Friday, December 24, 2010

Feast of the Seven Fishes



Clay pot clam bake
This Christmas Eve we decided to attempt the feast of the seven fishes (festa dei sette pesci), a traditional Sicilian meal. It is based on the Catholic tradition of the La Vigilia di Natale, the Vigil of the Holy Night, where some Catholics abstain from eating meat. 

I think the seven fishes correlates to the seven Sacraments in the Catholic Church.[i] However, seven is an important number in other contexts--- the seven virtues[ii]; the seven hills of Rome; seven gifts of the Holy Spirit[iii]; and the seven utterance on the cross. Some Italian-American families have 9, 12, or 13 different seafood/fishes.

The meal consists of whatever is fresh where you live and your means. The "traditional" items I came across were:  eel, smelts, salted cod (baccalà), linguine with clams (Linguine con le Vongole-- one of my favorite all time dishes), calamari, and anchovies.

I am quite excited about the meal. I am also slightly anxious-- it is a lot of work and several of the recipes I have not made before. Thankfully, I am making three of my favorites dishes (Caesar salad, clam bake, and cheesecake).

Here is what we have planned:
  • Cheese antipasti (to snack on all day long); 
  • Caesar salad (with anchovies) (recipe below)
  • Clam bake with clams, scallops, and shrimp cooked in a clay pot (recipe below- adapted from The Clay Pot Cookbook by Georgia MacLeod Sales and Grover Sales); 
  • Salt cod in tomato caper sauce[iv];
  •  Lobster tail (see preparation below); 
  • Crab ravioli in a lemon butter caper sauce[v];  
  •  Italian cheese cake; and 
  •  to top it all off we plan to have a mint (it's wafer thin....).
Caesar Salad
Steven usually makes the Caesar salad which frees me up to stress over last minute details. Here is the recipe---



Mash together one tablespoon of anchovy paste, 3 cloves of garlic (minced), and two teaspoons of champagne mustard. Then add the juice of one third of a lemon and salt and pepper and mix; slowly add two tablespoons of olive oil. Toss cut up romaine lettuce with the dressing-- adjust salt and pepper and then add shredded Parmesan cheese to taste. Prior to serving add croutons.

Caesar salad
Clam Bake
The first crisis was no clams. I went to Whole Foods yesterday to check that they would have clams today. I was assured that they would. This morning-- bright and early--- I went to Whole Foods to buy the seafood and no clams. Whole Foods did some wonderful service recovery and gave me mussels as a substitute (for free). So I guess this is a mussels bake??? 


The mussel bake is really easy- first soak your clay pot for 20 minutes and then put the following into the pot (in order)---



Clay pot clam bake
Sliced onion (one onion thinly sliced); mussels (8 oz/227 g), shrimp (1 lb/454 g shells on), scallops (8 oz/ 227 g), squeeze the juice of one lemon over the seafood and then either zest the lemon and add the zest or slice the lemon and add it, 1/4 cup (125 ml) white wine, 5 cloves of garlic (whole), fresh parsley, fresh thyme, and red pepper (we used a hot lemon pepper instead of red pepper), salt, and pepper to taste. Place in a cold oven and set oven to 450 F/ 232 C. Cook for 40 minutes. Serve with bread.  Note-- sometimes I add a piece of study fish to the mixture, clams, clam juice, lobster and/or crab. Also I add whatever fresh herbs I have-- oregano, basil, thyme, ect.... Also don't forget to rinse and dry your seafood before you put it in the pot.
Mussel bake

Lobster Tail
We had frozen lobster tails and thawed them in the refrigerator overnight. We cut the shell down the middle and added butter, garlic, parsley, lemon juice, salt, and pepper. We baked the lobster tails in a 350 F/ 177C/ Gas Mark 4 oven for 8 to 10 minutes.
Baking lobster tails
Crab Ravioli


The stuffed ravioli- much easier using wonton wrappers
I cheated with the crab ravioli- not only did I make them in the morning and put them in the refrigerator-- I also used fresh wonton wrappers. It wasn't as good as fresh pasta-- but it was quick and easy (I was really worried about the timing). I  also rinsed and drained the capers (to get rid of the brine taste). I thought the lemon butter caper sauce was wonderful and complimented the crab.
Finished raviolis


 Baccalà

Baccalà
I made the tomato sauce in the morning so it would be ready and I could just heat it up and cook the fish when the dinner was almost ready. We grow hot pepper each summer and dry them-- so we used a combination of hot pepper for the sauce. I think it makes a difference. I really liked the sauce-- the combination of slightly sweet onions with the capers and hot pepper is addictive and we will be making it again.
 
