2nd quarter 2004

Switzerland passes law on genetic testing

Insurers who intentionally demand predictive genetic tests or the disclosure of results of previous predictive genetic tests or who ask for such tests as part of a risk clarification or make use of such results could face imprisonment or a fine.

Insurers who intentionally demand predictive genetic tests or the disclosure of results of previous predictive genetic tests or who ask for such tests as part of a risk clarification or make use of such results could face imprisonment or a fine. This is the gist of the Swiss Federal Law on Genetic Testing on Humans that was ratified first by the National Council and now by the Council of State (Ständerat) in June 2004. Among the most highly controversial provisions was the one that prohibits insurance companies from investigating a person's genetic make-up.

The Act expressly forbids discriminating against persons on the basis of their genetic make-up. The right to self-determination, including the "right not to know", must be guaranteed at all times. This grants each and every person the right to withhold information about their genetic make-up.

The Act expressly forbids discriminating against persons on the basis of their genetic make-up. The right to self-determination, including the "right not to know", must be guaranteed at all times. This grants each and every person the right to withhold information about their genetic make-up.

Under Part 5 of the Act ("Genetic examinations in the area of insurance"), Section 26 (Prohibition on genetic examinations) states that insurers may demand neither presymptomatic (= predictive) nor prenatal genetic tests as the proviso for establishing an insurance relationship.

Section 27 (Prohibition on investigations) mentions a series of insurances in which insurers of the proposer may neither demand nor use the disclosure of results from previous presymptomatic or prenatal genetic tests or family planning tests.

This affects life policies up to a sum assured of Sfr 400,000 and voluntary disability insurances involving annuity amounts up to Sfr 40,000. If a person takes out several life or disability policies, the maximum sum insured of Sfr 400,000 or Sfr 40,000 may be exhausted only once. The proposer must inform the insurer accordingly.

The Swiss Ministry of Justice believes that the final vote may occur in the September session of parliament. However, this is not sure. The law is expected to enter into force on 1 July 2005 at the earliest.

The Swiss Act is similar to the voluntary code of conduct of the German Insurance Association (GDV). Insurers in both countries are not allowed actively to have genetic tests done, and sum limits apply to genetic tests already carried out. The sum limits in Switzerland are ?264,000 and/or ?26,400 and so differ very little from the German ones (?250,000 for life policies and/or ?30,000 for annuities. The sum limit in both countries applies per person and not per insurance contract. The main difference between both countries is that violations in Switzerland are subject to punishment.