scholarly journals Practical Importance of Genetic Research Results when Developing an Insurance Product for Personal Insurance: International Experience

2019 ◽  
Vol 8 (2) ◽  
pp. 4123-4127
Keyword(s):  
Genetic Information ◽  
Insurance Coverage ◽  
Practical Importance ◽  
Genetic Research ◽  
Modern Science ◽  
Insurance Companies ◽  
Research Results ◽  
Insurance Product ◽  
The Right ◽  
Personal Insurance

This article considers the practical importance of genetic research results when developing an insurance product. The modern science, which allows obtaining information not only about the current state of health, but also about the risks of various diseases, challenges the possibility of using genetic information in insurance. The main goal of the study is to consider the possibility to use genetic information when concluding a personal insurance agreement for assessing the risks of an insured event, taking into account long-term obligations of insurance companies. The methods of collecting and studying singularities, generalization methods, scientific abstraction methods, and method of inquiry into regularities were used in the article. It has been concluded that it is necessary to use a differentiated approach when using genetic information in insurance. Full protection against genetic discrimination requires to completely prohibit insurance companies to use any information about genes, gene products, or inherited characteristics as a basis for refusing or limiting insurance coverage. The only area where it is allowed to use genetic information is medical insurance because it is impossible to postulate the right to life insurance without genetic testing if the agreement provides a broader insurance coverage. In order to maintain a balance of interests between insurants (insured persons) and insurers, it seems acceptable to use genetic information when concluding voluntary life and health insurance agreements that, above all, provide annuity payments. It is necessary to use genetic information in insurance when assessing the risks of real occurrence of a genetic disease. This approach will allow to practically minimize risks of insurance companies and to take into account the interests of an insured person.

scholarly journals LEGAL REGULATION OF GENETIC RESEARCHES IN THE RUSSIAN LEGISLATION IN THE CONTEXT OF THE PROBLEM OF GENDER VERIFICATION IN SPORT

Issues of Law ◽  
2020 ◽  
Vol 20 (3) ◽  
pp. 35-41
Author(s):  
N.P. Istomin ◽  
◽  
Suvorova E.I. Suvorova ◽  
S.S. Zenin ◽  
◽  
...  
Keyword(s):  
Family History ◽  
Genetic Information ◽  
Insurance Coverage ◽  
Self Regulation ◽  
Genetic Research ◽  
Personal Data ◽  
Relevant Information ◽  
Legal Regulation ◽  
The Right ◽  
Different Levels

Modern achievements of geneticists, which have made it possible to map the genes of inherited diseases, have set the legislator a rather difficult task to determine the grounds and limits of the use of relevant information in various spheres of public life, including insurance. At the same time, in some countries, the emphasis is on legislative regulation, which in the case of a Federal structure of the state can be carried out at different levels (USA, Canada), in others, more importance is attached to self-regulation (great Britain, Australia). The range of issues covered by the regulation is very diverse in both cases and may include: assessment of the possibility of referral for genetic research, which is usually excluded, access to existing results of genetic research, which may be restricted by a ban on their use; the right to collect genetic information without conducting genetic testing, which is recognized by the actual practice of analyzing family history; determining the conditions and limits for the use of genetic information, which are usually associated with obtaining the consent of the policyholder, ensuring the confidentiality of personal data and only for the purposes for which it was collected; establishing a correlation between the exercise of the right to access genetic data and the amount of insurance coverage, which may decrease if favorable data is obtained that contradicts the conclusions made on the basis of family history

scholarly journals Genetic Discrimination in the Workplace

1998 ◽  
Vol 26 (3) ◽  
pp. 189-197 ◽  
Author(s):  
Paul Steven Miller
Keyword(s):  
Genetic Information ◽  
Medical Information ◽  
Genetic Research ◽  
Early Death ◽  
Genome Project ◽  
Insurance Companies ◽  
Carrier Status ◽  
Genetic Tests ◽  
Increased Risk ◽  
The Human Genome Project

The surge in genetic research and technology, fuelled in large part by the Human Genome Project, has resulted in the continuing expansion of the range of genetic tests and other genetic information available to physicians, insurance companies, employers, and the general public.’ Genetic tests can provide presymptomatic medical information about an individual, including information about an individual's increased risk of future disease, disability, or early death. These tests can reveal information about an individual's carrier status, that is, the likelihood of parents passing on to their children a genetic condition, and about the health of the individual's family members. Although genetic information provides the promise of early detection and treatment of certain illnesses and disorders, it also poses risks. As a result of the increase in genetic testing and information, legal issues regarding employment discrimination on the basis of genetic information are emerging.