Dried peppers ready to be ground
Freshly ground and ready to add to the sauce!

























[i] They are: Baptism, Holy Communion, Confirmation, Reconciliation, Anointing of the Sick, Holy Orders, and Marriage.
[ii] They are: faith, hope, charity, temperance, prudence, fortitude and justice.
[iii] They are: counsel, fortitude, knowledge, understanding, piety, wisdom, and fear of the Lord.

Sunday, December 19, 2010

Grilled Steaks Covered in Salt and Blue Cheese and Butter


The finished steaks - cheesy and buttery.
Steven and I (well mainly Steven) have developed this steak recipe over the last decade. Steven does most of the work and it is a bit of work. It is so worth it. This is our special occasion steak; it is the full fat version that other steaks are jealous of (we make sure we have biked earlier in the day so we don't feel as guilty eating it).

Preparation

Let the steaks come to room temperature
Combine equal parts softened butter and blue cheese
Butter cheese mixture














At this point light the coals for the grill.

The coals are ready.
A chimney makes lighting coals easier.
Rub Kosher salt (to taste) on one side of the steak (you will grill this side first).

Preheat oven to 500 F/ 260 C/ Gas Mark 10.
Cut butter into tablespoon pieces- one for each person eating

Create a "heat proof" place mat for each person eating-- the plates are coming out of the oven and will be HOT



Cooking (Scratch that - Grilling)
Grill the salt covered side first; when you flip the steak cover the cooked side with the cheese butter mixture.
Meanwhile place plates in oven to heat



Once the steaks are cooked to the desired temperature (you may want to under cook them slightly) take the plates out of the oven and put one piece of butter on each plate (it will sizzle) -- put the steaks on the heated plates (on top of the butter) and carefully enjoy.
Hot steak and hot plate with the butter melting on the plate



Blue cheese covered steaks
We served ours with crostini (toasted bread smothered in olive oil and garlic), a simple side salad, and Seghesio Zin. 
The bottom line: Will we have this again? Yes, we will as often as I can talk Steven into making it. 

Fleur de Sel Caramels


The finished caramels: one with salt and one without.
Candy making and baking are basically chemistry. They require following recipes and measuring ingredients (which is sometimes difficult for me - I like to improvise). Having written that, I have always been comfortable with baking and I will improvise with baking. But candy making not so much. Maybe it is the hot boiling liquids which could result in some nasty burns. Maybe it is the amount of time one spends stirring. But the results are so good that I am willing to give candy making a try. I have decided to start my foray into candy making with caramels. Full disclosure- we have made caramels before (we are crazy about caramels) so we are taking baby steps. This caramel recipe is spectacular--it makes melt in your mouth caramels.  It uses only a couple of ingredients-- so quality counts (I have notes below on two of the ingredients).

The different crystal sizes- Kosher, fleur de sel, and table salt.
Fleur de Sel

Fleur de Sel means "flower of salt". It is hand harvested sea salt, collected by scraping the top layer of salt before it sinks to the bottom of large salt pans. It is expensive (I only brought about a tablespoon for this recipe-- Whole Foods sells it by the ounce). (I did not buy the really expensive salt- hand harvested off of the coast of Brittany). It is a "wetter" salt and has a crystal size that is much larger than table salt but smaller than Kosher salt. Good substitutes would be Flor de sal, Maldon Sea Salt Flakes, and Cyprus Sea Salt Flakes. In a pinch, I think you could use Kosher salt. For an interesting article on salt tasting please see: http://www.slate.com/id/2117243/

Vanilla

Years ago I was introduced to Mexican vanilla and fell in love. I was careful to use the good vanilla only for special recipes. Then I realized that the good vanilla was one of the ways I made the recipe special. So I did some research and food out that making your own vanilla was really easy and the results were great. Now we use the good vanilla for every recipe. To make your own vanilla- buy a bottle of vodka and add two to three vanilla beans cut down the middle to the vodka. Every week shake the bottle and in two months you have a big bottle of great vanilla. I keep the beans in the vodka and it improves over time. That is all there is to it. I use the same amount of homemade vanilla as store bought vanilla in my cooking.

