting or coverage decisions, Zirkelbach said.
"It's really important that consumers understand that, and that they have peace of mind," he said.
The legislation Blagojevich signed is effective Jan. 1.
