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Sweeping Reform
Healthcare providers face substantial legal challenges under new the Affordable Care Act. Sweeping
reforms have created a demand for healthcare law specialists. As a result, the specialty currently
represents the fastest growing law practice in the United States. The health law field presently exists
at the precipice of enormous change. Care providers must manage the legal implications that come
with networked electronic health records (EHRs) and payment based on patient outcomes. Problems
also arise due to patients travelling solely for specialized treatment and growing pains attributable to
newly merged and acquired healthcare organizations. These factors and more contribute to
increasing litigation involving fraud, insurance disbursements ... Show more content on
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The law also exposes offenders to civil repercussions such as False Claims Act culpability and up to
$50,000 per offense. Legislators have made limited exceptions to this rule called "voluntary safe
harbors." The Health Information Technology for Economic and Clinical Health (HITECH) Act
Legislators created the Health Information Technology for Economic and Clinical Health Act to
promote effective technology implementation among care providers. [4] In part, the act addresses
privacy and security of electronic health records. The act also reinforces parts of the civil and
criminal sections of the Health Insurance Portability and Accountability Act (HIPAA). The act
outlines four liability levels, each with increased punitive responses. The minimum penalty
increases greatly between each level, with the maximum recourse amounting to one and a half
million dollars. Offenders that violate the law unknowingly initially receive the lowest fine and the
opportunity to correct the offense in 30–days to avoid fines altogether. The Genetic Information
Nondiscrimination Act of
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Dna Database
For over a decade, there has been a controversial issue dealing with building a national DNA
database. This issue has been brought up over the discussion of the actual database and what kinds
of effects will come out of it, if it actually happens to go through. Some people think the database
will be a force in crime fighting. Others think it is a violation of civil liberties. In the early 1900s,
"fingerprinting," a new crime–fighting database, was developed. With the exception of identical
twins, no two people have the same fingerprints. Every person who was arrested was fingerprinted,
and those fingerprints were inserted into the FBI computer database. This database holds over 40
million fingerprints and this system is still used ... Show more content on Helpwriting.net ...
On April 24, 2008, President George W. Bush did in fact sign into Congress the bills of the Newborn
Screening Saves Lives Act of 2007 and the Genetic Information Nondiscrimination Act of 2008
(Alston). Congressman Ron Paul (R) stated that the Newborn Screening bill is the first step towards
the establishment of a national DNA database, and is justified as a "national contingency plan."
However, surprisingly, he strongly opposed the bill in the first place. He insisted it threatened the
liberties of Americans and told Congress "the federal government lacks both the constitutional
authority and the competence to develop a newborn screening program adequate for a nation as
large and diverse as the United States" (Floyd). "Those of us in the medical profession should be
particularly concerned about policies allowing government officials and state–favored interests to
access our medical records without our consent ... My review of S. 1858 indicates the drafters of the
legislation made no effort to ensure these newborn screening programs do not violate the privacy
rights of parents and children, in fact, by directing federal bureaucrats to create a contingency plan
for newborn screening in the event of a 'public health ' disaster, this bill may lead to further erosions
of medical privacy" (Floyd). The bill states that the federal government should "continue to carry
out, coordinate, and
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Ethical Issues of Importance to Nurses Essay
The sequencing of the human genome has a new approach to health care in regards to promotion,
maintenance, and treatment. Genetic research is defined as a new approach to a better understanding
of the genetic components of common diseases: Cancer, diabetes, stroke, and creating new gene–
based technologies for screening, prevention, diagnosis, and treatment of both rare and common
diseases. Nurses are a main aspect within the first line of care, and therefore will contribute fully in
genetic–based and genomic–based practice activities such as collecting family history, obtaining
informed consent for genetic testing, and administering gene–based therapies. Lea, D, (January 31,
2008). My paper is based on an article Genomics in the public ... Show more content on
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Genetic information can be identified at any point throughout a person's lifespan from pre–
conception until after death. In addition to heritable, biological information, family history, genetic
test results, and medical records are also sources of genetic information" (Jenkins & Lea, 2005). We
are put in a position to gather and retain information that could be utilized for a better future, but is
confidentiality involved for the sake of profiting? Ask yourself, who should have access to genetic
information? Who owns and controls it? How can families resolve conflicts when some members
want to be tested for a genetic disorder and others do not? As I stated before, Nurses will have a
critical role in advocating for the patient, educating, counseling, and supporting patients and families
who are making gene–based healthcare decisions (Cassells, Jenkins, Lea, Calzone, & Johnson,
2003). But it does raise a question of intentions. In some of the articles, I learned valuable
information about the process of the Genome project for instance. Some characteristics are reputable
and futuristically enlightening. But on the other hand, I see the project as a means of profiting in the
form of the patient. As a nurse I'm the first line to trust from the patient, what better method to get
consent to their genetic Intel. We as nurses have a relationship built on
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Genetic Information Nondiscrimination Act : Overview,...
Running head: GENETIC INFORMATION NONDISCRIMINATION ACT: OVERVIEW
Genetic Information Nondiscrimination Act: Overview, Success and Future Concerns
Arunima Raghav
Touro College Abstract
As the number and availability of various genetic tests have grown, so too has a fear among
Americans that their genetic information may be used for purposes other than curing or preventing
diseases. This paper looks at the law Genetic Information Nondiscrimination Act passed in 2008 and
how it influences the workplace and the health insurance practices. GENETIC INFORMATION
NONDISCRIMINATION ACT: OVERVIEW
The Genetic Information Nondiscrimination Act of 2008 (GINA) is a federal law that protects
individuals from genetic discrimination in health insurance and employment or employer–sponsored
group health plans contained in the federal Health Insurance Portability and Accountability Act of
1996 (HIPAA) . On May 21, 2008 GINA was referred to by its sponsors as the first civil rights act of
the 21st century was enacted after a 13–year struggle in Congress.
The statute is divided into three titles: Title 1, which prohibits genetic discrimination in health
insurance; Title 2, which prohibits genetic discrimination in employment ; and Title 3, which
contains miscellaneous provisions on severability and child labor protections.
Human Genome Project
The Human Genome Project was first proposed to Congress in 1990 by Department of Energy and
National Institutes of Health as a part of
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Discrimination in the Workplace Essay
Introduction
There are different types of discrimination against a job applicant or an employee. It is prohibited by
law to make biased decisions based on preconception to group of people according to a certain race,
national origin, class, sex (including pregnancy), sexual orientation, age, disabilities, genetic
information etc. All developed countries have an advanced legislation to protect job applicants and
employees against different types of discrimination in many types of work situations such as hiring,
firing, promotions, harassment, training, wages and benefits. This paper examines issues associated
with the main forms of discrimination.
We will focus on these issues using the example of the USA. There were a number of studies ...
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This act prohibits employment discrimination based on race, color, religion, sex and national origin;
2. The Equal Pay Act (EPA). This act prohibits sex–based wage discrimination;
3. The Age Discrimination in Employment Act of 1967 (ADEA). This act protects employees who
are 40 years or older;
4. Title I and Title V of the Americans with Disabilities Act of 1990 (ADA). It protects individuals
with disabilities from discrimination;
5. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). This act prohibits
discrimination based on genetic information about workers (http://www.eeoc.gov/eeoc/index.cfm,
para. 3–4).
There is a special organization in the USA (Equal Employment Opportunity Commission or EEOC)
which oversees and coordinates all federal equal employment opportunity regulations, practices and
policies. This governmental institution ensures an implementation of these laws in the U.S
(http://www.eeoc.gov/eeoc/index.cfm). One of the main functions of this organization is preventing
discrimination with the help of special technical assistant programs. Investigation of charges with
discrimination is another function of this institute. This organization also has a power to bring
charges if it found out that a case of discrimination occurred.
Age discrimination
Age discrimination is a negative attitude towards people on the grounds of their age. There is the
Age Discrimination in Employment Act (ADEA) prohibiting age
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African American History Chapter Summary
What I found interesting:
One of the things I noticed in the chapter was that slave owners would use the beliefs of African
American slaves to control them to not escape or conspire together (or the "ghosts"/night doctors
would take them for research). I found it interesting how racial tension played a major role in the
science industry.
1. Stanley Garter suggested that in the process
Of looking for new genetic markers for his research, he found out that eighteen of the most
commonly used cell cultures had all contained a rare genetic marker called glucose–6–phosphate
dehydrogenase–A (G6PD–A) which was present exclusively in African Americans. He also noted
that HeLa cells were contaminants. He also continued to say that the cells could travel ... Show more
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The genetic information nondiscrimination act of 2008 protects people from losing their health
insurance or employment due to genetic discrimination. The health insurance and portability act of
1966 (HIPAA) aids in prohibiting health insurers from being involved with genetic discrimination.
States that publishing personal information will result in fines up to $250,000 and up to 10 years in
jail.
3. The Lacks family didn't sue Victor McKusick and Susan Hsu because they didn't talk to a lawyer.
They also didn't know that anyone had done research on their DNA (nor had they known it was
published). The Lacks family could have sued on the grounds of privacy violation or lack of
informed consent if they had gone to a lawyer.
4. John Moore filed a lawsuit against UCLA researcher David Golde in 1984 because Golde had
devoted much of the seven years after taking Moore's spleen out during surgery to develope and
marketing cell line called Mo. Moore had no idea that the spleen that was taken out of him even
years ago was making a profit without his knowledge. Gold also filed for a patent on Moore's cells
(and several extremely valuable proteins those cells produces), without explaining to Moore his
plan. Golde hadn't yet sold the rights to the patent, but according to the lawsuit that Moore filed,
Golde entered into agreements with a biotech company that gave him stocks and financing worth
more than $3–5 million to "commercially develop" and "scientifically investigate" the Mo cell line.
The value estimated to be $3 billion Another result was that nothing was considered patentable until
a few years before Moore's lawsuit (in 1980) when the Supreme Court ruled on the case of Ananda
Mohan
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Human Resource Management and Regulations
HR Management and Regulations 1. Employment at Will Employment at Will law is highly relevant
to the Personnel Planning functions of Human Resources Management. Personnel Planning
sometimes involves the termination of competent and otherwise desirable employees due to
financial or organizational challenges coming from the employer's side. In at–will employment
relationship, the employer and employee agree at the outset that the employer may terminate the
employment relationship for any time at any reason. In the case of at–will employees, employers are
not required to show "good cause" for termination, meaning that they do not necessarily have to
prove that the employee did anything to deserve termination. Although at–will employment seems to
put tremendous security and leverage in the hands of the employer, the termination of an at–will
employee can invite a tremendous amount of legal trouble, particularly when the personal
relationship and communication between the employee and employer is not good. An at–will
employee who has demonstrated competent performance on the job before being terminated could
develop the belief that employer made the termination decision based on something other than job
performance or organizational issues. Although at–will employment law actually permits
termination due to simple personal dislike, it does not permit termination due to dislike based on the
employee's gender, race, color, religion, national origin, age, disability, status
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HIPPA Basics: Protecting Personal Healthcare Information
HIPPA Basics In 1996, Congress passed the Health Care Insurance Probability and Accountability
Act (HIPPA), Protecting Personal Healthcare Information. Regulations Divided into: – HIPPA
Privacy – HIPPA security Rules HIPPA is all about the security and Privacy of each patient. –
Standardize specific electronic data transactions – Protect and secure patients private healthcare
information – Simplify administration of the healthcare system, including clinics, pharmacies, health
plans, clearing houses, healthcare providers. Identifying Covered Entities Covered Entities: Are any
healthcare organization that transmits health data in electronic form, in connection with a transaction
for which HHS has adopted a standard. Defined as covered entities:
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Pros And Cons Of Genetic Research
Recent advances in biotechnology have enabled the practice of genetic testing to become more
assessable. Genetic testing holds a great number of benefits, such as early diagnosis, or personalized
treatment. Although there are some limitations and disadvantages. Genetic testing can only tell
someone so much; it doesn't indicate a definite conclusion as to if a disease will even manifest itself
or how bad the symptoms may be. Even with these limitations I believe that the benefits far
outweigh these disadvantages. In the 1970's genetic testing really took off when it was discovered
that chromosomes could be examined from extracted fetal cells (Press, 2008). Also at this time new
born screening became a norm when testing for PKU. Similarly, ... Show more content on
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I support the continuation of research working towards improving the technologies and uses of
genetic testing. Benefits include the ability to inform a patient of a predisposition to addictive
behaviors, testing could catch a disease early, such as cancer, allowing for better treatment options,
and the ability to personalize those treatments by adjusting dosage of a drug accordingly (Khoury et
al. 2006). The population as a whole would benefit from regular use of genetic testing, it could
improve the quality of life for those who will develop a disease, and could give those who may be
predisposed to a genetic disorder peace of mind. Personally I would want to know if I had a terrible
genetic disease because I could mentally prepare for the day symptoms begin. There's always a
possibility that someone has an idea on how to treat said disorder and I could participate in research
to help future generations with the same disease. Knowing would also allow me to live life freely,
without the uncertainty of whether or not I will develop symptoms. Similarly, if I did choose to have
kids I would want them tested for any preventable genetic disorders so treatment could start as early
as possible. For example, PKU is a disease that when caught early it can be treated. For example,
Khoury et al found that health risks associated with PKU could be reduced from 1 per 20,000
individuals showing severe symptoms to 0 by
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Genetic Testing in the Workplace
Genetic Testing in the Workplace Testing of one kind or another has always been very common in
the job application process, whether it's the testing of one's skill sets through an application or drug
testing. Now, through scientific advances of the Human Genome Project, a new type of testing has
become available to employers: genetic testing. This new sort of testing would detect any genetic
problems in a potential employee's DNA, including genetic predisposition for disease and possible
health concerns in the future. Genetic testing could be beneficial to companies monetarily, as it
would be a way to screen their employees for long term, damaging factors which could be expensive
for the company. The legal right to do so, however, is a ... Show more content on Helpwriting.net ...