Caramels

2 Cups (500 ml) Heavy Whipping Cream10 Tbsp of Unsalted Butter, cut into pieces
2 Tsp Fleur de Sel
3 Cups (675 g) of Granulated Sugar
1/2 Cup (125 ml) of Light Corn Syrup
1/2 Cup (125 ml) of Water
1 Tsp of Vanilla

Line 9 by 13 (23 cm by 33 cm) baking pan with parchment and lightly oil the paper (I like to lightly oil both sides so the parchment will stick to the pan as well). I also put all of the ingredients in the sauce pans (except for the vanilla so they are ready to go).



Everything is prepped and ready to go.
 In a small sauce pan bring the cream, butter and salt to a boil and set aside.

I cut the butter into tablespoon-size pieces.
The sugar mixture starts out clear
In a large saucepan bring the sugar, corn syrup and water to a boil. Stir until sugar is dissolved then boil while swirling (not stirring) until the mixture is a light caramel color. (It feels like this step takes forever).

After the sugar mixture reaches a caramel color, add the cream
CAREFULLY stir in the cream mixture (it will boil violently). Next stir in the vanilla.  Simmer the mixture, stirring frequently until the camel registers 248 F/ 120 C on a candy thermometer. (High attitude: for every 1,000 feet/300 meters above sea level, subtract 2 F/1 C from the desired temperature).
The reaction after adding the cream mixture- Careful- it gives off a lot of steam
Boiling mixture



Carefully pour the caramel mixture into the prepared pan and cool until the caramels come to room temperature. Turn the caramels over onto wax paper and remove the parchment from the back of the caramels. Cut the caramels into bite size pieces and wrap in wax paper. We sprinkled 1/3 with fleur de sel, 1/3 we left plain, and 1/3 we dipped in chocolate. 
The caramels being poured into the prepared pan















More full disclosure- I reviewed and modified the following recipes to end up with the recipe above-- Ina Garten's recipe: http://www.foodnetwork.com/recipes/ina-garten/fleur-de-sel-caramels-recipe/index.html and Epicurious's recipe: http://www.epicurious.com/recipes/food/views/Fleur-de-Sel-Caramels-230778

The bottom line: Will we make these again? Yes, yes we will. Based on how many we eat, we probably shouldn't. They are so so good. 

Saturday, December 11, 2010

Chocolate Amaretto Bundt Cake

The finished cake. I dusted it with powdered sugar.

We are going to a Christmas party tonight and I was going to make an elaborate dessert-- but I ran out of time-- so I combined two great things- chocolate and liqueur and made a chocolate amaretto cake. It is easy to make and so yummy. It really is better the next day (the amaretto has more time to sink into the cake).  The trick to this cake is preparing the bundt pan by greasing and flouring it so the cake doesn't stick to it.

Cake Ingredients

1 (18.25 oz/ 517 g)) Package Chocolate Cake Mix
4 Large Eggs
1 (5.1 oz 145 g) Package Instant Chocolate Pudding Mix
2 Tbsp Amaretto Liqueur
1/2 Cup (125 ml) of Water
1/2 Cup (125 ml) of Vegetable Oil
1/4 Tsp of Almond Extract

Glaze Ingredients

1/2 cup (125 ml) Amaretto Liqueur
1 Cup (113 g) Sifted Powdered Sugar
1 Tbsp Melted Butter

Directions

  1. Preheat oven to 350 F/ 176 C/ Gas Mark 4. I like to let the oven preheat for 15-20 minutes.
  2.  Grease and flour a 10 inch (25 cm) bundt pan.
  3. In a large bowl, combine cake mix, eggs, instant vanilla pudding, water, oil, almond extract, and 2 tablespoons of the amaretto; blend together well. I mix the ingredients together for 2-3 minutes, stopping to scrape the bowl.
  4. Pour the batter into the prepared pan.
  5. Bake in preheated oven for 40 to 45 minutes, or until a toothpick inserted into the center of cake comes out clean. Remove cake from oven and let it cool for 20 minutes.
  6. While the cake is cooling make the glaze by combing the powered sugar and amaretto.
  7. To remove the cake form the pan, run a knife around the edge and invert the cake onto the serving plate.
  8. While the cake is still warm, poke holes in the surface. Drizzle with the Amaretto Glaze.
Note: This cake was made in a wreath bundt pan and sprinkled with powdered sugar after the glaze.

