Does the Law Protect Against Misuse of DNA-Based Tests?
Jeroo Kotval, Anthony Clarizia, and Patricia Salkin School of Public Health; University of New York at Albany; One University Place; Rensselaer, NY 12144-3456 518/402-0301, Fax: -0414, jkotval@eve.albany.edu, jsk03@health.state.ny.us The rise of managed care as the primary method of healthcare delivery raises new concerns regarding the misuse of confidential medical information especially the misuse of DNA-based tests that predict the likelihood of late-onset, high-cost disorders. We have surveyed state and federal law related to protection of medical confidentiality and find several gaps in the legal framework intended to protect individuals from misuse of their genetic information in the managed-care setting. These gaps stem primarily from reliance on a patchwork of state laws, regulations, and case law to protect confidential medical information through professional licensure laws, medical malpractice laws and regulations, and by direct protection of an ill-defined entity: the medic