The wariness of the American people in regard to genetic testing stems from fear of an invasion of
privacy. For many companies, the risk of emotional backlash from genetic testing is not worth the
additional information. To cause such anxiety in workers would certainly be unethical, as well as
detrimental to company morale. Many employers, however, argue that knowledge of employee
health is important to the economic well–being of the company, as well as the well–being of the
employee. There are often occupational hazards to take into consideration when hiring new
employees, and it would benefit companies to be able to see which candidates from the hiring pool
are best equipped to deal with these dangers. "390,000 workers contract disabling occupational
diseases each year; 100,000 of these workers die." (Andre). It's possible that these deaths could have
been prevented if the companies had been aware of any genetic predispositions to disease before
hiring the employee. It's true that this may mean rejecting applications based solely on a
predisposition for disease, but the long–term benefits for both employer and employee cannot be
denied. A safer work environment is beneficial to all involved, and providing increased safety is
certainly an ethical goal. This, however, opens up a pandora's box in the employment world: the fact
that genetic testing yields no assured future. Genetic testing isn't a sure thing; "genetic tests alone
cannot predict with certainty whether a
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The Dna Mystique Looks Into The Power Of The Gene
The DNA Mystique looks into the power of the gene in today's society. Dorothy Nelkin and Susan
Lindee (1995) describe the evolution of the gene as a cultural icon. Society puts a huge emphasis on
understanding everyday behavior and the "secret of life" through genetic essentialism. According to
Nelkin and Lindee genetic essentialism "reduces the self to a molecular entity, equating human
beings, in all their social, historical, and moral complexity, with their genes" (p. 337). DNA is used
as a way to define the individual's true self and understand the evolution of a person's identity.
Nelkin and Lindee discuss the intersection of science and popular culture to shape the cultural
meaning of the gene (p. 338). They lay out a timeline of genetic mapping and the use of genome
research to determine future outcomes. Nelkin and Lindee identify the three themes of
understanding the human genome as "the essence of identity, a promise to enhance prediction of
human behavior and health, and a image of the genome as a way to define natural order" (p. 340).
Genetic research has recently started to function as way for people to understand past performance
and future potential. The power of the genome is represented by words often used to label it like the
Bible, a dictionary, a map, and a blueprint. A lot of research has been done to prove that genetic
prediction will help control over behavior and disease. However, there is also the continuing
question of the effects of nature and
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Consolidated Omnibus Budget Reconciliation Act Essay
The first feature is that the website provides detailed information regarding the Consolidated
Omnibus Budget Reconciliation Act (COBRA). Rebecca, T. (n.d) states that COBRA was,
"...established by the American Recovery and Reinvestment Act, to help workers who lose their jobs
maintain their employer–sponsored health insurance." This section of the website is broken down
into sections for employees, employers, posters and flyers, videos, and general information
The second feature is that it also provides consumer information on health plans from the
department's Employee Benefits Security Administration (EBSA). The Employee Benefits Security
Administration is the agency that enforces the rules of the Title of the Employee Retirement Income
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The laws discussed in this section are the Consolidated Omnibus Budget Reconciliation Act
(COBRA), Health Insurance Portability and Accountability Act (HIPAA), Mental Health Parity and
Addiction Equity Act (MHPAEA) and Mental Health Parity Act (MHPA), Newborns' and Mothers'
Health Protection Act (Newborns' Act), Women's Health and Cancer Rights Act (WHCRA), Genetic
Information Nondiscrimination Act (GINA), and Michelle's Law.
The second way is for employers to utilize the health benefits laws self–compliance tools. There are
two major sections listed under this link, HIPPA and other health care–related provisions and the
affordable care act provisions. Employers can be used to compare the provisions of their plan to
ensure they are compliant with HIPPA, affordable care act, and other health care–related provisions.
The third way is for employers to utilize the reporting/disclosure guide for employee benefit plans.
This is a reference tool that employers can utilize for reporting and disclosure provisions under
ERISA. The fourth way is for employers to utilize the understanding your fiduciary responsibilities
under a group health plan which provides a summary of the rudimentary fiduciary responsibilities
pertaining to health plans that fall under the ERISA mandates.
Employee Rights The succeeding paragraphs explain how employees can use this website to verify
that their employee benefits
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The Role Of Genetic Discrimination In Life Insurance
You're sitting and waiting to buy life insurance. You walk into the room, the insurer tells you, their
company won't cover you. This is the third time an insurance company won't cover you. Why? The
insurer tells you, that with your genetic information shows that you have a gene for alzheimer's and
another gene for heart disease. How is this okay? There is no law to protect people from life
insurances, long–term insurances, and disability insurances from denying coverage or raising rates
based on an individual's genetic information. This is called genetic discrimination. Genetic
discrimination is "when people are treated differently by their employer or insurance company
because they have a gene mutation that causes or increases the risk of an inherited disorder" (What
is genetic discrimination?, 2018). The question is, should insurance companies be allowed to have
access to people's genetic information? No, insurance companies should not be allowed to obtain
access to genetic information because it can be used to discriminate people and it's morally not right.
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Thousands of people are experiencing discrimination with insurance companies, over something
they have no control over, their genes. Every person has multiple DNA differences/or genetic
mutation that can increase and/or decrease their chance of acquiring certain diseases, such as:
cancers, alzheimer's disease, diabetes, heart disease, etc. But just because people may have those
certain genes/differences, does not mean that they will ever get that disease (Genetic Discrimination
Fact Sheet, 2015). It is also discrimination because, if people are forced to show their genetic
information, it will/can lead to vulnerable groups being denied insurance or will have higher
premiums to pay. People cannot control their genes and they should not be subjected to this
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Lakeview Medical Center Case Study
The leader of Lakeview Medical Center did not preserve the rights of Mrs. Henry. However, due to
the critical issues and concerns of privacy and confidentiality being broken Mrs. Henry need to
proceed with legal actions. The Health Insurance Portability and Accountability Act (HIPPA) was
implemented to protect individual like Mrs. Henry from being violated. For the most part, quality
within all health facilities is communicating information among health systems and professionals on
the needed basics. Although maintaining privacy within an organization may be difficult it's up to
the leaders and staff of the organization to make sure security is being maintained. Furthermore, a
breach of a patient's health information can be a serious offense. ... Show more content on
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Nevertheless, confidentiality and privacy are critical when maintaining a patient trust. Trust is what
builds relationships with patients. Patient advocacy is deemed as preservation which should provide
the highest quality of care. Thus far, a patient privacy included genetic information, identifiable
health information and all health information that pertinent to that client. As patients enter the
hospital, they sign privacy disclosures which should protect them from the circumstances that Mrs.
Henry endured. The Chief executive officer (CEO) and Chief Compliance Officer (CCO) are
supposed to be on the same page as far a confidentiality and privacy of patients. Every leader within
the organization is supposed to make sure that the Genetic Information Nondiscrimination Act
(GINA), and The Health Insurance Portability and Accountability Act (HIPPA) are being
implemented correctly. Also, the leaders of the organization did not pay attention to the
discrepancies at hand. No one has the right to enter another patients room without their permission
or informed consent. There are laws set in place to prohibit such action. Besides, the nurse that was
involved need to be fired because she was unethical, illegal, incompetents and perform lousy
judgment regarding the patient
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Patient Bill Of Rights Essay
The Patient Bill of Rights is a list of guarantees in which any patient has the right of. The patient has
the freedom to make these rules about themselves. Patients have the right to seek consultation with
the doctor of their choice. Patients are also able to contract mutual terms with their provider. They
have the right to enter their records and to have confidentiality. They have the right to use whatever
resource to purchase the care of their choice. Believe it or not they also have the right to refuse
treatment and to be informed of their medical condition. Anything having to do with the patient they
have the right to that information, knowledge, and most resources. Describe the following types of
insurance: a) Liability– is an insurance that protects the purchaser from "liable" risks brought on by
lawsuits and similar claims. ... Show more content on Helpwriting.net ...
These damages include person's character, violation of their rights, and privacy. It also protects
against lawsuits involving false arrest, unlawful imprisonment, and malicious prosecution. Identify:
Health information Technology for Economic and Clinical (HITECH) – was established to support
electronic health records and the supporting technology in the United States. It was also established
to expand data base breach notifications and the protection of electronic protected health
information. This act was signed by Barrack Obama in 2009 and it made documentation for health
care easier and more protected in which it spread like wildfire. Genetic Information
Nondiscrimination Act of 2008 (GINA) – This is the law that protects individuals from genetic
discrimination in health insurance and employment. This law prevents insurers or health plan
administration from requesting genetic information and using it for decisions for coverage, rates,
preexisting conditions, hiring, firing,
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Genomics Ethical Issues
I agree that although nutritional genomics seems promising and could have significant positive
impact on today's health care there are a lot of ethical, social, and legal issues that impede progress.
I concur that information derived from nutritional genomics should be treated the same way as other
health related information. I don't think medical information should be disclosed to any third parties
without the patient's consent. The good thing is the government is already aware of the possible
discriminatory risks resulting from these studies and they have taken action towards resolving it.
According to Jones, (2013) "The Genetic Information Nondiscrimination Act of 2008, Public Law
110–233, 122 STAT. 881, prohibits discrimination based on an individual's genetic information in
both the health coverage and employment contexts" (para. 2). This means there is legal protection
against the misuse of genetic information. Although this is not a complete solution to all the issues,
it is a step forward. Reilly and Debusk (2008) stated that nutritional genomics is still in its infancy
state. Researchers, lawmakers, and health care professionals still have the opportunity to resolve
these issues and make policies that will help in the implementation of this science. ... Show more
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It is true that despite governmental efforts to reduce obesity and other health problems there is still
an upward trend of those cases today. Although there have been governmental programs that have
been successful, they pale in comparison to the overall negative dietary trends in the United States.
Despite this, I still would like to look at nutritional genomics optimistically. Until the nutritional
problems of the U.S. is solved I'll keep an open mind for plausible
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Genetic Information Nondiscrimination Act: A Case Study
Genetic testing refers to scientific diagnostics of an individual's genetic composition. The test
analysis the DNA in a person's blood for genotypes, mutations or variations that can cause certain
diseases and physical disabilities. Genetic testing has become popular secondary to the increasing
desire of people in developing awareness of their genetic make–up and related potential
susceptibility to debilitating diseases. There has been a public recognition of an increased risk of
individuals being subjected to discrimination by employers, heath insurance companies and other
organizations when one's genetic information is disclosed. The inevitable need to protect people
from discrimination by employers and businesses secondary to genetic information became clearly
evident leading to efforts culminating in the passage of the Genetic Nondiscrimination Act (GINA)
which was signed into law in 2008. This paper will clearly present a comprehensive summary of the
significant events which resulted in the adoption of the Genetic Information Nondiscrimination Act.
The interpretation and application of the Genetic Information ... Show more content on
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There were approximately 300 genetic tests available that time. It is significant to note that the
reference sequence of human genome was completed by Scientists in April 2003 (Hudson et al,
2008) and current genetic tests encompass over 1500 conditions. Barclay and Markell (2007)
explained the ability to establish and document a person's genetic composition is known as genetic
mapping. It must be noted that genetic mapping was achieved through the Human Genome Project
(HGP) as a collaborative international research program (Barclay & Markell, 1999). Genetic
information was considered to be adequately different from other health related information thus the
need for special legal protection (Ginsburg,
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Persuasive Essay On Genetic Discrimination
Whether an employer or health insurance company should have access to your genetic information
can one day be the difference between having a job and health insurance to having neither. Even
though it's prohibited for an employers to ask or request for genetic information there will be people
who voluntary provide that information. Those who do provide genetic information might be doing
themselves more harm than good. Many are against providing their genetic information as they fear
it could lead to genetic discrimination and prevent them from acquiring the proper insurance needed
to cover health problems or obtain employment (National, 2002). To prevent genetic discrimination
laws like "The Americans with Disabilities Act" (ADA), "The Genetic Information
Nondiscrimination Act" (GINA), and "Affordable Care Act" (ACA) have been passed to prevent
insurance companies from denying coverage or increasing rates, employers from denying work,
prohibit discrimination in public services areas, and prohibits the discrimination against those who
need accommodations (National, 2017). While providing genetic information is not required, some
employers feel that's its necessary to have this information. If an employer is are able to access a
person genetic information they can to determine whether the person poses a risk to themselves or to
those around them (Midwest, n.d). Allowing an employer or insurance company to have access to
your genetic information could lead to genetic
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Genetic Testing Research Paper
Should Society or an Individual bear the cost and consequences of genetic screening and genetic
tests STATEMENT OF THE ISSUE With the kind of packages many employees get in corporate
America, part or full health coverage is a very common perk. Through these health benefits,
employees undergo many different tests because they are subsidized. In some cases, general health
checkups are also required by the employers. The results of these tests contain sensitive information
and handling of that information can directly affect the patient's employment at the company. The
issue lies in the confidentiality of the information amongst the employer, employees and the
healthcare providers. The Genetic ... Show more content on Helpwriting.net ...
For example, people may not know that BRCA1/2 are genes that have risk of cancer of about 25%–
90% but it doesn't necessarily indicate that they will get breast cancer in the future (Morris, 2010).
Genetic discrimination by employers and insurers are the main culprit for not protecting the privacy
of an individual. Impact on family Due to germline mutation(passed via sperm or egg to offspring).