The bottom line: Will I make this cake again? Yes, I will. I have several liquor cakes I like to make and this is one of them. I also make a chocolate rum cake, a regular rum cake, and a chocolate Kahlua cake.

Thursday, December 9, 2010

Roasted Leg of Lamb in a Convection Oven

Roasted lamb, kale salad, and brussel sprouts
I love the way a convection oven roasts meat but I have to admit, it intimidates me. I am always checking and double checking my math when I convert times and temperatures for a convection oven. I have now resigned myself to trial and error (with a good meat thermometer). Sometimes the sides aren't ready and the roast is. My family has eaten dinner in stages-- I think they are ok with that. Actually they would prefer to have dinner in stages if they could have dessert first.

The rub for the lamb


When I buy a leg of lamb- I cut it in half (my family can't eat a whole leg)- I cook one half and freeze the other half for later.

The lamb rub depends on what I have. I love garlic and fresh herbs so it usually revolves around herbs from the garden and garlic. Tonight-- I have fresh rosemary, thyme, and parsley-- so here it goes.

The food processor is an easy way to make the rub
The Rub
5 Cloves of Garlic, Minced
1 Tsp Thyme, Chopped Fine
1 Tbsp Rosemary, Chopped Fine
2 Tsp Parsley, Chopped Fine
1 Tsp Kosher Salt
3/4 Tsp Freshly Ground Pepper
1 Tbsp Olive Oil

The leg of lamb is ready to go in the oven
Preparing the Lamb 

The lamb should come to room temperature before placing it in the oven-- about an 1 hour or more depending on the size. Once the lamb has come to room temperature- slather it with the rub and place in your convection oven at 300F/149C/Gas Mark 2. My best guess is 12-15 minutes per pound for medium rare/rare plus (which is how we eat lamb, steak, ect...). So we set our thermometer for 130F/54C.
 After you take the lamb out of the oven, it should rest, and it will cook at least an additional 5 degrees. It is important to let it rest because the juices will redistribute and your leg of lamb will be juicier. We let leg of lamb rest for 10-15 minutes.
The finished leg of lamb
That's it-- very easy -- even easier with a a meat thermometer that alarms when the desired temperature is reached.
The bottom line: Will I make it again? Yes. It is so easy to make and is such an amazing dish.

Wednesday, December 8, 2010

Genetic Information Nondiscrimination Act and HHT



Genetic Information Nondiscrimination Act (GINA)
By Amy Jurevic Sokol, JD, MHA*

            In May of 2008, George Bush signed the Genetic Information Nondiscrimination Act (GINA) into law and all aspects of the law became effective in November 2009. Congress enacted GINA because it believed that a national and uniform basic standard is necessary to protect the public from discrimination and allay concerns about the potential for discrimination, thereby allowing individuals to take advantage of genetic testing, technologies, research, and new therapies.

GINA is divided into two titles. Title I prohibits discrimination based on genetic information in health coverage. Title I applies to group health plans sponsored by private employers, unions, state and local government employers; issuers in group and individual health insurance markets; and issuers of Medicare supplemental insurance.

Title II prohibits discrimination in employment based on genetic information and limits the acquisition of genetic information by employers (there are some exceptions noted below), labor unions, employment agencies, and joint labor-management committees (collectively referred to as “covered entities”). The individuals protected by Title II of GINA are job applicants, current and former employees, labor union members, apprentices and trainees.

This summary may seems simple but GINA is a complicated law with multiple twists and turns. There are several exceptions to each general rule. This article attempts to provide a summary of the law so some details are either left out or further explained in the footnotes.  If you are applying GINA to your particular situation you may want to review the text of the law and the regulations (especially the comments to the regulations). You may also wish to contact qualified legal counsel.

