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The Proactive Patient: Long-Term Care Insurance Discrimination Risks of Alzheimer's Disease Biomarkers. | LitMetric

The Proactive Patient: Long-Term Care Insurance Discrimination Risks of Alzheimer's Disease Biomarkers.

J Law Med Ethics

Jalayne J. Arias, J.D., M.A., is an Assistant Professor in the Department of Neurology at the University of California - San Francisco and an Atlantic Fellow at the Global Brain Health Institute. Ms. Arias received her B.A. from Pepperdine University (Malibu, CA), her J.D. from Arizona State University (Tempe, AZ), and an M.A. in Bioethics at Case Western University (Cleveland, OH). Ana M. Tyler, J.D., M.A., is a Clinical Ethicist at Beaumont Health (Detroit, MI). She was previously the Clinical Ethics Fellow at California Pacific Medical Center (San Francisco, CA). She received her B.A. from The Ohio State University (Columbus, OH), and received her J.D., with a concentration in Health Law and Policy and her Master's degree in Bioethics from Case Western Reserve University (Cleveland, OH). Benjamin J. Oster, J.D., LL.M., M.S., is an Associate with the Cleveland Clinic Foundation Innovations group. Mr. Oster received his B.S. from The Ohio State University (Columbus, OH), his M.S. from Georgetown University Graduate School of Arts & Sciences (Washington, D.C.), his J.D. from Case Western Reserve University School of Law (Cleveland, OH), and his LL.M. from Duke University School of Law (Durham, NC). Jason Karlawish, M.D., is a Professor of Medicine, Medical Ethics and Health Policy, and Neurology at the University of Pennsylvania Perelman School of Medicine. Dr. Karlawish received his B.S. from Northwestern University (Evanston, IL) and his M.D. from Northwestern University Feinberg School of Medicine (Evanston, IL). He completed residency at Johns Hopkins Bayview Medical Center (Baltimore, MD) and fellowship at University of Chicago Medical Center (Chicago, IL).

Published: June 2018

Previously diagnosed by symptoms alone, Alzheimer's disease is now also defined by measures of amyloid and tau, referred to as "biomarkers." Biomarkers are detectible up to twenty years before symptoms present and open the door to predicting the risk of Alzheimer's disease. While these biomarkers provide information that can help individuals and families plan for long-term care services and supports, insurers could also use this information to discriminate against those who are more likely to need such services. In this article, we evaluate whether state laws prohibit long-term care insurers from making discriminatory or unfair underwriting and coverage decisions based Alzheimer's disease biomarkers status. We report data demonstrating that current state laws do not provide meaningful protections from discrimination by long-term care insurers based on biomarker information.

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Source
http://dx.doi.org/10.1177/1073110518782955DOI Listing

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