scholarly journals Return of Genetic Research Results to Participants and Families: IRB Perspectives and Roles

2015 ◽  
Vol 43 (3) ◽  
pp. 502-513 ◽  
Author(s):  
Laura M. Beskow ◽  
P. Pearl O'Rourke
Keyword(s):  
Genetic Information ◽  
Genetic Research ◽  
Family Members ◽  
Research Process ◽  
Secondary Users ◽  
Consent Forms ◽  
Research Results ◽  
Considerable Debate ◽  
The Subject ◽  
Genetic Results

Whether or not to offer individual genetic results to research participants has been the subject of considerable debate, yet consensus regarding what, when, and how to return remains elusive. Despite this lack of clarity, the discussion has moved to the offer of research results to family members of participants, including when the participant is deceased. Given the familial implications of genetic information, this extension is perhaps logical. But it raises concerns throughout the research process, including, for example, questions about disclosures and choices on consent forms, procedures for identifying and contacting family members, and how any such obligations might apply to secondary users of biospecimens and data.

scholarly journals Participant-Partners in Genetic Research: An Exome Study with Families of Children with Unexplained Medical Conditions (Preprint)

2017 ◽  
Author(s):  
Sara Huston Katsanis ◽  
Mollie A Minear ◽  
Azita Sadeghpour ◽  
Heidi Cope ◽  
Yezmin Perilla ◽  
...  
Keyword(s):  
Genetic Information ◽  
Research Team ◽  
Research Study ◽  
Genetic Research ◽  
Genomic Research ◽  
Active Engagement ◽  
Medical Conditions ◽  
Relevant Research ◽  
Research Results ◽  
To Receive

BACKGROUND Unlike aggregate research on groups of participants with a particular disorder, genomic research on discrete families’ rare conditions could result in data of use to families, their healthcare, as well as generating knowledge on the human genome. OBJECTIVE In a study of families seeking to rule in/out genetic causes for their children’s medical conditions via exome sequencing, we solicited their views on the importance of genomic information. Our aim was to learn the interests of parents in seeking genomic research data and to gauge their responsiveness and engagement with the research team. METHODS At enrollment, we offered participants options in the consent form for receiving potentially clinically relevant research results. We also offered an option of being a “partner” versus a “traditional” participant; partners could be re-contacted for research and study activities. We invited adult partners to complete a pre-exome survey, attend annual family forums, and participate in other inter-family interaction opportunities. RESULTS Of the 385 adults enrolled, 79% opted for “partnership” with the research team. Nearly all (99.2%) participants opted to receive research results pertaining to their children’s primary conditions. A majority indicated the desire to receive additional clinically relevant outside the scope of their children’s conditions (92.7%) and an interest in non-clinically relevant genetic information (82.7%). CONCLUSIONS Most participants chose partnership, including its rights and potential burdens; however, active engagement in study activities remained the exception. Not surprisingly, the overwhelming majority of participants—both partners and traditional—expected to receive all genetic information resulting from the research study.

scholarly journals 3409 The Power of Phenotypic Extremes in Detecting Novel Genetic Modifiers of Hemophilia

2019 ◽  
Vol 3 (s1) ◽  
pp. 23-24
Author(s):  
Ohad Shimshon Bentur ◽  
Barry S. Coller
Keyword(s):  
Informed Consent ◽  
Genetic Information ◽  
Genetic Modifier ◽  
Genetic Research ◽  
Informed Consent Process ◽  
Consent Process ◽  
Genetic Modifiers ◽  
Research Results ◽  
Study Participants ◽  
Actionable Variants