This can suggest risk associated with it in the bloodline of the relatives (McGuire, 2008). Also if a
child is adopted and is not aware about his/her adoption and finds out that his/her adopted parents
have risks of chronic heart condition then they might alter their lifestyles thinking that they can get
serious heart conditions in future. Expensive and Time consuming Genetic testing is expensive and
time consuming.
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Do Employers Discriminate Against People With Disabilities
Do employers discriminate against people with disabilities and as well between man and woman?
How long has employer discrimination been around? It was passed in 1990 the (ADA) another
known as the Americans with Disabilities Act." This was put here to prohibit discrimination against
disabled individuals working in public places. As well as in the Telecommunications, therefor saying
you cannot, not give someone a job because they have a disability and that does mean you can't be
mean to they as well. ADA sees a "disabled" person as one who has "a physical or mental
impairment which substantially limits one or more major life activities. " Since it was passed, courts
are straggled with determining which impairments falls under this classification. The Supreme Court
asked the question of when, during the progression of AIDS, people become watched by the ADA.
In a little case called the Bragon v. Abbott there were 5–4 decision, the court held the people that
was infected with HIV, HIV causes AIDS, protected from discrimination under the ADA even if they
have no AIDS–related symptoms" (Muhl). Some people think just ... Show more content on
Helpwriting.net ...
They are here to report that the company pledged not to use personal data of employees with what
the Reuters say was the first major movement corporation to safeguard a new category of privacy.
Refraining from using the stats in determining to ability to work for health care or benefits plans
was also done by the group as we were talking about earlier IBM. This pledge is here to show the
congress did debate a proposed privacy bill that would put its foot down and give people with a
disability hope of getting that job they applied for and not allowing discriminating against people
with a personal predisposition to disease. There is a number of available tech jobs posted on
Dice.com as of September.30, and the number of those jobs available is
... Get more on HelpWriting.net ...
Questions on Employee Benefits
EMPLOYEE BENEFITS WEBSITE 6 Q1.Describe the major features of this website and how each
feature can be used to monitor employee benefits. The website provides links to various sources of
information provided by federal agencies for employees and employers seeking clarification about
the benefits they are owed and to which they owe others. The website answers FAQs, provides
benefit 'cheat' sheets to educate employees about their rights, and offers online publications about
health plans, retirement plans, and other benefits. Website surfers can request assistance from a
benefits adviser online, to provide more objective information about their coverage than a member
of the HR staff at their current employer. For example, the Health Benefits Advisor "is designed to
help workers and their families better understand their federal right concerning access to health
coverage, whether provided through a group health plan or otherwise, especially when they
experience changes in their life and work situations––such as marriage, childbirth, job loss or
retirement" (Health Benefits Advisor, 2012, e–laws). For employees who may not be comfortable
with the written materials on the website, there are videos explaining benefits in what is hoped to be
easily–understandable language. According to the website, the organizational mission statement of
the Employee Benefits Security Administration "is to assure the security of the retirement, health
and other workplace related benefits of
... Get more on HelpWriting.net ...
Age Discrimination Case
Considering the case is being filed due to police officers and public safety dispatchers over the age
of 40 filed suit pursuant to the Age Discrimination in Employment Act (ADEA) and are
complaining of the "disparate impact" of the award. I feel they have a case considering the age
discrimination definition by the ADEA and FCRA. The City of Tampa would be held responcibile
for the prima facie evidence because employment records would state the employees age and the
start date of employment along with promotions and raise. In regards to the City of Tampa giving
higher raises to the employees under 40 received raises of more than 10 percent while less than half
(45.3 percent) of those over 40 did. Second, the average percentage increase for ... Show more
content on Helpwriting.net ...
Another case which is associated with age discrimination and payroll alteration has been court
appointed to reimburse the lost of payroll funds to the effected parties. This case is associated with
the Brentwood Fire Department Eastern District of New York was resolved on 3/16/11 by New York
District Office. The Commission alleged that between 1990 and 2004, Defendant prohibited
volunteer firefighters over age 62 from accruing credit toward a "length of service award," the
equivalent of a retirement pension, because of their age. As a result, the senior firefighters kept
working but did not receive credit for their service once they reached 62. "Case settled for $465,600
in monetary relief, retroactive payments to 28 class members and increase in pension payments for
20 others." Along with the reimbursement of funds, the company was also required to include
injunctive relief such as, elimination of age restriction on service credit, training and institution of
anti–discrimination policy. The Brentwood Fire Department case isn't as different from the Florida
case. If the evidence is able to prove that discrimination has occurred then the employees should be
reimbursed for the funds which were
... Get more on HelpWriting.net ...
Genetic Testing Persuasive Essay
What would you do if an immediate family member of yours developed a popular genetic disease
and there was a possibility of you having it? Wouldn't you want to know whether or not you had it
as well, in your genes? Genetic testing allows for people to know if they have a certain genetic
disease, if they need to get a certain treatment plan set up, or if there are ways to prevent it from
becoming present or visible in the body. Genetic Discrimination is no longer legally allowed,
meaning that there is no longer a need to fear the possibility of your genetic information getting into
the wrong hands. Genetic testing should be done by anyone who may have a chance of developing
any type of disease that could be life–threatening or not. Genetic ... Show more content on
Helpwriting.net ...
Although it is greatly feared that your genetic information will get in the hands of the wrong person,
it is now protected by the law. Genetic Discrimination is no longer allowed because both federal and
state laws have been made against allowing employers and insurance agents to discriminate you
based on a genetic disease you may have. These laws are part of the GINA – Genetic Information
Nondiscrimination Act. There are two titles within GINA, Title One prohibits Genetic
Discrimination in Health Insurance and Title Two prohibits Genetic Discrimination in Employment.
Others may argue that genetic testing is unreliable and does not work to detect genetic diseases in all
parts of the body. "Among the variety of genetic tests, some yield high rates of false–positive and
false–negative results, while others are characterized by findings that are precise but of uncertain
clinical or predictive value" (1998, Hastings Center Report, 15–21). Although that may be true,
there can be tests done in other parts of the body to get better results instead of the false results.
Taking blood from another location in the body will allow the patient to get the true positive or
negative that they need to tell if they have the
... Get more on HelpWriting.net ...
Equal Employment Opportunities Commission
History of Equal Employment Opportunities Commission The Equal Employment Opportunity
Commission opened their doors on July 2, 1065 – one year after President Lyndon B. Johnson
signed the Title VII of the Civil Rights Act of 1964. Title VII makes it illegal for an employer to
discriminate in hiring by a person's religion, national origin, sex, color, or race. The Equal
Employment Opportunities Commission is also responsible to enforce the Equal Pay Act, the Age
Discrimination in employment Act, the Genetic Nondiscrimination Information Act, and the
American with Disabilities Act. The Equal Employment Opportunities Commission is a five–
member, bipartisan commission whose mission is to eliminate discrimination. The members are
elected
... Get more on HelpWriting.net ...
Ethical Violation In Genetic Research
Although this technology may seem like science fiction, the consequences it can bring, most
specifically surrounding privacy and ownership, can be overwhelming. Genetic information is
different than any other type of information because it is biologically unique. John Quackenbush, a
Harvard professor of computational biology and bioinformatics, explains: "As soon as you touch
genomic data, that information is fundamentally identifiable...I can erase your address and Social
Security number and every other identifier, but I can't anonymize your genome without wiping out
the information that I need to analyze" (Shaw). As the use of big data continues to expand, so does
the risk of security for an individual's genome. An important aspect of genetic ... Show more content
on Helpwriting.net ...
In 2008, Congress passed the Genetic Information Nondiscrimination Act (GINA), which "protects
Americans from being treated unfairly because of differences in their DNA that may affect their
health" (NIH). When people discover that they are more at risk for a genetic disease, potential
employers or insurance companies are forbidden to use this information against them. Consequently,
people are not as hesitant to perform genetic testing or participate in research because the
information they gain cannot be used at their disadvantage. Additionally, genotyping companies
such as 23andMe have clear, publicly available privacy statements that participants are free to read
before they agree to send in their DNA. They assure potential consumers that "personal information
and genetic data are stored in physically separate computing environments" and "software, hardware
and physical security measures [are used] to protect the computers where customer data is stored"
(23andMe). Even though genetic data cannot be fully anonymized, measures are being taken to
promote the security of an individual's personal
... Get more on HelpWriting.net ...
Pros And Cons Of Genetic Testing
The topic of genetic testing is laced with controversy. The question at hand is "Does genetic testing
provide more advantages or disadvantages?" There are plenty of well–researched and well–
articulated arguments on each side of this discussion. During my time researching the topic, I flip–
flopped my position multiple times, something that could very well continue to happen as I deepen
my understanding of the issue. My current opinion is that despite the many advantages of genetic
testing, the disadvantages still outweigh them. I feel this way for a variety of reasons: 1)
Preimplantation Genetic Diagnosis is eerily similar eugenics; 2) Discrimination may occur as a
result of the information provided by genetic testing; 3) Abnormal results may cause depression or
anxiety even if that person does not suffer from a particular disease. Preimplantation Genetic
Diagnosis (PGD) is when a couple with one or more genetic mutations will seek screening to
determine which embryos will be transferred into the uterus to continue development. This is done
to ensure that their child will not be born with the mutation. While the intentions may be good, this
way of thinking comes dangerously close to eugenics. Eugenics is a ... Show more content on
Helpwriting.net ...
One way this can occur is that when genetic testing reveals that you have a higher chance of
developing a certain disease, certain insurance companies may refuse you coverage. The issue was
recognized and on May 21, 2008 the President signed the Genetic Information Nondiscrimination
Act (GINA) in effect. Unfortunately, this law only protects citizens from health insurance companies
and employers. It does not grant anyone the right to life insurance, disability insurance, or long–term
insurance. It is legal to refuse people all three of those forms insurance based on the results of their
genetic testing. Genetic testing opens up another door for discrimination in our
... Get more on HelpWriting.net ...
Genetic Discrimination In The Workplace
On the National Human Genome Research Institute website they provide various information about
different issues such as health, genetics, and education. One main issue that they provided
information on is genetic discrimination. They describe this issue as discrimination that can be
toward an individual based on their genetics. To address this issue of possible discrimination, the
Genetic Information Nondiscrimination Act was put into law in 2008. This law prohibits
discrimination in the workplace and by any health insurance issuers. There are also other legal
protections against genetic discrimination by employers, issuers of health insurance, and any others
who may use genetics to discriminate. The Genetic Information Nondiscrimination Act,
... Get more on HelpWriting.net ...
Genetic Engineering Of Food Products Essay
Genetic engineering of food produce is considered a miracle technology. Many speculate that this
discovery has the possibility to end world hunger. By mass producing and marketing produce, the
associated costs will decrease. With lower production costs for crops, healthy options will not only
be more accessible, but more affordable for customers as well. Some even contend that the overall
health of the general population will improve. How does this affect the healthcare industry? If we
can genetically modify food, why not humans? By accepting and utilizing engineered produce as a
viable food source, many express it would eliminate the need for trade, because each country would
be capable of producing its own food. Which corporation(s) would corner the market? If genetically
engineered goods permeate the market, a trading would become obsolete. An intense plunge in the
value of produce would agitate the stock market. The eradication of trading produce would cripple
most, if not all, economies (Gandel, 2010). Though genetic engineering of food has drawbacks, the
benefits arguably may manage to outweigh them. The total dissolution of world hunger is an
impressive feat. But, do the perceived benefits of genetic engineering make the hassle of starting a
business worthwhile? Have the potential threats to democracy along with the socioeconomic
implications associated with the utilization of new and emerging human engineering technologies
thoroughly been considered?
... Get more on HelpWriting.net ...
Genetic Discrimination: What Is The Key Purpose Of GINA?
Genetic discrimination is judgement based on one's genetic characteristics or chromosomes. In
2008, the "Genetic Information Nondiscrimination Act" (GINA) was passed, this act would prohibit
discrimination based on genetics; moreover, GINA would prevent employers and health insurance
providers from increasing health insurance rates based on one's genetic disposition, which I will
discuss further. In this paper, I will discuss the key purpose of GINA, summarize the five
congressional findings that impelled the formation of GINA.
The purpose of GINA is to prevent genetic discrimination from insurance companies and employers.
Genetic discrimination occurs when one judged based on their genetic characteristics or DNA.
Mainly GINA was implemented to safeguard the public from discrimination and eliminate anxiety
about discrimination to promote the use of genetic testing, research, and therapy.
Before GINA was passed, there were five discoveries made by congress, these discoveries would be
the driving force for GINA to be passed. Initially, Congress found human genetic testing to be
profitable to the public, new breakthroughs through genetic testing and research would prevent and
cure some illnesses and diseases.
Sterilization laws were very prominent in early research, in 1905 Indiana passed laws ... Show more
content on Helpwriting.net ...
In contrast GINA do not protect against factors such as gender, or race as these elements are covered
under the Civil Rights Act. The text describes three elements covered under GINA which include
"an individual's genetic test results, information pertaining to the genetic test results of an
individual's family members, and information about the patient's family history of genetic disease
and disorder," (Bustillos,
... Get more on HelpWriting.net ...
Genetic Testing Ethical Issues
Genetic testing is becoming more common as different types of genetic tests become available to the
public. There are diagnostic tests, predictive tests, carrier tests and prenatal tests just to name a few.
However, there are many ethical and social issues revolving around genetic testing. There are ethical
issues involving the limitations of testing, the restriction of treatments available and the unknown
implications of early prevention. There are also the social issues of potential for discrimination and
the emotional impact of the test results. These are some of the major issues and concerns that are
currently surrounding genetic testing. The first ethical issue is the limitation of genetic testing. One
of the major problems with the ... Show more content on Helpwriting.net ...