GINA amends multiple federal laws, has regulations promulgated by multiple federal agencies, and will continue to evolve over time.  There are currently three sets of regulations: (1) interim final rules jointly published by the Departments of Treasury, Labor, and Health and Human Services which went into effect December 7, 2009;[1] (2) proposed regulations published by the Department of Health and Human Services;[2] and (3) final regulations covering Title II published by the Equal Employment Opportunity Commission on November 9, 2010 (effective January 10, 2011).[3]



Definitions

The first step in the process is defining and understanding what encompasses the genetic information protected by GINA. I have attempted to simply the definition and provide examples (many of the examples are from the regulations). The term “genetic information” includes:
  • Family[4] medical history (means information about the manifestation of disease in family members of the individual);
  • an individual’s genetic tests;
  • a family member’s genetic tests;
  • an individual’s request for or receipt of genetic services or the participation in genetic research that includes genetic services by the individual or a family member (genetic services include genetic testing, counseling, and education);
  • genetic information about a fetus carried by an individual or an individual’s family member; and
  • genetic information of any embryo of an individual or family member using an assisted reproductive technology;[5]

The next important definition is “genetic test.” A genetic test is defined as an analysis of human DNA, RNA, chromosomes, proteins, metabolites, or chromosomal changes. Genetic tests include—
·      susceptibility and predictive testing (for instance, BRCA testing for risk of breast or ovarian cancer, testing for Huntington disease, or HNPCC testing for risk of colon cancer);
·      carrier testing (for instance, cystic fibrosis, sickle cell anemia, spinal muscular atrophy, and fragile X);
·      prenatal genetic testing (for instance, amniocentesis and chorionic villus sampling);
·      newborn screening analysis that uses DNA, RNA, protein, or metabolite analysis to detect or indicate genotypes, mutations, or chromosomal changes (for instance, a test for PKU);
·      preimplantation genetic diagnosis performed on embryos created using in vitro fertilization (also called embryo screening);
·      pharmacogenetic tests that detect genotypes, mutations, or chromosomal changes that indicate how an individual will react to a drug or a particular dosage of a drug;
·      DNA testing to detect genetic markers that are associated with ancestry; and
·      DNA testing that reveals family relationships (for instance, a paternity test).
Genetic information does not include:
·      A manifested disease;
·      An analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes;
·      A medical exam that tests for the presence of a virus that is not composed of human DNA, RNA, chromosomes, proteins, or metabolites;
·      A test for infectious and communicable diseases that may be transmitted through food handling;
·      Complete blood counts, cholesterol tests, and liver-function tests; and
·      A test for the presence of alcohol or illegal drugs (but a test to detect if an individual has a genetic predisposition to alcohol or drug use would be a genetic test).[6]

The next important definition and for some diseases the most difficult to apply is “manifestation” or “manifested.” The reason it is so important is GINA excludes a manifested disease from the definition of genetic information. That means GINA’s protections do not apply to an individual’s manifested disease. However other laws, for instance the Americans with Disabilities Act, may apply. Therefore the definition of “manifestation or manifested” as it related to a disease becomes extremely important. The term “manifested” with respect to a disease means:
that an individual has been or could reasonably be diagnosed with the disease, disorder, or pathological condition by a health care professional with appropriate training and expertise in the field of medicine involved … a disease, disorder, or pathological condition is not manifested if the diagnosis is based principally on genetic information.[7]
This means that the presence of a genetic variant alone does not constitute a diagnosis; other signs and symptoms must be present.  The example provided in the final regulations for Title II is Huntington’s disease. The presence of the genetic variant virtually guarantees later development of Huntington’s disease, but the disease does not usually manifest until adulthood. Therefore, even with a positive genetic test, the disease is not considered manifested if and until symptoms develop.[8]

GINA and Health Insurance

GINA prohibits health insurers from requesting, requiring, or using genetic information to make decisions about: (1) your eligibility for health insurance; or (2) your health insurance premium, contribution amounts, or coverage terms. In addition, GINA makes it against the law for your health insurer to:
·      Consider family history or a genetic test result a pre-existing condition;
·      Ask or require that you have a genetic test; or
·      Use any genetic information they do have to discriminate against you, even if they did not mean to collect it.

An insurance company may request information about genetic test and family history to make decisions about paying for certain tests and procedures (and may include the costs of genetic testing and services in determining premiums or contribution amounts). Once health insurers have this information, they may not use it to discriminate against you in the ways described above.

There are different rules for group versus individual policies once you have manifested a disease:
·      A plan or issuer may increase the premium or contribution amount for a group health plan based on the disease of an individual enrolled in the plan. (A group plan is limited to excluding pre-existing conditions to 12 months (18 months for late enrollees) but the plan must credit the employee for prior months of credible coverage (group or individual coverage, Medicare or Medicaid)—this means if you switched jobs and did not have a gap in coverage (more than 63 days without coverage) as long as you had coverage for 12 months, your new plan may not exclude pre-existing conditions).

