Answer 2 for DNP 810 There are several issues that undermine clients’ rights to make genetic and genomic-related decisions and then take action

GINA, otherwise recognized as “The Genetic Information Nondiscrimination Act,” is an anti-discrimination law that exempts privacy-related involvement (Tenenbaum & Goodman, 2017). Moreover, this specific act is a preventative measure for both Medicare supplemental plans and group health. However, this act excludes life, disability, or long-term care plans—from using genetic information to discriminate against you regarding insurance (Tenenbaum & Goodman, 2017). In addition, title II of GINA prohibits using genetic information to discriminate in employment decisions, such as hiring, firing, and promoting (Tenenbaum & Goodman, 2017). An Executive Order accompanying GINA acts as a prohibitive measure concerning federal government agencies, which obstructs their ability to obtain gene-related information on either job applicants or employees and utilize similar information for hiring and promotion decisions (Tenenbaum & Goodman, 2017).

In 2013, HIPAA regulations were amended through the HIPAA Omnibus Rule, enabling the inclusion of genetic information in the definition of Protected Health Information (PHI) (Evans & Jarvik, 2015). Moreover, this specified rule serves as a preventive measure for employing that data for other variants regarding the plan of medical care but not for a long or otherwise lifetime duration (Evans & Jarvik, 2015).

As an advocate, it is essential to increase awareness of genetic testing, awareness of genetic nondiscrimination laws, concern about genetic discrimination in determining life insurance eligibility and cost, and the perceived importance of genetic nondiscrimination laws that address life insurance (Parkman et al., 2015). Continued dialogue regarding how GINA protects the privacy of and guards against the misuse of genetic information obtained through research (Parkman et al., 2015). The law reassures research participants that they can volunteer for studies without it harming their job or health insurance. The growing concern about employers needing to obtain or disclose genetic information about employees or potential employees under most circumstances. Genetic testing and employers’ use of genetic information should be permitted in the following situations to ensure workplace safety and health and preserve research opportunities (Parkman et al., 2015). California Governor Gavin Newsom signed the Genetic Information Privacy Act (GIPA) into law recently, which went to effect in January. The law requires genetic testing companies to be transparent about data collection practices regarding genetic data and obtain written consent from individuals to use the data (Parkman et al., 2015).

References

Evans, B. J., & Jarvik, G. P. (2018). Impact of HIPAA’s minimum necessary standard on genomic data sharing. Genetics in Medicine, 20(5), 531-535.

Parkman, A. A., Foland, J., Anderson, B., Duquette, D., Sobotka, H., Lynn, M., … & Cox, S. L. (2015). Public awareness of genetic nondiscrimination laws in four states and the perceived importance of life insurance protections. Journal of genetic counseling, 24(3), 512-521.