Genome Analysis and Private Insurance: Expert Report on Behalf of the Federal Ministry of Justice
On appointment of the Federal Ministry of Justice, the Institute completed a comparative law analysis on the use of genetic information as it relates to the issuance of insurance policies. The background to this assignment was the significant progress recently seen in the fields of gene and biotechnology, particularly in the mapping of the human genetic code. In the near future, it is not only likely that gene analysis will allow ascertainment of one’s predisposition for certain illnesses but also that the cost of such testing will substantially drop. It is anticipated that these developments will result in an increasing significance of gene testing as it relates to risk-assessment, in particular by the health and the life insurance industries. However, the understandable and predictable interest of insurance providers met with a widespread fear of biological “classifications” and potential impediments to insurance coverage. In some industrialized nations, this issue already resulted in either statutory regulations or an insurance industry commitment to self-regulation. In Germany, such alternatives are presently being debated.
The Institute’s comparative law study on gene analysis and insurance regulations constituted a self-contained segment of the comparative law report commissioned on insurance regulations found in Belgium, Finland, France, Greece, Luxembourg, Holland, Austria, Sweden, Spain and Australia. (See, Expert Report Commissioned by the Federal Ministry of Justice, The Development of European Insurance Law from a Comparative Perspective). Along with the above-mentioned countries, the report of the Institute also focuses on gene analysis regulations in Great Britain, Switzerland and the United States (with particular emphasis on California).
In one regard, the report examines means selected by law makers and the insurance industry for limiting the use of genetic data in issuing insurance policies. In another regard, it considers what areas should be subject to regulation, e.g. notification requirements regarding the results of already completed genetic testing and obligations to undergo genetic testing.
The report is titled "Genomanalyse und Privatversicherung - Stellungnahme des Max-Planck-Instituts für ausländisches und internationales Privatrecht" and appeared in Rabels Zeitschrift 66 (2002) 116-139.
The Ministry of Justice commissioned panel of experts, on which MPI’s Jürgen Basedow participated, presented their final report in 2004. In February 2006, the Minister of Justice proposed in principal the reform of Insurance Policy Regulations. In summer 2006 the German government submitted a bill on a new Insurance Contract Act to the Bundestag.
The Institute’s comparative law study on gene analysis and insurance regulations constituted a self-contained segment of the comparative law report commissioned on insurance regulations found in Belgium, Finland, France, Greece, Luxembourg, Holland, Austria, Sweden, Spain and Australia. (See, Expert Report Commissioned by the Federal Ministry of Justice, The Development of European Insurance Law from a Comparative Perspective). Along with the above-mentioned countries, the report of the Institute also focuses on gene analysis regulations in Great Britain, Switzerland and the United States (with particular emphasis on California).
In one regard, the report examines means selected by law makers and the insurance industry for limiting the use of genetic data in issuing insurance policies. In another regard, it considers what areas should be subject to regulation, e.g. notification requirements regarding the results of already completed genetic testing and obligations to undergo genetic testing.
The report is titled "Genomanalyse und Privatversicherung - Stellungnahme des Max-Planck-Instituts für ausländisches und internationales Privatrecht" and appeared in Rabels Zeitschrift 66 (2002) 116-139.
The Ministry of Justice commissioned panel of experts, on which MPI’s Jürgen Basedow participated, presented their final report in 2004. In February 2006, the Minister of Justice proposed in principal the reform of Insurance Policy Regulations. In summer 2006 the German government submitted a bill on a new Insurance Contract Act to the Bundestag.