·      A plan or issuer in the individual markets may establish rules for eligibility, increase premiums, and impose preexisting condition exclusions based on the manifestation of a disease in an individual or a family member covered under the policy that covers the individual. (But the plan or issuer may not use a manifestation of a disease in one individual as genetic information about family members covered under the same policy or a different policy to further increase premiums. This means that if one member of a family has been diagnosed with Huntington disease (and has symptoms), the insurance company may raise premiums based on the symptomatic family member but may not raise rates based on family members without symptoms).

GINA and Employment

Basically Title II of GINA :
·      Prohibits the use of genetic information in employment decisions;
·      Restricts employers, employing offices, employment agencies, labor organizations, or joint labor-management committees (called “covered entities”) from requesting, requiring, or purchasing genetic information;
·      Requires genetic information be maintained in a confidential medical record, and places strict limits on disclosure of genetic information;
·      Provides remedies for individuals whose genetic information is acquired, used, or disclosed in violation of Title II.
Title II applies to job applicants, current and former employees, labor union members, and apprentices and trainees. GINA makes it against the law for:
·      employers to discriminate (in hiring, discharge, compensation, terms, conditions, or privileges of employment) against an individual on the basis of an individual’s genetic information;
·      labor agencies to fail or refuse to refer any individual for employment or otherwise discriminate against any individual because of an individual’s genetic information;
·      labor unions to exclude or expel from membership of the organization or otherwise discriminate against any member because of a member’s genetic information; and
·      employers, labor unions, or joint labor-management committee controlling apprenticeships or other training/retraining programs to discriminate against any individual on the basis of his/her genetic information.[9]

Generally it is against the law for a covered entity to request, require, or purchase the genetic information of a potential or current employee, or his or her family members. There are a few exceptions to when an employer can legally have your genetic information. However, the use of genetic information however acquired to discriminate in employment matters is prohibited. These exceptions are:
·      A covered entity inadvertently requests or requires genetic information of the individual or a family member (there are specific rules that define what inadvertent is);[10]
·      Where a covered entity offers health or genetic services (for instance wellness programs; there are specific rules that define when this exception applies and examples are given in the comments to the Title II regulations);
·      A covered entity may request family medical history when an individual requests family medical leave under FMLA (or under a family leave policy as long as documentation regarding the relevant family member is always requested);
·      Where a covered entity acquires genetic information from documents that are commercially and publically available for review and purchase (this exception does not apply to covered entities that access publically and commercially information with the intent of obtaining genetic information; please carefully read the footnote for more details);[11]
·      Where a covered entity acquires genetic information for use in the genetic monitoring of biological effects of toxic substances in the workplace (must be required by law or authorized by the employee);
·      Where an employer conducts DNA analysis for law enforcement purposes and uses genetic information of its employees, apprentices, or trainees but only to the extent that the genetic information is used for analysis of DNA identification markers for quality control and is maintained and disclosed consistent with such use;[12]
·      Where a covered entity requests information of another family member that works for the covered entity (for instance, an employer requires a family member to take a post-offer medical exam that does not include genetic information);
·      Where a covered entity obtains information from a family member that also works for the covered entity through a voluntary “wellness” program.
If an employer does have the genetic information of an employee, the employer must keep it confidential and in a separate medical file.[13] 
             
Limitations

                        GINA does not apply to life, disability, and long-term care insurance. That means if you apply for one of these types of insurance they can ask about genetic information and make coverage decisions based on that information. GINA does not apply to members of the military who receive their care through Tricare, veterans who receive their care through the Veterans Administration, the Indian Health Service, and federal employees enrolled in the Federal Employee Health Benefits Plan. All of these groups have policies in place that provide protections similar to GINA.

            In addition, GINA does not apply to employers with fewer than fifteen employees, does not apply to Indian tribes, private clubs, and does not apply to the United States military and Federal employees.[14] Finally, Title II protections do not apply to the actions of a law enforcement agency investigating criminal conduct, even when the subject of the investigation is an employee of the law enforcement agency.[15]

What does this mean for HHT?

