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"The school's policy seems to violate the Genetic Information Nondiscrimination Act (GINA), says Susannah Baruch of the Genetics and Public Policy Center at Johns Hopkins University. "Most generally," she says, "GINA prohibits health insurers and employers from using your genetic information against you." The law went fully into effect Nov. 21, and it prevents health insurers from collecting genetic information to make decisions about the insurance people get or how much it costs. The law also says an employer can't use it to make decisions about hiring, firing or job promotions. There are a few exceptions. The law doesn't apply to employers with fewer than 15 workers. And while it covers health insurance, it doesn't apply to life or long-term care insurance."

"A federal law designed to prevent employers and health insurers from discriminating against an individual based on their genetic predisposition to disease took effect late last month, signaling a new era where intermingling genetic advances and privacy concerns create new challenges in health care. But left out of the federal Genetic Information Nondiscrimination Act, commonly known as GINA, were privacy protections for individuals seeking long-term care, disability and life insurance coverage. Each of those areas was left up to the individual states. At least 10 states regulate the use of genetic information in long-term care insurance. But in California, privacy protections were left to expire by lawmakers in January 2008. Mark Billingsley, spokesman for state insurance commissioner Steve Poizner, said in an e-mail that there "appears to be a giant loophole" in California's insurance code regarding long-term care insurance and genetic privacy protections. He said he couldn't identify a single provision in the state code that would preclude a private insurer from requesting such a test for underwriting purposes. "