Landmark Genetic Test Protection Gains Massive Support

The federal government’s recent move to prohibit the usage of genetic test outcomes in life insurance underwriting has garnered substantial endorsement from various sectors.

Prominent support has come from the Council of Australian Life Insurers alongside professionals from the medical and legal fields.

Michelle James, the national president of the Australian Lawyers Alliance, applauded the ban announced by Financial Services Minister Stephen Jones, saying it represents “great news” for consumers.

Historically, the life insurance sector regulated itself through a moratorium started in 2019, which addressed concerns that individuals might avoid genetic testing due to fear that unfavorable results could impact their ability to secure affordable life insurance.

This moratorium was indefinitely extended under revisions to the industry’s code of practice in July of last year. However, it stopped short of a complete prohibition. For example, the moratorium allowed insurers to use genetic test results if an individual's total lump sum death coverage exceeded $500,000.

According to Ms. James, “The life insurance industry’s partial, self-regulated moratorium on using genetic results has not sufficiently protected consumers. Hence, legislating to prohibit insurers from using genetic test results in life underwriting is essential.” She emphasized that this development ensures individuals can make choices about genetic testing without worrying about insurance repercussions.

Steve Robson, president of the Australian Medical Association, underscored the significant positive impact of this policy change on both consumers and the health system. He stated, “We know that the fear of being denied insurance coverage has been a major deterrent for Australians who might benefit from genetic testing.”

The decision for a legislative ban followed a Treasury consultation earlier this year, wherein three potential strategies were suggested: maintaining the status quo, enforcing a complete or partial ban, or instituting financial thresholds for insurance companies regarding the use of genetic test results.

Christine Cupitt, CEO of the Council of Australian Life Insurers, commented on the consultations, expressing the group's consistent stance on the necessity for stringent regulations to prevent anyone from avoiding genetic tests out of fear. “We have long been clear about the need for strict regulation to ensure no one is deterred from taking a genetic test to proactively manage their health,” she said.

Minister Jones' announcement of this landmark prohibition signals a significant turning point in ensuring that Australians can pursue genetic testing crucial for their health without the looming threat of insurance discrimination based on their genetic information.

Published:Tuesday, 17th Sep 2024
Source: Paige Estritori

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Incontestability Clause:
A provision in a life insurance policy that prevents the insurer from voiding coverage due to a misstatement by the insured after a certain period.

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