They fear their ability to obtain health insurance or employment for they might be denied due to
their genetics. There is a greater fear for those individuals who seek predictive or pre–symptomatic
testing because of the chance the insurance company might get the results and drop them from
having insurance coverage because their cost to insure will increase dramatically. These individuals
also fear current or potential job from finding out that they will eventually develop the disease and
deny them the job because they will not work as much or as long as other individuals who won't
necessarily develop the condition. The Genetic Information Nondiscrimination Act of 2008 protects
from discrimination from health insurers and employers, but not everyone is fully protected. "More
than 30 states have legislation prohibiting genetic discrimination. However, the scope of these
protections differs slightly from state to state." (Genetic Alliance, para. 9, 2010) This law does not
protect life or disability insurance or long term care insurance. The last issue is a social issue, which
involves the emotional impact of genetic testing. The decision to do genetic testing and the results of
the test do not only affect the individual being tested, but also the family of the individual. Guilt is
often felt by the parents of the child, but also with the individuals whose test results are negative
when their siblings test(s) is/are positive. There is also the possibility of the way that people interact
with the individual changes after the results are back, which could lead to discrimination or
... Get more on HelpWriting.net ...
Eeoc Nvq
1. The EEOC is in place to protect the rights of individuals in the workplace. They are also laws in
place that protects employees from being punished for reporting discrimination. Laws of the EEOC
include:
– Title VII of the Civil Rights Act of 1964 protects people from being discriminated against due to
who they are and what they look like this includes skin color, religious preference, where they come
from and sex of the person. Title VII was amended to include the protection of pregnant women.
– The Equal Pay Act of 1963 is in place to make it so men and women are paid the same if they are
performing the same jobs. It gives equality in the workplace between men and women.
– The Age Discrimination in Employment Act of 1967 means that
... Get more on HelpWriting.net ...
Non-Discrimination Act Of 2008
Nondiscrimination Act of 2008 with respect to the acquisition and disclosure of genetic information.
Genetic information includes information about genetic tests of applicants, employees, or their
family members; the manifestation of diseases or disorders in family members (family medical
history); and requests for or receipt of genetic services by applicants, employees, or their family
members. If you have any questions about this policy or believe you have been subjected to
harassment or discrimination in violation of this policy, you should immediately report the matter to
Human Resources or you supervisor, or any other member of management with whom you feel
comfortable. The greatest discretion will be utilized in investigation and, where
... Get more on HelpWriting.net ...
The Hiring Process and the Laws That Govern It
The Hiring Process and the Laws that govern it
Jeremy Pesek
National American University
Abstract
Human resource departments spend many hours trying to recruit and hire quality employees. This is
done by following the laws set forth in the hiring process. This research will benefit an organization
to better understand the laws and find quality employees. Making sure they follow these laws and
methods they will be able to make the best selection for the 'fit' of the company. This will apply to
large or small companies. Following a good process and knowing the laws will make for a good fit
for both the employer and the employee.
The Hiring Process and the Laws that govern it There are many laws that help regulate the hiring ...
Show more content on Helpwriting.net ...
This applies to job application procedures, hiring, advancement and discharge of employees,
workers ' compensation, job training, and other terms, conditions, and privileges of employment.
Covered entity can refer to an employment agency, labor organization, or joint labor–management
committee, and is generally an employer engaged in interstate commerce and having 15 or more
workers. (Human Resource Management Instructional Materials 2009) The ADA requires employers
to make reasonable accommodations for and know disability for people who are qualified to do the
job. Although reasonable can be defined differently by different people you should consult with the
person for whom you are making these accommodations to help define reasonable. A short section
of the Rehabilitation Act of 1973 noted as Section 503 prohibits employment discrimination by
Federal government contractors and subcontractors with contracts of more than $10,000. (Human
Resource Management Instructional Materials 2009) Overall the Rehabilitation Act of 1973
prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in
programs receiving Federal financial assistance, in Federal employment, and in the employment
practices of Federal contractors. These standards are the same as the ones used in Title I in the
Americans with Disabilities Act spoke about earlier. The Genetic Information Nondiscrimination
Act of 2008
... Get more on HelpWriting.net ...
Mandatory Employee Wellness Programs
Laws to consider Triumph Industries Inc. should be aware that according to Genetic Information
Nondiscrimination Act (GINA) signed in 2008, generic screening is not allowable. This act protects
Americans against discrimination based on their genetic information when it comes to health
insurance and employment [5]. The law has two parts: Title I makes it illegal for health insurance
providers to use or require genetic information to make decisions about a person's insurance
eligibility or coverage. This part of the law went into effect on May 21, 2009. Title II makes it
illegal for employers to use a person's genetic information when making decisions about hiring,
promotion, and several other terms of employment. This part of the law ... Show more content on
Helpwriting.net ...
If Triumph Industries Inc. has employees 40 years old and over it should pay attention to the Age
Discrimination in Employment Act (ADEA) that prohibits employers from discriminating against
individuals because of age. This is one more regulation that conflicts with mandatory wellness
programs that require employees to achieve a certain health standard without adjusting for the age of
employees. Any wellness program requiring workers to hit a certain level or score – such as blood
pressure or cholesterol – must make allowances for differences in age and health conditions of older
employees. Otherwise, it may violate the ADEA. Triumph Industries Inc should be aware of certain
other statutes that work on a state level when implementing a wellness program especially when the
company operates in different states. For instance, many states have passed lifestyle discrimination
statutes that protect employees from being discriminated for engaging in off–duty lawful activities,
even if those activities are unhealthy. California, employers may not discriminate against an
employee or applicant for lawful conduct occurring during nonworking hours away from the
employer's premises [9]. There is one more document that should be taken into consideration. The
Employee Retirement Income Security Act of 1974 (ERISA) that sets minimum
... Get more on HelpWriting.net ...
Arguments Against Genetic Discrimination
Genetic discrimination happens when people are treated with bias standards by their employer or
insurance company because they have a genetic predisposition that causes or increases the risk of an
inherited disorder. Subsequently, this information can be used to discriminate against or stigmatize
individuals on the job because they possess particular genetic traits. The Genetic Information
Nondiscrimination Act (GINA) provides federal protection from genetic discrimination but it also
protects the genetic privacy of individuals in health insurance and employment (Levin, 2013). There
are five congressional findings that have helped to create the final GINA law. First, human medical
advances are discovered each day. One way of achieving these goals are comprehending the human
DNA and how it functions. Another scientific approach is to uncover the potential key to the genetic
break down that causes biological aspects to human diseases. The encoding of this information
could give insights of the causes and may allow advance medical treatment to intervene earlier in
the disease pathways and possibly find a cure. These advances may be the significant aspects to
regulating ... Show more content on Helpwriting.net ...
Given that some specific genetic disorders are more predominant in a population group can result in
judgmental aspects toward that particular person or group. For example, a person that has mention
publically that they are a carrier of Huntington's disease can experience the perceptions of
discrimination from insurance companies, relatives and in social settings; although they may not be
showing any symptoms of the disease. Although this disease may not occurs in one population
group, the duration may only give a person 15–20 life span after diagnosis which could affect the
way a person could be considered in a long term approach in
... Get more on HelpWriting.net ...
Privacy In Law Enforcement Essay
In law enforcement, protecting lives, safeguarding property, and reducing crime is constantly
challenged by increasingly sophisticated criminal activities. Governments and law enforcement
agencies strive to stay ahead of offenders and ensure the safety of law enforcement professionals
relying more and more on rapidly changing technology. In–car camera systems, for example, are
now valuable tools used to ensure and validate a high degree of officer professionalism (Schultz,
2016). But as criminal activities and technology changes, so does society's views on justice. Issues
related to Constitutional protections and citizens privacy as well as how defendants and victims are
treated have been debated for a long time in the U.S. ("21st Century", n.d.). Privacy, especially, is a
sensitive but pertinent subject in law enforcement as the use of new technologies heighten concerns
about adequate safeguards and misuse of information. Genetic information, such as ... Show more
content on Helpwriting.net ...
The Antisocial Factor is a gene associated with an increased risk of antisocial behavior ("The ASF
Gene", n.d.). Persons with the gene are four times more likely to commit a felony from the ages of
18–30. Although the gene may predict a person's propensity for criminal behavior, the government
should not make testing mandatory. Just because people might have the genetic trait does not mean
they will actually participate in criminal behavior. People who inherit the sickle cell trait from their
parents, for example, may not ever display any symptoms of the disease and live normal lives
("Sickle Cell", 2015). In addition, a study by Appelbaum and Scurich (2014) revealed that sharing a
defendant's genetic predispositions could be stigmatizing. Since people tend to link violence with
metal disorders, it creates a social distance possibly resulting in more punitive findings and more jail
time for
... Get more on HelpWriting.net ...
The Genetic Information Nondiscrimination Act Of 2008 (...
1. Official Title of the Law
The Genetic Information Nondiscrimination Act of 2008 (GINA) is an act of Congress that give
individuals federal protection against genetic discrimination concerning insurance and employment;
the federal law was enacted on the 21st of May 2008 (U.S. Equal Employment Opportunity
Commission, n.d.). GINA forbids group health organizations including health plans and insurers
from denying insurance to a person or charging them a higher fee grounded on their genetic
information that may indicate their susceptibility to developing a certain disease in the future. The
Genetic Information Nondiscrimination Act of 2008 (GINA) equally prohibits employers from
conducting job allocations, hiring, firing as well as promotion decisions based on their individuals
'genetic information. GINA includes revisions to the Employee Retirement Income Security Act of
1974 and the Internal Revenue Code of 1986.
GINA comprises of two titles; title one bans genetic discrimination involving health insurance, and
title two makes it unlawful to discriminate against employees based on their genetic information.
This paper will out more emphasis on title one.
2. Health Care Organization's Obligations to meet Patients' Legal Rights
A lot of people in the United Sates are unwilling to participate in studies or undertake any genetic
screening that may expose them to discrimination grounded on their genetics. That has patients from
volunteering to take part in research
... Get more on HelpWriting.net ...
Genetic Discrimination Essay
Genetic Discrimination
The fear of genetic discrimination is a phobia gripping many people around the world. People find
themselves asking, could my genetic information raise my health bills? Could this cause me to be
rejected from a job opportunity? These anxieties are causing people to lash out at genetic research,
and ultimately the human genome project. People do not want our understanding of human
genomics to advance. This is because the risks of the development of the technology could inflict on
them. A major risk is genetic discrimination. I believe that genetic discrimination is wrong and
governments should continue to prevent it because it is an invasion of privacy, it violates equity, and
it could really hurt people with genetic ... Show more content on Helpwriting.net ...
I fully support these laws because I am against genetic discrimination. Many risks could be poised if
genetic discrimination was legal. First of all, it is invasion of privacy. Your genetic information is
YOUR genetic information. It is not anyone else's business and you should not be required to make
it public. If genetic information was a requirement when applying for a job or health insurance,
people could make biased opinions and that almost immediately ends your chance of getting what
you applied for. Therefore, people with genetic disabilities would have a hard time facing the
discrimination. These people would be lucky to get a job and their health bills would go through the
roof. I think that having a disability does not mean you are not able to be a reliable worker, and it
also doesn't necessarily mean your health will be significantly impacted. Besides, it is wrong to
discriminate against people just because of who they are! In addition, genetic discrimination does
not promote equal opportunities. For example, in Hong Kong three men were denied the opportunity
in being in the disciplined forces (law enforcement) because a parent had schizophrenia.
Schizophrenia is a mental
disorder that hurts a person's ability to process their thoughts, and overall makes them prone to
emotional responses.
... Get more on HelpWriting.net ...
Health Portability And Accountability Act ( Hipaa )
What is
Genetic Discrimination?
Genetic discrimination arises when people are treated different, or discriminated against, because
they have a genetic mutation that causes –or increases the risk of– a heritable disorder.
Example: if people take part in a medical study, is it right for their results be used against them?
Background:
– Knowledge of the human genome, and an increase in the availability of genetic testing at lower
cost has made genetic testing more popular.
– Results provided through genetic testing enables doctors to be more informed in terms of their
patients; allows regular screening practices, or treatment planning at early stages.
(Genetics Home Reference, 2017).
Who has access to Medical Records:
Health ... Show more content on Helpwriting.net ...
–Employers do not want to be liable for employees. Discrimination against people who are at risk
for a certain disease is more profitable because it will potently save the company a substantial
amount of money.
–both feel that they are the ones who are at a loss, and gain no benefit from the law.
(Council for Responsible Genetics, 2001).
Position:
Laws like GINA should be improved to allow citizens to have more privacy with their genetic
information.
Universal Healthcare would completely eliminate all occurrences of genetic discrimination.
Insures companies and employers should not have access to our medical records.
– individuals should not be punished for something they cannot control.
– It can affect anyone; a study analyzed the DNA of 179 people, estimating that ranged from just a
handful up to 100 or more serious disease– associated mutations (Xue et al., 2012).
– Insures and employers should not have access to medical records because it encourages
discrimination based on genetics.
Genetic Testing:
Linkage Testing
Purpose
Linkage testing is a type of indirect DNA testing used to narrow in on the location of a disease–
causing gene within a family. It is typically used when the gene for a condition is undiscovered or
when a family is thought to have a rare or unique mutation. Linkage can be used for diagnostic,
carrier, and prenatal testing. (Genetics and Social Science, 2017).
How it 's done
... Get more on HelpWriting.net ...