OBJECTIVES/SPECIFIC AIMS: 1. To identify novel genetic modifiers that result in a mild bleeding phenotype in patients with FVIII <1%. 2. To examine the feasibility of a practice model that incorporates the principles and methods for both obtaining consent for NGS and returning individual research results from the sources described above. METHODS/STUDY POPULATION: 1. We plan a 3-step approach for identifying novel genetic modifiers of hemophilia: a. Obtain samples from individuals with an extremely mild bleeding phenotype: The study will be narrowed to patients with confirmed FVIII <1%, a null mutation in the gene for FVIII, and a mild bleeding phenotype according to a detailed bleeding history. b. Identify variants that modify phenotype: Whole exome sequencing will be performed, followed by a focused analysis of genes known or suspected to be involved in thrombosis and hemostasis and prediction of variant impact using algorithms that account for conservation and deleteriousness of all variants. c. Verify the impact of novel variants in independent samples: In silico (analyze genetic databases for suspected variants), in vivo (assess bleeding in animal models of hemophilia after introducing presumed modifier variants). 2. We will employ a model for obtaining informed consent and communicating individual genetic research results and results with potential clinical impact to research participants: a. The informed consent process will be performed after potential participants read a pamphlet entitled “Genetic Research at The Rockefeller University Hospital and Center for Clinical and Translational Science.” The pamphlet includes 16 questions that the potential participants are urged to ask the investigator, including, “What will you look for in my genetic information?”, “Will I receive results from this study?”. Potential participants will also be informed of the meaning of clinically actionable variants, either pathogenic variants related to phenotype or secondary (“incidental”) findings (i.e. variants unrelated to phenotype, the knowledge of which could lead to actions that may improve health). Participants who do not want to receive information about potentially actionable variants will be excluded from the study to avoid a situation where the investigator has clinically important information that cannot be shared with the participant. b. Genetic testing will be performed in a CLIA-certified lab to allow investigators to share the results with the study participants. c. Results will be reported to study participants according to a standard operating procedure (SOP) that classifies the report of variants according to the relation to phenotype and the pathogenic potential. d. Participant satisfaction with the informed consent process and the return of results will be assessed by a questionnaire for obtaining participants’ perceptions of their research experience, based on a standard set of validated research participation experiences measures (Kost RG et al, J Clin Transl Sci. 2018;2:31). RESULTS/ANTICIPATED RESULTS: Samples from individuals with severe null mutation hemophilia and a mild bleeding phenotype will be enriched in genetic modifier variants. After completing participation, participants will express satisfaction with the informed consent process and the results of the return of genetic information. DISCUSSION/SIGNIFICANCE OF IMPACT: Genetic risk assessment to predict bleeding risk has the potential to provide hemophilia patients with tailored therapy, allowing for very early initiation of treatment (prophylactic thrice weekly IV administration of FVIII) in patients with a high bleeding risk and deferring this costly and burdensome treatment in patients who are expected to be mild bleeders. Genetic modifier variants of hemophilia may be found to predict thrombosis in non-hemophiliac patients and profoundly impact the treatment of venous thrombosis. A structured process for obtaining consent for NGS and return of genetic results to study participants can protect them from uncertain genetic information. Moreover, this process will prevent a situation in which investigators have knowledge about clinically actionable variants but they are not allowed to report them to the participants or do not have a process for doing so. Sharing individual research results and results with clinical significance with participants of studies that involve whole exome sequencing can promote transparency and engagement of participants throughout the research enterprise.

scholarly journals DEVELOPMENT OF PERSONAL INSURANCE IN UKRAINE IN THE CONDITIONS OF COVID-19

2021 ◽  
Author(s):  
Olena Sokyrko ◽  
Iryna Komarovska
Keyword(s):  
Health Care ◽  
Life Insurance ◽  
Insurance Coverage ◽  
Health Insurance Coverage ◽  
Insurance Companies ◽  
Insurance Contracts ◽  
Current State ◽  
Health Care Funding ◽  
The Us ◽  
Personal Insurance

The article examined the theoretical foundations of personal insurance, the basic types of personal insurance and comparison of social and personal insurance and their insurance risks. Including the current state and development of personal insurance in Ukraine in conditions of Covid-19. Analyzed the main statistical indicators of personal insurance, in particular the dynamics of life insurance companies, set of insurance premiums and insurance payments of medical and personal voluntary insurance. Rankings of life insurance companies from Covid-19 are built during the onset of the pandemic. Health care funding that provides health care fees between different groups of the population is carried out through medical insurance. World experience shows that the insurance market contributes not only to the development of the economy, but also to the solution of social problems. This reduces the effect on the expenditure part of the budget is reduced and state spending on social security of citizens, thereby opening up the possibility of solving problems of protection of the most disadvantaged groups. However, world best practices in combating pandemic Covid-19. In particular, the experience of China was considered, which showed that health insurance coverage should be provided to all to segments of the population, which greatly affected the fight against the pandemic during the fight against it. The experience of Italy showed that the country was not ready for fight against a coronavirus pandemic. The country has taken urgent measures that are aimed at supporting the most affected, both citizens and industries economics. Italian insurers offer their customers a reprieve for motor insurance, life insurance and insurance contracts entrepreneurial risks. The US experience showed that the country spends on Healthcare 11.5% of gross profit, that’s more than any country in the world. At the same time, more than 15% of citizens do not have financial protection from high costs, for medical care due to lack of insurance health policies due to high prices. The article highlights the main shortcomings and proposes certain recommendations for solving problems of personal insurance in Ukraine using certain elements of foreign experience.

