May 11, 2015

Insurance companies wish to have access to customers' genetic testing in Denmark - What is legal? May 11, 2015





It should be possible for insurers to check potential customers genetic tests for inherited diseasestheir industry association beliefs. DR.dk


More and more danish people undergo genetic testing, and insurance companies wish access to the result......

Minister of Justice Mette Frederiksen (S) are basically critical of insurance companies access to sensitive health information, however Dept. of Justice will reconsider after Justice Department last met with representatives of the insurance industry as well as critics from the Danish Medical Association and the Consumer Council 'TÆNK' in January to discuss the issue...
- Insurance companies should not have access to more health information than is strictly necessary to offer citizens insurance on reasonable terms......  
  
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What is legal? The law on patient rights


How is the genetic testing of minors regulated? At what age is an individual considered adult, and capable of giving informed consent?
Under what circumstances can medical secrecy be broken?
Is it legal for insurance companies to have access to the results of genetic tests?
Is it legal for insurance companies to have access to other medical records?

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Denmark
Genetic testing is not specifically regulated in Denmark. Genetic testing can be done so long as the law on patient rights (Lov om patienters retsstilling) from 1998 and the law on practising doctors work (Lov om udøvelse af lægegerning ) from 2001 are followed.

The law on patient rights states, that a patient, who is 15 years old, can give informed consent for treatment. However, the parents have to be informed and involved in the decision of the minor until the patient is 18 years old. In some cases the parents can give informed consent. That is if the doctor finds that the 15-17 year old patient has made a decision without having fully understood the consequences.

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1. Genetic testing, New Scientist - gmwatch

The UK is uniquely permissive in its use of genetic test results for assessing insurance cover, leaving a "strong potential for improper use"
http://www.newscientist.com/dailynews/news.jsp?id=ns9999402

The UK is uniquely permissive in its use of genetic test results for assessing insurance cover, says a report, leaving a "strong potential for improper use". The British insurance industry's use of tests has also been harshly criticised by politicians.

Companies are expected to abide by a voluntary code, which allows them to hike premiums or refuse cover on the basis of certain genetic tests.

Several countries, including Norway, Sweden, Denmark and Austria, ban the use of genetic tests by insurers. In many other countries, there is legislation to ensure that no one is refused cover on the basis of their test results.

"The UK stands alone in its position towards insurers," says Anna Dixon of the London School of Economics, one of the report's authors......