Policy & Law in Wisconsin

In 2008, President Bush signed into law a genetic nondiscrimination bill called the Genetic Information Nondiscrimination Act (GINA). It prohibits genetic information from being used as a means of discrimination for employment and health insurance. By law, health insurance providers cannot use genetic information to prevent enrollment, exercise group premium discrimination, or require genetic testing. Employers cannot use genetic information to discriminate against its employees or as a basis for firing an employee. Genetic information is treated as part of an individual’s confidential medical record.

Wisconsin has established several state laws and policies regarding the collection and use of genetic information to expand upon and supplement federal law. The aim of each is to promote the health and protect the privacy of all Wisconsin citizens. Links to information about these laws and policies can be found below:

Wisconsin State Statute 253.13 – Commonly known as the “newborn screening statute,” this requires that all babies born in the state of Wisconsin are screened for certain conditions before leaving the hospital. These conditions are sometimes called “hidden disorders” since they are difficult or impossible to diagnose just by looking at a baby. If a baby is identified as having a “hidden disorder” by the screening process, treatment can be provided to lessen or even prevent symptoms. More information is available at the Newborn Screening website.

Wisconsin State Statute 253.12 – By order of this statute, a Birth Defects Registry was created. The Registry allows birth defects to be reported confidentially by health care providers with parent consent. This information can then be used to identify birth defects risk factors, decrease the incidence of birth defects, and facilitate service provision to the families of children with birth defects. More information is available at the Birth Defects Prevention and Surveillance System website.

Wisconsin State Statute 111.372 - This statute discusses the use of genetic testing in employment situations. By law, genetic discrimination in hiring, firing, or setting conditions and terms of employment is prohibited. Employers are also prohibited from requiring or requesting a genetic information test, or performing a genetic test. The statue also outlines penalties for genetic discrimination in employment.

Wisconsin State Statute 631.89 - By this statute, health insurers are prohibited from requiring genetic testing or using genetic tests or genetic information to discriminate.
Wisconsin State Statute 632.746 (2)(a) - This statute prohibits providers of group health insurance from using a genetic test result or other genetic information as a basis for a “preexisting condition,” unless a specific diagnosis has been made.

Wisconsin State Statute 632.748 (1)(a)(6) - By this provision, group health insurers are prohibited from using genetic information as a basis for discrimination in enrollment.

For more information about genetic state law and policy, contact the Statewide Genetics Coordinator at 608-267-7148.