KEBIJAKAN MODERASI PIDANA MATI

2017 ◽  
Vol 10 (2) ◽  
pp. 193
Author(s):  
Mei Susanto ◽  
Ajie Ramdan
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Capital Punishment ◽  
Criminal Code ◽  
Right To Life ◽  
Life Imprisonment ◽  
Research Results ◽  
Moderation Model ◽  
The Right

ABSTRAKPutusan Nomor 2-3/PUU-V/2007 selain menjadi dasar konstitusionalitas pidana mati, juga memberikan jalan tengah (moderasi) terhadap perdebatan antara kelompok yang ingin mempertahankan (retensionis) dan yang ingin menghapus (abolisionis) pidana mati. Permasalahan dalam penelitian ini adalah bagaimana kebijakan moderasi pidana mati dalam putusan a quo dikaitkan dengan teori pemidanaan dan hak asasi manusia dan bagaimana kebijakan moderasi pidana mati dalam RKUHP tahun 2015 dikaitkan dengan putusan a quo. Penelitian ini merupakan penelitian doktrinal, dengan menggunakan bahan hukum primer dan sekunder, berupa peraturan perundang-undangan, literatur, dan hasil-hasil penelitian yang relevan dengan objek penelitian. Penelitian menyimpulkan, pertama, putusan a quo yang memuat kebijakan moderasi pidana mati telah sesuai dengan teori pemidanaan khususnya teori integratif dan teori hak asasi manusia di Indonesia di mana hak hidup tetap dibatasi oleh kewajiban asasi yang diatur dengan undang-undang. Kedua, model kebijakan moderasi pidana mati dalam RKUHP tahun 2015 beberapa di antaranya telah mengakomodasi amanat putusan a quo, seperti penentuan pidana mati di luar pidana pokok, penundaan pidana mati, kemungkinan pengubahan pidana mati menjadi pidana seumur hidup atau penjara paling lama 20 tahun. Selain itu masih menimbulkan persoalan berkaitan dengan lembaga yang memberikan pengubahan pidana mati, persoalan grasi, lamanya penundaan pelaksanaan pidana mati, dan jenis pidana apa saja yang dapat diancamkan pidana mati.Kata kunci: kebijakan, KUHP, moderasi, pidana mati. ABSTRACTConstitutional Court’s Decision Number 2-3/PUU-V/2007, in addition to being the basis of the constitutionality of capital punishment, also provides a moderate way of arguing between retentionist groups and those wishing to abolish the death penalty (abolitionist). The problem in this research is how the moderation policy of capital punishment in aquo decision is associated with the theory of punishment and human rights and how the moderation policy of capital punishment in the draft Criminal Code of 2015 (RKUHP) is related with the a quo decision. This study is doctrinal, using primary and secondary legal materials, in the form of legislation, literature and research results that are relevant to the object of analysis. This study concludes, firstly, the aquo decision containing the moderation policy of capital punishment has been in accordance with the theory of punishment, specificallyy the integrative theory and the theory of human rights in Indonesia, in which the right to life remains limited by the fundamental obligations set forth in the law. Secondly, some of the modes of moderation model of capital punishment in RKUHP of 2015 have accommodated the mandate of aquo decision, such as the determination of capital punishment outside the main punishment, postponement of capital punishment, the possibility of converting capital punishment to life imprisonment or imprisonment of 20 years. In addition, it still raises issues regarding the institutions that provide for conversion of capital punishment, pardon matters, length of delay in the execution of capital punishment, and any types of crime punishable by capital punishment. Keywords: policy, criminal code, moderation, capital punishment.