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Healthcare Reform Legal Challenges

  • 1. Sweeping Reform Healthcare providers face substantial legal challenges under new the Affordable Care Act. Sweeping reforms have created a demand for healthcare law specialists. As a result, the specialty currently represents the fastest growing law practice in the United States. The health law field presently exists at the precipice of enormous change. Care providers must manage the legal implications that come with networked electronic health records (EHRs) and payment based on patient outcomes. Problems also arise due to patients travelling solely for specialized treatment and growing pains attributable to newly merged and acquired healthcare organizations. These factors and more contribute to increasing litigation involving fraud, insurance disbursements ... Show more content on Helpwriting.net ... The law also exposes offenders to civil repercussions such as False Claims Act culpability and up to $50,000 per offense. Legislators have made limited exceptions to this rule called "voluntary safe harbors." The Health Information Technology for Economic and Clinical Health (HITECH) Act Legislators created the Health Information Technology for Economic and Clinical Health Act to promote effective technology implementation among care providers. [4] In part, the act addresses privacy and security of electronic health records. The act also reinforces parts of the civil and criminal sections of the Health Insurance Portability and Accountability Act (HIPAA). The act outlines four liability levels, each with increased punitive responses. The minimum penalty increases greatly between each level, with the maximum recourse amounting to one and a half million dollars. Offenders that violate the law unknowingly initially receive the lowest fine and the opportunity to correct the offense in 30–days to avoid fines altogether. The Genetic Information Nondiscrimination Act of ... Get more on HelpWriting.net ...
  • 2.
  • 3. Dna Database For over a decade, there has been a controversial issue dealing with building a national DNA database. This issue has been brought up over the discussion of the actual database and what kinds of effects will come out of it, if it actually happens to go through. Some people think the database will be a force in crime fighting. Others think it is a violation of civil liberties. In the early 1900s, "fingerprinting," a new crime–fighting database, was developed. With the exception of identical twins, no two people have the same fingerprints. Every person who was arrested was fingerprinted, and those fingerprints were inserted into the FBI computer database. This database holds over 40 million fingerprints and this system is still used ... Show more content on Helpwriting.net ... On April 24, 2008, President George W. Bush did in fact sign into Congress the bills of the Newborn Screening Saves Lives Act of 2007 and the Genetic Information Nondiscrimination Act of 2008 (Alston). Congressman Ron Paul (R) stated that the Newborn Screening bill is the first step towards the establishment of a national DNA database, and is justified as a "national contingency plan." However, surprisingly, he strongly opposed the bill in the first place. He insisted it threatened the liberties of Americans and told Congress "the federal government lacks both the constitutional authority and the competence to develop a newborn screening program adequate for a nation as large and diverse as the United States" (Floyd). "Those of us in the medical profession should be particularly concerned about policies allowing government officials and state–favored interests to access our medical records without our consent ... My review of S. 1858 indicates the drafters of the legislation made no effort to ensure these newborn screening programs do not violate the privacy rights of parents and children, in fact, by directing federal bureaucrats to create a contingency plan for newborn screening in the event of a 'public health ' disaster, this bill may lead to further erosions of medical privacy" (Floyd). The bill states that the federal government should "continue to carry out, coordinate, and ... Get more on HelpWriting.net ...
  • 4.
  • 5. Ethical Issues of Importance to Nurses Essay The sequencing of the human genome has a new approach to health care in regards to promotion, maintenance, and treatment. Genetic research is defined as a new approach to a better understanding of the genetic components of common diseases: Cancer, diabetes, stroke, and creating new gene– based technologies for screening, prevention, diagnosis, and treatment of both rare and common diseases. Nurses are a main aspect within the first line of care, and therefore will contribute fully in genetic–based and genomic–based practice activities such as collecting family history, obtaining informed consent for genetic testing, and administering gene–based therapies. Lea, D, (January 31, 2008). My paper is based on an article Genomics in the public ... Show more content on Helpwriting.net ... Genetic information can be identified at any point throughout a person's lifespan from pre– conception until after death. In addition to heritable, biological information, family history, genetic test results, and medical records are also sources of genetic information" (Jenkins & Lea, 2005). We are put in a position to gather and retain information that could be utilized for a better future, but is confidentiality involved for the sake of profiting? Ask yourself, who should have access to genetic information? Who owns and controls it? How can families resolve conflicts when some members want to be tested for a genetic disorder and others do not? As I stated before, Nurses will have a critical role in advocating for the patient, educating, counseling, and supporting patients and families who are making gene–based healthcare decisions (Cassells, Jenkins, Lea, Calzone, & Johnson, 2003). But it does raise a question of intentions. In some of the articles, I learned valuable information about the process of the Genome project for instance. Some characteristics are reputable and futuristically enlightening. But on the other hand, I see the project as a means of profiting in the form of the patient. As a nurse I'm the first line to trust from the patient, what better method to get consent to their genetic Intel. We as nurses have a relationship built on ... Get more on HelpWriting.net ...
  • 6.
  • 7. Genetic Information Nondiscrimination Act : Overview,... Running head: GENETIC INFORMATION NONDISCRIMINATION ACT: OVERVIEW Genetic Information Nondiscrimination Act: Overview, Success and Future Concerns Arunima Raghav Touro College Abstract As the number and availability of various genetic tests have grown, so too has a fear among Americans that their genetic information may be used for purposes other than curing or preventing diseases. This paper looks at the law Genetic Information Nondiscrimination Act passed in 2008 and how it influences the workplace and the health insurance practices. GENETIC INFORMATION NONDISCRIMINATION ACT: OVERVIEW The Genetic Information Nondiscrimination Act of 2008 (GINA) is a federal law that protects individuals from genetic discrimination in health insurance and employment or employer–sponsored group health plans contained in the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) . On May 21, 2008 GINA was referred to by its sponsors as the first civil rights act of the 21st century was enacted after a 13–year struggle in Congress. The statute is divided into three titles: Title 1, which prohibits genetic discrimination in health insurance; Title 2, which prohibits genetic discrimination in employment ; and Title 3, which contains miscellaneous provisions on severability and child labor protections. Human Genome Project The Human Genome Project was first proposed to Congress in 1990 by Department of Energy and National Institutes of Health as a part of ... Get more on HelpWriting.net ...
  • 8.
  • 9. Discrimination in the Workplace Essay Introduction There are different types of discrimination against a job applicant or an employee. It is prohibited by law to make biased decisions based on preconception to group of people according to a certain race, national origin, class, sex (including pregnancy), sexual orientation, age, disabilities, genetic information etc. All developed countries have an advanced legislation to protect job applicants and employees against different types of discrimination in many types of work situations such as hiring, firing, promotions, harassment, training, wages and benefits. This paper examines issues associated with the main forms of discrimination. We will focus on these issues using the example of the USA. There were a number of studies ... Show more content on Helpwriting.net ... This act prohibits employment discrimination based on race, color, religion, sex and national origin; 2. The Equal Pay Act (EPA). This act prohibits sex–based wage discrimination; 3. The Age Discrimination in Employment Act of 1967 (ADEA). This act protects employees who are 40 years or older; 4. Title I and Title V of the Americans with Disabilities Act of 1990 (ADA). It protects individuals with disabilities from discrimination; 5. Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). This act prohibits discrimination based on genetic information about workers (http://www.eeoc.gov/eeoc/index.cfm, para. 3–4). There is a special organization in the USA (Equal Employment Opportunity Commission or EEOC) which oversees and coordinates all federal equal employment opportunity regulations, practices and policies. This governmental institution ensures an implementation of these laws in the U.S (http://www.eeoc.gov/eeoc/index.cfm). One of the main functions of this organization is preventing discrimination with the help of special technical assistant programs. Investigation of charges with discrimination is another function of this institute. This organization also has a power to bring charges if it found out that a case of discrimination occurred. Age discrimination Age discrimination is a negative attitude towards people on the grounds of their age. There is the Age Discrimination in Employment Act (ADEA) prohibiting age ... Get more on HelpWriting.net ...
  • 10.
  • 11. African American History Chapter Summary What I found interesting: One of the things I noticed in the chapter was that slave owners would use the beliefs of African American slaves to control them to not escape or conspire together (or the "ghosts"/night doctors would take them for research). I found it interesting how racial tension played a major role in the science industry. 1. Stanley Garter suggested that in the process Of looking for new genetic markers for his research, he found out that eighteen of the most commonly used cell cultures had all contained a rare genetic marker called glucose–6–phosphate dehydrogenase–A (G6PD–A) which was present exclusively in African Americans. He also noted that HeLa cells were contaminants. He also continued to say that the cells could travel ... Show more content on Helpwriting.net ... The genetic information nondiscrimination act of 2008 protects people from losing their health insurance or employment due to genetic discrimination. The health insurance and portability act of 1966 (HIPAA) aids in prohibiting health insurers from being involved with genetic discrimination. States that publishing personal information will result in fines up to $250,000 and up to 10 years in jail. 3. The Lacks family didn't sue Victor McKusick and Susan Hsu because they didn't talk to a lawyer. They also didn't know that anyone had done research on their DNA (nor had they known it was published). The Lacks family could have sued on the grounds of privacy violation or lack of informed consent if they had gone to a lawyer. 4. John Moore filed a lawsuit against UCLA researcher David Golde in 1984 because Golde had devoted much of the seven years after taking Moore's spleen out during surgery to develope and marketing cell line called Mo. Moore had no idea that the spleen that was taken out of him even years ago was making a profit without his knowledge. Gold also filed for a patent on Moore's cells (and several extremely valuable proteins those cells produces), without explaining to Moore his plan. Golde hadn't yet sold the rights to the patent, but according to the lawsuit that Moore filed, Golde entered into agreements with a biotech company that gave him stocks and financing worth more than $3–5 million to "commercially develop" and "scientifically investigate" the Mo cell line. The value estimated to be $3 billion Another result was that nothing was considered patentable until a few years before Moore's lawsuit (in 1980) when the Supreme Court ruled on the case of Ananda Mohan ... Get more on HelpWriting.net ...
  • 12.
  • 13. Human Resource Management and Regulations HR Management and Regulations 1. Employment at Will Employment at Will law is highly relevant to the Personnel Planning functions of Human Resources Management. Personnel Planning sometimes involves the termination of competent and otherwise desirable employees due to financial or organizational challenges coming from the employer's side. In at–will employment relationship, the employer and employee agree at the outset that the employer may terminate the employment relationship for any time at any reason. In the case of at–will employees, employers are not required to show "good cause" for termination, meaning that they do not necessarily have to prove that the employee did anything to deserve termination. Although at–will employment seems to put tremendous security and leverage in the hands of the employer, the termination of an at–will employee can invite a tremendous amount of legal trouble, particularly when the personal relationship and communication between the employee and employer is not good. An at–will employee who has demonstrated competent performance on the job before being terminated could develop the belief that employer made the termination decision based on something other than job performance or organizational issues. Although at–will employment law actually permits termination due to simple personal dislike, it does not permit termination due to dislike based on the employee's gender, race, color, religion, national origin, age, disability, status ... Get more on HelpWriting.net ...
  • 14.
  • 15. HIPPA Basics: Protecting Personal Healthcare Information HIPPA Basics In 1996, Congress passed the Health Care Insurance Probability and Accountability Act (HIPPA), Protecting Personal Healthcare Information. Regulations Divided into: – HIPPA Privacy – HIPPA security Rules HIPPA is all about the security and Privacy of each patient. – Standardize specific electronic data transactions – Protect and secure patients private healthcare information – Simplify administration of the healthcare system, including clinics, pharmacies, health plans, clearing houses, healthcare providers. Identifying Covered Entities Covered Entities: Are any healthcare organization that transmits health data in electronic form, in connection with a transaction for which HHS has adopted a standard. Defined as covered entities: ... Get more on HelpWriting.net ...
  • 16.
  • 17. Pros And Cons Of Genetic Research Recent advances in biotechnology have enabled the practice of genetic testing to become more assessable. Genetic testing holds a great number of benefits, such as early diagnosis, or personalized treatment. Although there are some limitations and disadvantages. Genetic testing can only tell someone so much; it doesn't indicate a definite conclusion as to if a disease will even manifest itself or how bad the symptoms may be. Even with these limitations I believe that the benefits far outweigh these disadvantages. In the 1970's genetic testing really took off when it was discovered that chromosomes could be examined from extracted fetal cells (Press, 2008). Also at this time new born screening became a norm when testing for PKU. Similarly, ... Show more content on Helpwriting.net ... I support the continuation of research working towards improving the technologies and uses of genetic testing. Benefits include the ability to inform a patient of a predisposition to addictive behaviors, testing could catch a disease early, such as cancer, allowing for better treatment options, and the ability to personalize those treatments by adjusting dosage of a drug accordingly (Khoury et al. 2006). The population as a whole would benefit from regular use of genetic testing, it could improve the quality of life for those who will develop a disease, and could give those who may be predisposed to a genetic disorder peace of mind. Personally I would want to know if I had a terrible genetic disease because I could mentally prepare for the day symptoms begin. There's always a possibility that someone has an idea on how to treat said disorder and I could participate in research to help future generations with the same disease. Knowing would also allow me to live life freely, without the uncertainty of whether or not I will develop symptoms. Similarly, if I did choose to have kids I would want them tested for any preventable genetic disorders so treatment could start as early as possible. For example, PKU is a disease that when caught early it can be treated. For example, Khoury et al found that health risks associated with PKU could be reduced from 1 per 20,000 individuals showing severe symptoms to 0 by ... Get more on HelpWriting.net ...
  • 18.
