Let me also congratulate the authors of the bill and the fine work that they have done. We have had a hearing in Energy and Commerce, where I serve, but I thought I would just follow up a little bit on what the gentleman from Louisiana…
Let me also congratulate the authors of the bill and the fine work that they have done. We have had a hearing in Energy and Commerce, where I serve, but I thought I would just follow up a little bit on what the gentleman from Louisiana talked about, a little bit about the preemption.
Madam Speaker, I think almost everybody in this House is for genetic protection from genetic discrimination. There have been many bills over the years that Ms. Slaughter has worked on. I think she indicated she has worked on it for 12 years. I compliment her on her perseverance. Sometimes it takes that kind of conscientiousness to get anything accomplished here. The fact we are able to get this today is a success story. In fact, the President has indicated, I think nationally, that he would like to sign this bill. So it is on a fast track, and I am sure that we won't have any trouble in the suspension passing it.
But one significant concern that I bring to the attention of my colleagues is a Federal preemption. I mention this as perhaps, as the Senate and the House come together, they can solve this problem. So I will continue to talk about it.
According to CBO, the bill would ``preempt some State laws that establish confidentiality standards for genetic information, and would restrict how State and local governments use such information in employment practices and in the provision of health care to employees.'' This bill will create, I think, a little bit of a problem, the confusion in about the 42 States that currently have laws prohibiting discrimination based upon genetic information.
For example, my home State of Florida is very strong with clear definitions. If we superimpose this bill, it would create a lot of confusion, I think, in my State of Florida. Many exemptions occur, HIV testing, drug
testing, forensic analysis, routine blood tests for current health would be negated. Even more frustrating for the regulated, the operative Federal-State relationship rule is whatever part of a State law is more stringent survives. The question is, who decides when that occurs? The courts? I think that is a question the Senate should look at.
There are better approaches, but partial preemption is what we see here. I think it should be changed. Maybe the answer is across-the- board preemption, and that is what I am recommending, or maybe allow States to apply for an exemption. I believe Florida and other States are substantially meeting this policy.
In any event, some Federal agency should at least adjudicate so that the regulated community is not subject to uncertainty, fines, ultimately litigation. So I asked this same question when we had the markup in Energy and Commerce.
So I asked during our Energy markup on March 23 about this to the staff. At that time, it was difficult to understand what their answer was. I followed up on March 27 with a letter to Chairman Dingell, signed along with a Health Subcommittee ranking member Nathan Deal. We have not at this point received a reply to this letter, and I just urge that somehow in the conference on this bill that we try to answer that question.
Finally, 11 Energy and Commerce Republicans signed our views to the energy report, which, Madam Speaker, I make part of the Record, and I support the intention of this legislation. It's good. I congratulate everybody, but I would like to see a preemption and other clear issues worked out in conference.
I support protection from genetic discrimination, so much so I have offered my own bills in prior Congresses. However, this bill has, some problems I would like resolved.
(For the record: Many people have been remarking that we have been working for over a dozen years on legislation to safeguard individuals from discrimination against due to their genetic profile when they seek to purchase health insurance or employment.
Well, I count myself among those waiting. For, in 1995, I was proud to be named the first Chair of the Congressional Task Force on Medical Records and Genetics, by then Commerce Committee Chairman Bliley. Congressman Gene Green (Committee Democrat) was my Co-chair, and together we held many meetings and hearings with witnesses from the genetics community, including insurance companies, the biotech and pharmaceutical industries, and patient advocates. Indeed, one of my proudest legislative achievements came in the Health Insurance Portability and Accountability Act of 1996 (HIPAA). In the Commerce Committee markup of HIPAA, I was successful in adding two words to the list of protections: ``genetic information.'' It survived and is in the HIPAA law today.
And, I have continued my engagement, authoring bills in the last several Congresses to prohibit genetic nondiscrimination in health insurance.)
One significant concern is the lack of clarity over federal pre- emption. According to CBO, the bill would ``preempt some state laws that establish confidentiality standards for generic information, and would restrict how state and local governments use such information in employment practices and in the provision of health care to employees.'' GINA will create confusion for the 43 states that currently have laws prohibiting discrimination based on genetic information.
Florida's law, for example, is very strong, with clear definitions. If we superimpose GINA it will create a lot of confusion. Many exemptions--HIV testing, drug testing, forensic analysis, routine blood tests for current health--would be negated. Even more frustrating for the regulated, the operative Federal-state relationship rule is whatever part of a state law is more stringent survives. And who will decide? The courts.
There are better approaches, but partial preemption is unsatisfactory. Maybe the answer is across the board preemption. Or, maybe allow states to apply for an exemption. I believe Florida and other States are substantially meeting the policy. In any event, some Federal agency should at least adjudicate so that the regulated community is not subject to uncertainty, fines, or litigation.
I asked this in the Energy and Commerce markup March 23. And, I followed up on March 27 with a letter to Chairman Dingell, signed along with Health Subcommittee Ranking Member Nathan Deal--a response to which has not arrived. Finally, eleven Energy & Commerce Republicans signed Additional Views to our Committee Report, which I resubmit for the Record.
Again, I support the intention of this legislation, but would like to see pre-emption and other unclear issues worked out in conference.
Gina Will Create Confusion for the 43 States That Currently Have Laws
Prohibiting Discrimination Based on Genetic Information
We have not done a complete survey but understand that 43
States already have programs and definitions. We would then
want to ask Members if they find the programs in their state
inadequate. If you were to superimpose the GINA requirements
on those states it will involve a lot of confusion. Many
exemptions and clear statements regarding HIV testing, drug
testing, and other issues would appear to be wiped out. Even
more frustrating for the regulatory community the operative
Federal-state relationship rule is whatever part of a state
law is more stringent survives. This means pieces of state
law will apply while other pieces will be preempted. This
would all have to be sorted out by the courts. We think there
are better approaches. The worst approach is this partial
preemption approach. For some programs there is across the
board preemption. In other cases, a state is allowed to
submit its program for evaluation as a whole. If such
programs are adequate or substantially promoting the policy,
they would stay intact. We believe our States are
substantially meeting the policy and do not see the need for
disruption. In any event, some Federal agency should at least
sort out what law applies in advance so that the regulated
community is not held hostage to more lawyers and
uncertainty. Joe Barton. Nathan Deal. Michael Burgess. Steve
Buyer. Barbara Cubin. Mike Rogers. John Shadegg. Cliff
Stearns. Lee Terry. Heather Wilson. Tim Murphy.