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# Pink Alert: Genetic Discrimination with BRCA1 or BRCA2 Positive Gene
- URL: https://www.foodconsumer.org/pink-alert-genetic-discrimination-with-brca1-or-brca2-positive-gene/
- Published: 2010-10-08T17:01:00.000Z
- Updated: 2026-09-20T15:45:29.000Z
- Description: The 2008 Genetic Information Nondiscrimination Act bars genetic discrimination in health insurance and employment, but leaves out life, disability and long-term care insurance, where insurers can request medical records and weigh BRCA test results when deciding coverage.
- Author: Laura Lamp King
- Tags: Cancer, Avoiding Illness, #vivvo-import

Is it possible for you or your family members to be denied insurance coverage based on a positive BRCA1 or BRCA2 gene test? The answer may surprise you.

The Genetic Information Nondiscrimination Act (GINA) became Federal law in 2008 prohibiting discrimination based on genetic information in relation to health insurance and employment. However, the law does not cover life insurance, disability insurance and long-term care insurance.

According to the US National Institutes of Health, "a person’s genetic information is considered health information, and is covered by the Privacy Rule of the Health Information Portability and Accountability Act (HIPAA) of 1996\. The Privacy Rule requires that health care providers and others protect the privacy of health information, sets boundaries on the use and release of health records, and empowers individuals to control certain uses and disclosures of their health-related information."

However, when applying for life, disability or long-term care insurances, the insurance company may request a signature giving permission to access medical records, taking into consideration genetic test results when making decisions regarding coverage.

Even if physicians keep genetic test records out of medical records, a person's genetic profile can sometimes be gathered from that person's family medical history.

What are BRCA1 and BRCA2?  
 \*BRCA stands for BReast CAncer susceptibility; the numbers stand for gene 1 and gene 2\.   
 \*BRCA1 and BRCA2 are human genes that belong to a class of genes known as tumor suppressors.  
 \*In normal cells, BRCA1 and BRCA 2 help ensure the stability of the cell's genetic material (DNA) and help uncontrolled cell growth. Mutation of these genes has been linked to the development of hereditary breast and ovarian cancer.

Men who have harmful BRCA1 or BRCA2 mutations have a greatly increased risk of developing breast cancer, pancreatic cancer, testicular cancer and prostate cancer.

Women's lifetime risk of breast cancer and/or ovarian cancer is greatly increased if she inherits a harmful mutation of BRCA1 or BRCA2\. She will most likely develop breast and/or ovarian cancer before menopause and more than likely has multiple close family members who also have been diagnosed with these cancers. In addition, she will also have an increased risk of developing cervical cancer, uterine cancer, pancreatic cancer, colon cancer, stomach cancer, gallbladder cancer, bile duct cancer and melanoma.

About 60% of women with the inherited BRCA1 or BRCA2 mutation will develop breast cancer sometime in their life, while only about 12% of women without the harmful gene mutation will develop breast cancer. In regard to ovarian cancer, increased risk of ovarian cancer for women with either BRCA1 or BRCA 2 gene is about 40%, but only about 1.4% for women in the general population.

Criteria for BRCA1 and BRCA2 genetic testing:  
 \*2 first-degree relatives (mother, daughter, sister) diagnosed with breast cancer, with one being diagnosed prior to age 50.  
 \*3 or more second-degree relatives (grandmother or aunt) with breast cancer regardless of age at diagnosis.  
 \*Combination of first and second-degree relatives diagnosed with breast cancer and/or ovarian cancer.  
 \*A first-degree relative diagnosed with bilateral breast cancer.  
 \*Combination of 2 or more first or second-degree relatives with ovarian cancer regardless of age at diagnosis.  
 \*A first or second-degree relative diagnosed with both breast and ovarian cancer regardless of age at diagnosis.  
 \*Breast cancer diagnosed in a male relative.

Genetic testing, in the form of a simple blood test, is available to check for BRCA1 and BRCA2 mutations. Genetic counseling is recommended both before and after the test.

Positive test result, what's next?  
 \*Diligent breast cancer screening for early detection in the form of mammography, clinical breast exams, self breast exam and magnetic resonance imaging (MRI).  
 \*Diligent ovarian cancer screening such as transvaginal ultrasound, CA-125 antigen blood test and clinical exams.  
 \*Prophylactic surgery removing as much of the "at-risk" tissue as possible in order to reduce the chance of developing cancer; bilateral prophylactic mastectomy (removal of healthy breasts) and prophylactic salpingo-oophorectomy (removal of healthy fallopian tubes and ovaries). Neither of these surgeries offer a guarantee against developing breast or ovarian cancer.  
 \*Lifestyle choices which have been proven to increase risk of breast cancer include obesity, physical inactivity, alcohol consumption and a high-fat diet. These are choices everyone can make in order to lower their risk of cancers.

Breast cancer awareness is imperative for all men and women, and knowledge is the key. Know what the risks are, know what testing is available, glean all of the information possible in order to make critical lifestyle choices to remain healthy.