  • 19. Genetic Testing in the Workplace Genetic Testing in the Workplace Testing of one kind or another has always been very common in the job application process, whether it's the testing of one's skill sets through an application or drug testing. Now, through scientific advances of the Human Genome Project, a new type of testing has become available to employers: genetic testing. This new sort of testing would detect any genetic problems in a potential employee's DNA, including genetic predisposition for disease and possible health concerns in the future. Genetic testing could be beneficial to companies monetarily, as it would be a way to screen their employees for long term, damaging factors which could be expensive for the company. The legal right to do so, however, is a ... Show more content on Helpwriting.net ... The wariness of the American people in regard to genetic testing stems from fear of an invasion of privacy. For many companies, the risk of emotional backlash from genetic testing is not worth the additional information. To cause such anxiety in workers would certainly be unethical, as well as detrimental to company morale. Many employers, however, argue that knowledge of employee health is important to the economic well–being of the company, as well as the well–being of the employee. There are often occupational hazards to take into consideration when hiring new employees, and it would benefit companies to be able to see which candidates from the hiring pool are best equipped to deal with these dangers. "390,000 workers contract disabling occupational diseases each year; 100,000 of these workers die." (Andre). It's possible that these deaths could have been prevented if the companies had been aware of any genetic predispositions to disease before hiring the employee. It's true that this may mean rejecting applications based solely on a predisposition for disease, but the long–term benefits for both employer and employee cannot be denied. A safer work environment is beneficial to all involved, and providing increased safety is certainly an ethical goal. This, however, opens up a pandora's box in the employment world: the fact that genetic testing yields no assured future. Genetic testing isn't a sure thing; "genetic tests alone cannot predict with certainty whether a ... Get more on HelpWriting.net ...
  • 20.
  • 21. The Dna Mystique Looks Into The Power Of The Gene The DNA Mystique looks into the power of the gene in today's society. Dorothy Nelkin and Susan Lindee (1995) describe the evolution of the gene as a cultural icon. Society puts a huge emphasis on understanding everyday behavior and the "secret of life" through genetic essentialism. According to Nelkin and Lindee genetic essentialism "reduces the self to a molecular entity, equating human beings, in all their social, historical, and moral complexity, with their genes" (p. 337). DNA is used as a way to define the individual's true self and understand the evolution of a person's identity. Nelkin and Lindee discuss the intersection of science and popular culture to shape the cultural meaning of the gene (p. 338). They lay out a timeline of genetic mapping and the use of genome research to determine future outcomes. Nelkin and Lindee identify the three themes of understanding the human genome as "the essence of identity, a promise to enhance prediction of human behavior and health, and a image of the genome as a way to define natural order" (p. 340). Genetic research has recently started to function as way for people to understand past performance and future potential. The power of the genome is represented by words often used to label it like the Bible, a dictionary, a map, and a blueprint. A lot of research has been done to prove that genetic prediction will help control over behavior and disease. However, there is also the continuing question of the effects of nature and ... Get more on HelpWriting.net ...
  • 22.
  • 23. Consolidated Omnibus Budget Reconciliation Act Essay The first feature is that the website provides detailed information regarding the Consolidated Omnibus Budget Reconciliation Act (COBRA). Rebecca, T. (n.d) states that COBRA was, "...established by the American Recovery and Reinvestment Act, to help workers who lose their jobs maintain their employer–sponsored health insurance." This section of the website is broken down into sections for employees, employers, posters and flyers, videos, and general information The second feature is that it also provides consumer information on health plans from the department's Employee Benefits Security Administration (EBSA). The Employee Benefits Security Administration is the agency that enforces the rules of the Title of the Employee Retirement Income ... Show more content on Helpwriting.net ... The laws discussed in this section are the Consolidated Omnibus Budget Reconciliation Act (COBRA), Health Insurance Portability and Accountability Act (HIPAA), Mental Health Parity and Addiction Equity Act (MHPAEA) and Mental Health Parity Act (MHPA), Newborns' and Mothers' Health Protection Act (Newborns' Act), Women's Health and Cancer Rights Act (WHCRA), Genetic Information Nondiscrimination Act (GINA), and Michelle's Law. The second way is for employers to utilize the health benefits laws self–compliance tools. There are two major sections listed under this link, HIPPA and other health care–related provisions and the affordable care act provisions. Employers can be used to compare the provisions of their plan to ensure they are compliant with HIPPA, affordable care act, and other health care–related provisions. The third way is for employers to utilize the reporting/disclosure guide for employee benefit plans. This is a reference tool that employers can utilize for reporting and disclosure provisions under ERISA. The fourth way is for employers to utilize the understanding your fiduciary responsibilities under a group health plan which provides a summary of the rudimentary fiduciary responsibilities pertaining to health plans that fall under the ERISA mandates. Employee Rights The succeeding paragraphs explain how employees can use this website to verify that their employee benefits ... Get more on HelpWriting.net ...
  • 24.
  • 25. The Role Of Genetic Discrimination In Life Insurance You're sitting and waiting to buy life insurance. You walk into the room, the insurer tells you, their company won't cover you. This is the third time an insurance company won't cover you. Why? The insurer tells you, that with your genetic information shows that you have a gene for alzheimer's and another gene for heart disease. How is this okay? There is no law to protect people from life insurances, long–term insurances, and disability insurances from denying coverage or raising rates based on an individual's genetic information. This is called genetic discrimination. Genetic discrimination is "when people are treated differently by their employer or insurance company because they have a gene mutation that causes or increases the risk of an inherited disorder" (What is genetic discrimination?, 2018). The question is, should insurance companies be allowed to have access to people's genetic information? No, insurance companies should not be allowed to obtain access to genetic information because it can be used to discriminate people and it's morally not right. ... Show more content on Helpwriting.net ... Thousands of people are experiencing discrimination with insurance companies, over something they have no control over, their genes. Every person has multiple DNA differences/or genetic mutation that can increase and/or decrease their chance of acquiring certain diseases, such as: cancers, alzheimer's disease, diabetes, heart disease, etc. But just because people may have those certain genes/differences, does not mean that they will ever get that disease (Genetic Discrimination Fact Sheet, 2015). It is also discrimination because, if people are forced to show their genetic information, it will/can lead to vulnerable groups being denied insurance or will have higher premiums to pay. People cannot control their genes and they should not be subjected to this ... Get more on HelpWriting.net ...
  • 26.
  • 27. Lakeview Medical Center Case Study The leader of Lakeview Medical Center did not preserve the rights of Mrs. Henry. However, due to the critical issues and concerns of privacy and confidentiality being broken Mrs. Henry need to proceed with legal actions. The Health Insurance Portability and Accountability Act (HIPPA) was implemented to protect individual like Mrs. Henry from being violated. For the most part, quality within all health facilities is communicating information among health systems and professionals on the needed basics. Although maintaining privacy within an organization may be difficult it's up to the leaders and staff of the organization to make sure security is being maintained. Furthermore, a breach of a patient's health information can be a serious offense. ... Show more content on Helpwriting.net ... Nevertheless, confidentiality and privacy are critical when maintaining a patient trust. Trust is what builds relationships with patients. Patient advocacy is deemed as preservation which should provide the highest quality of care. Thus far, a patient privacy included genetic information, identifiable health information and all health information that pertinent to that client. As patients enter the hospital, they sign privacy disclosures which should protect them from the circumstances that Mrs. Henry endured. The Chief executive officer (CEO) and Chief Compliance Officer (CCO) are supposed to be on the same page as far a confidentiality and privacy of patients. Every leader within the organization is supposed to make sure that the Genetic Information Nondiscrimination Act (GINA), and The Health Insurance Portability and Accountability Act (HIPPA) are being implemented correctly. Also, the leaders of the organization did not pay attention to the discrepancies at hand. No one has the right to enter another patients room without their permission or informed consent. There are laws set in place to prohibit such action. Besides, the nurse that was involved need to be fired because she was unethical, illegal, incompetents and perform lousy judgment regarding the patient ... Get more on HelpWriting.net ...
  • 28.
  • 29. Patient Bill Of Rights Essay The Patient Bill of Rights is a list of guarantees in which any patient has the right of. The patient has the freedom to make these rules about themselves. Patients have the right to seek consultation with the doctor of their choice. Patients are also able to contract mutual terms with their provider. They have the right to enter their records and to have confidentiality. They have the right to use whatever resource to purchase the care of their choice. Believe it or not they also have the right to refuse treatment and to be informed of their medical condition. Anything having to do with the patient they have the right to that information, knowledge, and most resources. Describe the following types of insurance: a) Liability– is an insurance that protects the purchaser from "liable" risks brought on by lawsuits and similar claims. ... Show more content on Helpwriting.net ... These damages include person's character, violation of their rights, and privacy. It also protects against lawsuits involving false arrest, unlawful imprisonment, and malicious prosecution. Identify: Health information Technology for Economic and Clinical (HITECH) – was established to support electronic health records and the supporting technology in the United States. It was also established to expand data base breach notifications and the protection of electronic protected health information. This act was signed by Barrack Obama in 2009 and it made documentation for health care easier and more protected in which it spread like wildfire. Genetic Information Nondiscrimination Act of 2008 (GINA) – This is the law that protects individuals from genetic discrimination in health insurance and employment. This law prevents insurers or health plan administration from requesting genetic information and using it for decisions for coverage, rates, preexisting conditions, hiring, firing, ... Get more on HelpWriting.net ...
  • 30.
  • 31. Genomics Ethical Issues I agree that although nutritional genomics seems promising and could have significant positive impact on today's health care there are a lot of ethical, social, and legal issues that impede progress. I concur that information derived from nutritional genomics should be treated the same way as other health related information. I don't think medical information should be disclosed to any third parties without the patient's consent. The good thing is the government is already aware of the possible discriminatory risks resulting from these studies and they have taken action towards resolving it. According to Jones, (2013) "The Genetic Information Nondiscrimination Act of 2008, Public Law 110–233, 122 STAT. 881, prohibits discrimination based on an individual's genetic information in both the health coverage and employment contexts" (para. 2). This means there is legal protection against the misuse of genetic information. Although this is not a complete solution to all the issues, it is a step forward. Reilly and Debusk (2008) stated that nutritional genomics is still in its infancy state. Researchers, lawmakers, and health care professionals still have the opportunity to resolve these issues and make policies that will help in the implementation of this science. ... Show more content on Helpwriting.net ... It is true that despite governmental efforts to reduce obesity and other health problems there is still an upward trend of those cases today. Although there have been governmental programs that have been successful, they pale in comparison to the overall negative dietary trends in the United States. Despite this, I still would like to look at nutritional genomics optimistically. Until the nutritional problems of the U.S. is solved I'll keep an open mind for plausible ... Get more on HelpWriting.net ...
  • 32.
  • 33. Genetic Information Nondiscrimination Act: A Case Study Genetic testing refers to scientific diagnostics of an individual's genetic composition. The test analysis the DNA in a person's blood for genotypes, mutations or variations that can cause certain diseases and physical disabilities. Genetic testing has become popular secondary to the increasing desire of people in developing awareness of their genetic make–up and related potential susceptibility to debilitating diseases. There has been a public recognition of an increased risk of individuals being subjected to discrimination by employers, heath insurance companies and other organizations when one's genetic information is disclosed. The inevitable need to protect people from discrimination by employers and businesses secondary to genetic information became clearly evident leading to efforts culminating in the passage of the Genetic Nondiscrimination Act (GINA) which was signed into law in 2008. This paper will clearly present a comprehensive summary of the significant events which resulted in the adoption of the Genetic Information Nondiscrimination Act. The interpretation and application of the Genetic Information ... Show more content on Helpwriting.net ... There were approximately 300 genetic tests available that time. It is significant to note that the reference sequence of human genome was completed by Scientists in April 2003 (Hudson et al, 2008) and current genetic tests encompass over 1500 conditions. Barclay and Markell (2007) explained the ability to establish and document a person's genetic composition is known as genetic mapping. It must be noted that genetic mapping was achieved through the Human Genome Project (HGP) as a collaborative international research program (Barclay & Markell, 1999). Genetic information was considered to be adequately different from other health related information thus the need for special legal protection (Ginsburg, ... Get more on HelpWriting.net ...
  • 34.
  • 35. Persuasive Essay On Genetic Discrimination Whether an employer or health insurance company should have access to your genetic information can one day be the difference between having a job and health insurance to having neither. Even though it's prohibited for an employers to ask or request for genetic information there will be people who voluntary provide that information. Those who do provide genetic information might be doing themselves more harm than good. Many are against providing their genetic information as they fear it could lead to genetic discrimination and prevent them from acquiring the proper insurance needed to cover health problems or obtain employment (National, 2002). To prevent genetic discrimination laws like "The Americans with Disabilities Act" (ADA), "The Genetic Information Nondiscrimination Act" (GINA), and "Affordable Care Act" (ACA) have been passed to prevent insurance companies from denying coverage or increasing rates, employers from denying work, prohibit discrimination in public services areas, and prohibits the discrimination against those who need accommodations (National, 2017). While providing genetic information is not required, some employers feel that's its necessary to have this information. If an employer is are able to access a person genetic information they can to determine whether the person poses a risk to themselves or to those around them (Midwest, n.d). Allowing an employer or insurance company to have access to your genetic information could lead to genetic ... Get more on HelpWriting.net ...
  • 36.