SUBROGATION IN INSURANCE CONTRACT

2018 ◽  
Vol 28 (6) ◽  
pp. 1985-1991
Author(s):  
Tatjana Dimov
Keyword(s):  
Insurance Contract ◽  
Insurance Companies ◽  
Property Insurance ◽  
Insured Person ◽  
Legal Position ◽  
Insured Loss ◽  
Injured Party ◽  
The Right ◽  
Insurance Agreement ◽  
Responsible Person

Subrogation is a legal right characteristically reserved by property insurers. Subrogation occurs in property insurance and in some particular cases of liability insurance. The doctrine of subrogation operates to ensure protection of certain specific principles relevant to the property insurance including the principle of indemnification whereby the compensation received is no more and no less than a full indemnity for the insured loss or damage suffered by the insured due to loss occurrence, the principle of non-cumulation in terms of claims under the same insurance contract and the principle which excludes claiming indemnity from the person who is legally responsible for causing the loss, because otherwise the insurance contract may be an unjustified source of profit for the insured as the insured would get double recovery or paid out twice for the same claim.With the payment of the reimbursement from an insurance agreement on the insurer, all rights that the insured has towards the persons responsible for the damage up to the amount of the paid compensation are transferred. With the subrogation, the insurer takes up the legal position of the insured person and exercises his right to subrogation from the rights of the insured (derivative acquisition of the right), so that the insurer exceeds the claims in scope and amount as the insured had towards the perpetrator.Subrogation is the right of the insurer, it is not his obligation. The insurer is not obliged to use this right to transfer the rights to the responsible person.The notion of subrogation is often associated with the concept of insurance regression. But there is a difference between these two terms: recourse is the right of the insurer to claim the amount of compensation that he has paid to the insured (injured parties) from the harmful person, while subrogation is the transfer of the right (the claim for damages to the responsible person) from the insured to the insurer up to the amount of the compensation paid on the basis of an insurance contract. The right to recourse is a consequence of the existence of subrogation, i.e. transfer of the rights of the insured person to the responsible person, and which is reached by the law itself.Тhe subrogation doctrine also operates to ensure that the defendant or the person who is legally responsible for the loss shall not be absolved of liability under the civil law. Namely, the perpetrator should bear the consequences of his liability for the caused damage, and therefore the legislator of the insurer (as one of the contractual parties in insurance contract) has recognized the right what he has paid the injured party (as the contractual party in the insurance contract called the insured) to calm from the perpetrator.Furthermore, subrogation doctrine operates to ensure profit for the insurance companies whereby the reimbursement funds the claims or sum insured are covered from additionally grow; therefore, this doctrine is of great importance to the insurers.

scholarly journals Reluctance to Accept Palliative Care and Recommendations for Improvement: Findings From Semi-Structured Interviews With Patients and Caregivers

2021 ◽  
pp. 104990912110126
Author(s):  
Valeria Cardenas ◽  
Anna Rahman ◽  
Yujun Zhu ◽  
Susan Enguidanos
Keyword(s):  
Palliative Care ◽  
Controlled Trial ◽  
Insurance Coverage ◽  
Healthcare Providers ◽  
Health Condition ◽  
Insurance Companies ◽  
Structured Interviews ◽  
Care Services ◽  
Home Based ◽  
Palliative Care Services

Background: Despite some insurance plans now paying for home-based palliative care, recent reports have suggested that insurance coverage for palliative care may be insufficient in expanding patient access to home-based palliative care. Aim: To identify patients’ and caregivers’ perceived barriers to home-based palliative care and their recommendations for overcoming these barriers. Design: We conducted a qualitative study using semi-structured individual interviews. Our interview protocol elicited participants’ perspectives on home-based palliative care services; positive and negative aspects of the palliative program explanation; and suggestions for improving messaging around home-based palliative care. Setting/Participants: Twenty-five participants (patients, proxies, and their caregivers) who were eligible for a randomized controlled trial of home-based palliative care were interviewed by telephone. Results: Themes related to home-based palliative care referral barriers included reluctance to have home visits, enrollment timing, lack of palliative care knowledge, misconceptions about palliative care, and patients’ self-perceived health condition. Themes related to recommendations for overcoming these obstacles included ensuring that palliative care referrals come from healthcare providers or insurance companies and presenting palliative care services more clearly. Conclusion: Findings reinforce the need for additional palliative care education among patients with serious illness (and their caregivers) and the importance of delivering palliative care information and referrals from trusted sources.

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