  • 37. Genetic Testing Research Paper Should Society or an Individual bear the cost and consequences of genetic screening and genetic tests STATEMENT OF THE ISSUE With the kind of packages many employees get in corporate America, part or full health coverage is a very common perk. Through these health benefits, employees undergo many different tests because they are subsidized. In some cases, general health checkups are also required by the employers. The results of these tests contain sensitive information and handling of that information can directly affect the patient's employment at the company. The issue lies in the confidentiality of the information amongst the employer, employees and the healthcare providers. The Genetic ... Show more content on Helpwriting.net ... For example, people may not know that BRCA1/2 are genes that have risk of cancer of about 25%– 90% but it doesn't necessarily indicate that they will get breast cancer in the future (Morris, 2010). Genetic discrimination by employers and insurers are the main culprit for not protecting the privacy of an individual. Impact on family Due to germline mutation(passed via sperm or egg to offspring). This can suggest risk associated with it in the bloodline of the relatives (McGuire, 2008). Also if a child is adopted and is not aware about his/her adoption and finds out that his/her adopted parents have risks of chronic heart condition then they might alter their lifestyles thinking that they can get serious heart conditions in future. Expensive and Time consuming Genetic testing is expensive and time consuming. ... Get more on HelpWriting.net ...
  • 38.
  • 39. Do Employers Discriminate Against People With Disabilities Do employers discriminate against people with disabilities and as well between man and woman? How long has employer discrimination been around? It was passed in 1990 the (ADA) another known as the Americans with Disabilities Act." This was put here to prohibit discrimination against disabled individuals working in public places. As well as in the Telecommunications, therefor saying you cannot, not give someone a job because they have a disability and that does mean you can't be mean to they as well. ADA sees a "disabled" person as one who has "a physical or mental impairment which substantially limits one or more major life activities. " Since it was passed, courts are straggled with determining which impairments falls under this classification. The Supreme Court asked the question of when, during the progression of AIDS, people become watched by the ADA. In a little case called the Bragon v. Abbott there were 5–4 decision, the court held the people that was infected with HIV, HIV causes AIDS, protected from discrimination under the ADA even if they have no AIDS–related symptoms" (Muhl). Some people think just ... Show more content on Helpwriting.net ... They are here to report that the company pledged not to use personal data of employees with what the Reuters say was the first major movement corporation to safeguard a new category of privacy. Refraining from using the stats in determining to ability to work for health care or benefits plans was also done by the group as we were talking about earlier IBM. This pledge is here to show the congress did debate a proposed privacy bill that would put its foot down and give people with a disability hope of getting that job they applied for and not allowing discriminating against people with a personal predisposition to disease. There is a number of available tech jobs posted on Dice.com as of September.30, and the number of those jobs available is ... Get more on HelpWriting.net ...
  • 40.
  • 41. Questions on Employee Benefits EMPLOYEE BENEFITS WEBSITE 6 Q1.Describe the major features of this website and how each feature can be used to monitor employee benefits. The website provides links to various sources of information provided by federal agencies for employees and employers seeking clarification about the benefits they are owed and to which they owe others. The website answers FAQs, provides benefit 'cheat' sheets to educate employees about their rights, and offers online publications about health plans, retirement plans, and other benefits. Website surfers can request assistance from a benefits adviser online, to provide more objective information about their coverage than a member of the HR staff at their current employer. For example, the Health Benefits Advisor "is designed to help workers and their families better understand their federal right concerning access to health coverage, whether provided through a group health plan or otherwise, especially when they experience changes in their life and work situations––such as marriage, childbirth, job loss or retirement" (Health Benefits Advisor, 2012, e–laws). For employees who may not be comfortable with the written materials on the website, there are videos explaining benefits in what is hoped to be easily–understandable language. According to the website, the organizational mission statement of the Employee Benefits Security Administration "is to assure the security of the retirement, health and other workplace related benefits of ... Get more on HelpWriting.net ...
  • 42.
  • 43. Age Discrimination Case Considering the case is being filed due to police officers and public safety dispatchers over the age of 40 filed suit pursuant to the Age Discrimination in Employment Act (ADEA) and are complaining of the "disparate impact" of the award. I feel they have a case considering the age discrimination definition by the ADEA and FCRA. The City of Tampa would be held responcibile for the prima facie evidence because employment records would state the employees age and the start date of employment along with promotions and raise. In regards to the City of Tampa giving higher raises to the employees under 40 received raises of more than 10 percent while less than half (45.3 percent) of those over 40 did. Second, the average percentage increase for ... Show more content on Helpwriting.net ... Another case which is associated with age discrimination and payroll alteration has been court appointed to reimburse the lost of payroll funds to the effected parties. This case is associated with the Brentwood Fire Department Eastern District of New York was resolved on 3/16/11 by New York District Office. The Commission alleged that between 1990 and 2004, Defendant prohibited volunteer firefighters over age 62 from accruing credit toward a "length of service award," the equivalent of a retirement pension, because of their age. As a result, the senior firefighters kept working but did not receive credit for their service once they reached 62. "Case settled for $465,600 in monetary relief, retroactive payments to 28 class members and increase in pension payments for 20 others." Along with the reimbursement of funds, the company was also required to include injunctive relief such as, elimination of age restriction on service credit, training and institution of anti–discrimination policy. The Brentwood Fire Department case isn't as different from the Florida case. If the evidence is able to prove that discrimination has occurred then the employees should be reimbursed for the funds which were ... Get more on HelpWriting.net ...
  • 44.
  • 45. Genetic Testing Persuasive Essay What would you do if an immediate family member of yours developed a popular genetic disease and there was a possibility of you having it? Wouldn't you want to know whether or not you had it as well, in your genes? Genetic testing allows for people to know if they have a certain genetic disease, if they need to get a certain treatment plan set up, or if there are ways to prevent it from becoming present or visible in the body. Genetic Discrimination is no longer legally allowed, meaning that there is no longer a need to fear the possibility of your genetic information getting into the wrong hands. Genetic testing should be done by anyone who may have a chance of developing any type of disease that could be life–threatening or not. Genetic ... Show more content on Helpwriting.net ... Although it is greatly feared that your genetic information will get in the hands of the wrong person, it is now protected by the law. Genetic Discrimination is no longer allowed because both federal and state laws have been made against allowing employers and insurance agents to discriminate you based on a genetic disease you may have. These laws are part of the GINA – Genetic Information Nondiscrimination Act. There are two titles within GINA, Title One prohibits Genetic Discrimination in Health Insurance and Title Two prohibits Genetic Discrimination in Employment. Others may argue that genetic testing is unreliable and does not work to detect genetic diseases in all parts of the body. "Among the variety of genetic tests, some yield high rates of false–positive and false–negative results, while others are characterized by findings that are precise but of uncertain clinical or predictive value" (1998, Hastings Center Report, 15–21). Although that may be true, there can be tests done in other parts of the body to get better results instead of the false results. Taking blood from another location in the body will allow the patient to get the true positive or negative that they need to tell if they have the ... Get more on HelpWriting.net ...
  • 46.
  • 47. Equal Employment Opportunities Commission History of Equal Employment Opportunities Commission The Equal Employment Opportunity Commission opened their doors on July 2, 1065 – one year after President Lyndon B. Johnson signed the Title VII of the Civil Rights Act of 1964. Title VII makes it illegal for an employer to discriminate in hiring by a person's religion, national origin, sex, color, or race. The Equal Employment Opportunities Commission is also responsible to enforce the Equal Pay Act, the Age Discrimination in employment Act, the Genetic Nondiscrimination Information Act, and the American with Disabilities Act. The Equal Employment Opportunities Commission is a five– member, bipartisan commission whose mission is to eliminate discrimination. The members are elected ... Get more on HelpWriting.net ...
  • 48.
  • 49. Ethical Violation In Genetic Research Although this technology may seem like science fiction, the consequences it can bring, most specifically surrounding privacy and ownership, can be overwhelming. Genetic information is different than any other type of information because it is biologically unique. John Quackenbush, a Harvard professor of computational biology and bioinformatics, explains: "As soon as you touch genomic data, that information is fundamentally identifiable...I can erase your address and Social Security number and every other identifier, but I can't anonymize your genome without wiping out the information that I need to analyze" (Shaw). As the use of big data continues to expand, so does the risk of security for an individual's genome. An important aspect of genetic ... Show more content on Helpwriting.net ... In 2008, Congress passed the Genetic Information Nondiscrimination Act (GINA), which "protects Americans from being treated unfairly because of differences in their DNA that may affect their health" (NIH). When people discover that they are more at risk for a genetic disease, potential employers or insurance companies are forbidden to use this information against them. Consequently, people are not as hesitant to perform genetic testing or participate in research because the information they gain cannot be used at their disadvantage. Additionally, genotyping companies such as 23andMe have clear, publicly available privacy statements that participants are free to read before they agree to send in their DNA. They assure potential consumers that "personal information and genetic data are stored in physically separate computing environments" and "software, hardware and physical security measures [are used] to protect the computers where customer data is stored" (23andMe). Even though genetic data cannot be fully anonymized, measures are being taken to promote the security of an individual's personal ... Get more on HelpWriting.net ...
  • 50.
  • 51. Pros And Cons Of Genetic Testing The topic of genetic testing is laced with controversy. The question at hand is "Does genetic testing provide more advantages or disadvantages?" There are plenty of well–researched and well– articulated arguments on each side of this discussion. During my time researching the topic, I flip– flopped my position multiple times, something that could very well continue to happen as I deepen my understanding of the issue. My current opinion is that despite the many advantages of genetic testing, the disadvantages still outweigh them. I feel this way for a variety of reasons: 1) Preimplantation Genetic Diagnosis is eerily similar eugenics; 2) Discrimination may occur as a result of the information provided by genetic testing; 3) Abnormal results may cause depression or anxiety even if that person does not suffer from a particular disease. Preimplantation Genetic Diagnosis (PGD) is when a couple with one or more genetic mutations will seek screening to determine which embryos will be transferred into the uterus to continue development. This is done to ensure that their child will not be born with the mutation. While the intentions may be good, this way of thinking comes dangerously close to eugenics. Eugenics is a ... Show more content on Helpwriting.net ... One way this can occur is that when genetic testing reveals that you have a higher chance of developing a certain disease, certain insurance companies may refuse you coverage. The issue was recognized and on May 21, 2008 the President signed the Genetic Information Nondiscrimination Act (GINA) in effect. Unfortunately, this law only protects citizens from health insurance companies and employers. It does not grant anyone the right to life insurance, disability insurance, or long–term insurance. It is legal to refuse people all three of those forms insurance based on the results of their genetic testing. Genetic testing opens up another door for discrimination in our ... Get more on HelpWriting.net ...
  • 52.
  • 53. Genetic Discrimination In The Workplace On the National Human Genome Research Institute website they provide various information about different issues such as health, genetics, and education. One main issue that they provided information on is genetic discrimination. They describe this issue as discrimination that can be toward an individual based on their genetics. To address this issue of possible discrimination, the Genetic Information Nondiscrimination Act was put into law in 2008. This law prohibits discrimination in the workplace and by any health insurance issuers. There are also other legal protections against genetic discrimination by employers, issuers of health insurance, and any others who may use genetics to discriminate. The Genetic Information Nondiscrimination Act, ... Get more on HelpWriting.net ...
  • 54.
  • 55. Genetic Engineering Of Food Products Essay Genetic engineering of food produce is considered a miracle technology. Many speculate that this discovery has the possibility to end world hunger. By mass producing and marketing produce, the associated costs will decrease. With lower production costs for crops, healthy options will not only be more accessible, but more affordable for customers as well. Some even contend that the overall health of the general population will improve. How does this affect the healthcare industry? If we can genetically modify food, why not humans? By accepting and utilizing engineered produce as a viable food source, many express it would eliminate the need for trade, because each country would be capable of producing its own food. Which corporation(s) would corner the market? If genetically engineered goods permeate the market, a trading would become obsolete. An intense plunge in the value of produce would agitate the stock market. The eradication of trading produce would cripple most, if not all, economies (Gandel, 2010). Though genetic engineering of food has drawbacks, the benefits arguably may manage to outweigh them. The total dissolution of world hunger is an impressive feat. But, do the perceived benefits of genetic engineering make the hassle of starting a business worthwhile? Have the potential threats to democracy along with the socioeconomic implications associated with the utilization of new and emerging human engineering technologies thoroughly been considered? ... Get more on HelpWriting.net ...
  • 56.
  • 57. Genetic Discrimination: What Is The Key Purpose Of GINA? Genetic discrimination is judgement based on one's genetic characteristics or chromosomes. In 2008, the "Genetic Information Nondiscrimination Act" (GINA) was passed, this act would prohibit discrimination based on genetics; moreover, GINA would prevent employers and health insurance providers from increasing health insurance rates based on one's genetic disposition, which I will discuss further. In this paper, I will discuss the key purpose of GINA, summarize the five congressional findings that impelled the formation of GINA. The purpose of GINA is to prevent genetic discrimination from insurance companies and employers. Genetic discrimination occurs when one judged based on their genetic characteristics or DNA. Mainly GINA was implemented to safeguard the public from discrimination and eliminate anxiety about discrimination to promote the use of genetic testing, research, and therapy. Before GINA was passed, there were five discoveries made by congress, these discoveries would be the driving force for GINA to be passed. Initially, Congress found human genetic testing to be profitable to the public, new breakthroughs through genetic testing and research would prevent and cure some illnesses and diseases. Sterilization laws were very prominent in early research, in 1905 Indiana passed laws ... Show more content on Helpwriting.net ... In contrast GINA do not protect against factors such as gender, or race as these elements are covered under the Civil Rights Act. The text describes three elements covered under GINA which include "an individual's genetic test results, information pertaining to the genetic test results of an individual's family members, and information about the patient's family history of genetic disease and disorder," (Bustillos, ... Get more on HelpWriting.net ...
  • 58.
  • 59. Genetic Testing Ethical Issues Genetic testing is becoming more common as different types of genetic tests become available to the public. There are diagnostic tests, predictive tests, carrier tests and prenatal tests just to name a few. However, there are many ethical and social issues revolving around genetic testing. There are ethical issues involving the limitations of testing, the restriction of treatments available and the unknown implications of early prevention. There are also the social issues of potential for discrimination and the emotional impact of the test results. These are some of the major issues and concerns that are currently surrounding genetic testing. The first ethical issue is the limitation of genetic testing. One of the major problems with the ... Show more content on Helpwriting.net ... They fear their ability to obtain health insurance or employment for they might be denied due to their genetics. There is a greater fear for those individuals who seek predictive or pre–symptomatic testing because of the chance the insurance company might get the results and drop them from having insurance coverage because their cost to insure will increase dramatically. These individuals also fear current or potential job from finding out that they will eventually develop the disease and deny them the job because they will not work as much or as long as other individuals who won't necessarily develop the condition. The Genetic Information Nondiscrimination Act of 2008 protects from discrimination from health insurers and employers, but not everyone is fully protected. "More than 30 states have legislation prohibiting genetic discrimination. However, the scope of these protections differs slightly from state to state." (Genetic Alliance, para. 9, 2010) This law does not protect life or disability insurance or long term care insurance. The last issue is a social issue, which involves the emotional impact of genetic testing. The decision to do genetic testing and the results of the test do not only affect the individual being tested, but also the family of the individual. Guilt is often felt by the parents of the child, but also with the individuals whose test results are negative when their siblings test(s) is/are positive. There is also the possibility of the way that people interact with the individual changes after the results are back, which could lead to discrimination or ... Get more on HelpWriting.net ...
  • 60.
  • 61. Eeoc Nvq 1. The EEOC is in place to protect the rights of individuals in the workplace. They are also laws in place that protects employees from being punished for reporting discrimination. Laws of the EEOC include: – Title VII of the Civil Rights Act of 1964 protects people from being discriminated against due to who they are and what they look like this includes skin color, religious preference, where they come from and sex of the person. Title VII was amended to include the protection of pregnant women. – The Equal Pay Act of 1963 is in place to make it so men and women are paid the same if they are performing the same jobs. It gives equality in the workplace between men and women. – The Age Discrimination in Employment Act of 1967 means that ... Get more on HelpWriting.net ...
  • 62.
  • 63. Non-Discrimination Act Of 2008 Nondiscrimination Act of 2008 with respect to the acquisition and disclosure of genetic information. Genetic information includes information about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, employees, or their family members. If you have any questions about this policy or believe you have been subjected to harassment or discrimination in violation of this policy, you should immediately report the matter to Human Resources or you supervisor, or any other member of management with whom you feel comfortable. The greatest discretion will be utilized in investigation and, where ... Get more on HelpWriting.net ...
  • 64.
  • 65. The Hiring Process and the Laws That Govern It The Hiring Process and the Laws that govern it Jeremy Pesek National American University Abstract Human resource departments spend many hours trying to recruit and hire quality employees. This is done by following the laws set forth in the hiring process. This research will benefit an organization to better understand the laws and find quality employees. Making sure they follow these laws and methods they will be able to make the best selection for the 'fit' of the company. This will apply to large or small companies. Following a good process and knowing the laws will make for a good fit for both the employer and the employee. The Hiring Process and the Laws that govern it There are many laws that help regulate the hiring ... Show more content on Helpwriting.net ... This applies to job application procedures, hiring, advancement and discharge of employees, workers ' compensation, job training, and other terms, conditions, and privileges of employment. Covered entity can refer to an employment agency, labor organization, or joint labor–management committee, and is generally an employer engaged in interstate commerce and having 15 or more workers. (Human Resource Management Instructional Materials 2009) The ADA requires employers to make reasonable accommodations for and know disability for people who are qualified to do the job. Although reasonable can be defined differently by different people you should consult with the person for whom you are making these accommodations to help define reasonable. A short section of the Rehabilitation Act of 1973 noted as Section 503 prohibits employment discrimination by Federal government contractors and subcontractors with contracts of more than $10,000. (Human Resource Management Instructional Materials 2009) Overall the Rehabilitation Act of 1973 prohibits discrimination on the basis of disability in programs conducted by Federal agencies, in programs receiving Federal financial assistance, in Federal employment, and in the employment practices of Federal contractors. These standards are the same as the ones used in Title I in the Americans with Disabilities Act spoke about earlier. The Genetic Information Nondiscrimination Act of 2008 ... Get more on HelpWriting.net ...
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  • 67. Mandatory Employee Wellness Programs Laws to consider Triumph Industries Inc. should be aware that according to Genetic Information Nondiscrimination Act (GINA) signed in 2008, generic screening is not allowable. This act protects Americans against discrimination based on their genetic information when it comes to health insurance and employment [5]. The law has two parts: Title I makes it illegal for health insurance providers to use or require genetic information to make decisions about a person's insurance eligibility or coverage. This part of the law went into effect on May 21, 2009. Title II makes it illegal for employers to use a person's genetic information when making decisions about hiring, promotion, and several other terms of employment. This part of the law ... Show more content on Helpwriting.net ... If Triumph Industries Inc. has employees 40 years old and over it should pay attention to the Age Discrimination in Employment Act (ADEA) that prohibits employers from discriminating against individuals because of age. This is one more regulation that conflicts with mandatory wellness programs that require employees to achieve a certain health standard without adjusting for the age of employees. Any wellness program requiring workers to hit a certain level or score – such as blood pressure or cholesterol – must make allowances for differences in age and health conditions of older employees. Otherwise, it may violate the ADEA. Triumph Industries Inc should be aware of certain other statutes that work on a state level when implementing a wellness program especially when the company operates in different states. For instance, many states have passed lifestyle discrimination statutes that protect employees from being discriminated for engaging in off–duty lawful activities, even if those activities are unhealthy. California, employers may not discriminate against an employee or applicant for lawful conduct occurring during nonworking hours away from the employer's premises [9]. There is one more document that should be taken into consideration. The Employee Retirement Income Security Act of 1974 (ERISA) that sets minimum ... Get more on HelpWriting.net ...
  • 68.
  • 69. Arguments Against Genetic Discrimination Genetic discrimination happens when people are treated with bias standards by their employer or insurance company because they have a genetic predisposition that causes or increases the risk of an inherited disorder. Subsequently, this information can be used to discriminate against or stigmatize individuals on the job because they possess particular genetic traits. The Genetic Information Nondiscrimination Act (GINA) provides federal protection from genetic discrimination but it also protects the genetic privacy of individuals in health insurance and employment (Levin, 2013). There are five congressional findings that have helped to create the final GINA law. First, human medical advances are discovered each day. One way of achieving these goals are comprehending the human DNA and how it functions. Another scientific approach is to uncover the potential key to the genetic break down that causes biological aspects to human diseases. The encoding of this information could give insights of the causes and may allow advance medical treatment to intervene earlier in the disease pathways and possibly find a cure. These advances may be the significant aspects to regulating ... Show more content on Helpwriting.net ... Given that some specific genetic disorders are more predominant in a population group can result in judgmental aspects toward that particular person or group. For example, a person that has mention publically that they are a carrier of Huntington's disease can experience the perceptions of discrimination from insurance companies, relatives and in social settings; although they may not be showing any symptoms of the disease. Although this disease may not occurs in one population group, the duration may only give a person 15–20 life span after diagnosis which could affect the way a person could be considered in a long term approach in ... Get more on HelpWriting.net ...
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  • 71. Privacy In Law Enforcement Essay In law enforcement, protecting lives, safeguarding property, and reducing crime is constantly challenged by increasingly sophisticated criminal activities. Governments and law enforcement agencies strive to stay ahead of offenders and ensure the safety of law enforcement professionals relying more and more on rapidly changing technology. In–car camera systems, for example, are now valuable tools used to ensure and validate a high degree of officer professionalism (Schultz, 2016). But as criminal activities and technology changes, so does society's views on justice. Issues related to Constitutional protections and citizens privacy as well as how defendants and victims are treated have been debated for a long time in the U.S. ("21st Century", n.d.). Privacy, especially, is a sensitive but pertinent subject in law enforcement as the use of new technologies heighten concerns about adequate safeguards and misuse of information. Genetic information, such as ... Show more content on Helpwriting.net ... The Antisocial Factor is a gene associated with an increased risk of antisocial behavior ("The ASF Gene", n.d.). Persons with the gene are four times more likely to commit a felony from the ages of 18–30. Although the gene may predict a person's propensity for criminal behavior, the government should not make testing mandatory. Just because people might have the genetic trait does not mean they will actually participate in criminal behavior. People who inherit the sickle cell trait from their parents, for example, may not ever display any symptoms of the disease and live normal lives ("Sickle Cell", 2015). In addition, a study by Appelbaum and Scurich (2014) revealed that sharing a defendant's genetic predispositions could be stigmatizing. Since people tend to link violence with metal disorders, it creates a social distance possibly resulting in more punitive findings and more jail time for ... Get more on HelpWriting.net ...
  • 72.
  • 73. The Genetic Information Nondiscrimination Act Of 2008 (... 1. Official Title of the Law The Genetic Information Nondiscrimination Act of 2008 (GINA) is an act of Congress that give individuals federal protection against genetic discrimination concerning insurance and employment; the federal law was enacted on the 21st of May 2008 (U.S. Equal Employment Opportunity Commission, n.d.). GINA forbids group health organizations including health plans and insurers from denying insurance to a person or charging them a higher fee grounded on their genetic information that may indicate their susceptibility to developing a certain disease in the future. The Genetic Information Nondiscrimination Act of 2008 (GINA) equally prohibits employers from conducting job allocations, hiring, firing as well as promotion decisions based on their individuals 'genetic information. GINA includes revisions to the Employee Retirement Income Security Act of 1974 and the Internal Revenue Code of 1986. GINA comprises of two titles; title one bans genetic discrimination involving health insurance, and title two makes it unlawful to discriminate against employees based on their genetic information. This paper will out more emphasis on title one. 2. Health Care Organization's Obligations to meet Patients' Legal Rights A lot of people in the United Sates are unwilling to participate in studies or undertake any genetic screening that may expose them to discrimination grounded on their genetics. That has patients from volunteering to take part in research ... Get more on HelpWriting.net ...
  • 74.
  • 75. Genetic Discrimination Essay Genetic Discrimination The fear of genetic discrimination is a phobia gripping many people around the world. People find themselves asking, could my genetic information raise my health bills? Could this cause me to be rejected from a job opportunity? These anxieties are causing people to lash out at genetic research, and ultimately the human genome project. People do not want our understanding of human genomics to advance. This is because the risks of the development of the technology could inflict on them. A major risk is genetic discrimination. I believe that genetic discrimination is wrong and governments should continue to prevent it because it is an invasion of privacy, it violates equity, and it could really hurt people with genetic ... Show more content on Helpwriting.net ... I fully support these laws because I am against genetic discrimination. Many risks could be poised if genetic discrimination was legal. First of all, it is invasion of privacy. Your genetic information is YOUR genetic information. It is not anyone else's business and you should not be required to make it public. If genetic information was a requirement when applying for a job or health insurance, people could make biased opinions and that almost immediately ends your chance of getting what you applied for. Therefore, people with genetic disabilities would have a hard time facing the discrimination. These people would be lucky to get a job and their health bills would go through the roof. I think that having a disability does not mean you are not able to be a reliable worker, and it also doesn't necessarily mean your health will be significantly impacted. Besides, it is wrong to discriminate against people just because of who they are! In addition, genetic discrimination does not promote equal opportunities. For example, in Hong Kong three men were denied the opportunity in being in the disciplined forces (law enforcement) because a parent had schizophrenia. Schizophrenia is a mental disorder that hurts a person's ability to process their thoughts, and overall makes them prone to emotional responses. ... Get more on HelpWriting.net ...
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  • 77. Health Portability And Accountability Act ( Hipaa ) What is Genetic Discrimination? Genetic discrimination arises when people are treated different, or discriminated against, because they have a genetic mutation that causes –or increases the risk of– a heritable disorder. Example: if people take part in a medical study, is it right for their results be used against them? Background: – Knowledge of the human genome, and an increase in the availability of genetic testing at lower cost has made genetic testing more popular. – Results provided through genetic testing enables doctors to be more informed in terms of their patients; allows regular screening practices, or treatment planning at early stages. (Genetics Home Reference, 2017). Who has access to Medical Records: Health ... Show more content on Helpwriting.net ... –Employers do not want to be liable for employees. Discrimination against people who are at risk for a certain disease is more profitable because it will potently save the company a substantial amount of money. –both feel that they are the ones who are at a loss, and gain no benefit from the law. (Council for Responsible Genetics, 2001). Position: Laws like GINA should be improved to allow citizens to have more privacy with their genetic information. Universal Healthcare would completely eliminate all occurrences of genetic discrimination. Insures companies and employers should not have access to our medical records. – individuals should not be punished for something they cannot control. – It can affect anyone; a study analyzed the DNA of 179 people, estimating that ranged from just a handful up to 100 or more serious disease– associated mutations (Xue et al., 2012). – Insures and employers should not have access to medical records because it encourages discrimination based on genetics. Genetic Testing:
  • 78. Linkage Testing Purpose Linkage testing is a type of indirect DNA testing used to narrow in on the location of a disease– causing gene within a family. It is typically used when the gene for a condition is undiscovered or when a family is thought to have a rare or unique mutation. Linkage can be used for diagnostic, carrier, and prenatal testing. (Genetics and Social Science, 2017). How it 's done ... Get more on HelpWriting.net ...