To (hopefully) make an explanation of how GINA applies to HHT easier, I have drafted a case study to illustrate the protections and limitations of GINA.

            Fred married Ethel and they had three children: Rickie, Lucy, and Susie. Fred had nosebleeds all of his life, several requiring care in the emergency room to stop them.  At 50 he went to an ENT physician for nosebleeds and the ENT suspected he had HHT (Hereditary Hemorrhagic Telangiectasia, a dominant hereditary disease of abnormal blood vessel formation). He had the genetic test for HHT and it was positive. Unfortunately, he declined to have additional screening and was not thoroughly screened for CAVMs (cerebral arteriovenous malformations )  and  PAVMS (pulmonary arteriovenous malformations). Since none of his children had nosebleeds, he decided that they did not have HHT and did not tell them (he didn’t want them to worry). At 54 he had a stroke and died.  After his death, his wife, Ethel, did some research on HHT and discovered:

·       HHT is nonsex-linked dominant hereditary disease (therefore, each child had a 50-50 chance of having the disease);
·        HHT occurs in 1 in 5,000 to 8,000 people;
·       A person can have no symptoms and still have the disease;
·       The symptoms of the diseases usually worsen with age; and
·       HHT is a multisystem disorder and can strike the skin, nose, GI tract, lungs, liver, and brain.

Ethel quickly decided to tell their three children, Rickie, Lucy, and Susie, about the disease. Rickie, Lucy and Susie each are trying to decide whether they should get the genetic test.

As discussed in the article above GINA’s protection change if an individual has “manifested” a disease.  So in part (b) of each question below, I changed the facts so that Rickie, Susie, and Lucy have HHT.

What does it mean to manifest HHT? According to the literature, the current diagnostic criteria for determining if a patient has HHT are the Curcao Criteria.[16] The criteria are: (1) spontaneous, recurrent nosebleeds; (2) a first-degree relative (sibling, parent, child) with HHT; (3) multiple telangiectasias at characteristic sites (lips, mouth, nose, fingers, finger nail bed); (4) visceral lesions (gastrointestinal tealngiectasia, lung AVM, liver AVM, or brain AVM). To manifest HHT means that HHT has been or could be diagnosed by a health care professional with appropriate training and expertise in the field of medicine involved but the diagnosis is not based principally on genetic information. The HHT diagnosis is made if three of the Curcao Criteria are present, it is suspected if two criteria are present, and not likely if less than two criteria.

Questions and Possible Answers

Question 1(a)             Rickie is about to apply for a job at a meat packing plant and wants to know if they can ask him questions about his family medical history.

Answer:            If the employer has more than 15 employees (and is not an Indian Tribe, the military or Federal government) then GINA applies and the employer may not ask Rickie questions about his family medical history.  However, if Rickie applies for benefits such as long-term care insurance, life insurance, or disability insurance questions concerning family history may be asked in the application process. (There may be state laws that offer additional protections and change this answer).

Question 1(b)            What if Rickie received the information and immediately went to a physician to get a complete physical (including an MRI of his brain). The physical revealed that he has an AVM in his brain and telangiectasia on his lips, tongue and fingernails. Since his father had HHT, he has three of the criteria necessary to make the diagnosis. Further since family history (which is genetic information under GINA) is only one of three criteria, the diagnosis is not made principally on the basis of genetic information. 

Answer:            Under the Title II regulations, Rickie has manifested the disease.  GINA would no longer apply but the Americans with Disabilities Act would apply (to employers with more than 15 employees- although some states require all employers, regardless of size to comply with the ADA) Generally, the ADA places restrictions on employers when it comes to asking job applicants to answer medical questions, take a medical exam, or identify a disability (whether HHT would be considered a “disability” under the ADA is a very fact specific analysis).[17]

Question 2(a)            Susie is about to get married and wants to have children. She has asked her insurance company to pay for genetic testing. Her insurance company has asked questions about her family history and any genetic testing. Does she have to provide the company with the requested information? Susie is concerned that if she gives them the information, her insurance rates will go up.

Answer:            The health insurance company may request (and require) the information about family history in determining whether or not to pay for genetic testing. The insurance company may not use Susie’s family history or the results of the genetic testing in underwriting decisions.  But the insurance company may use the costs associated with the genetic testing in setting premiums/contributions. Also Susie would be required to pay any co-pays associated with the testing.

Question 2(b)            What if Susie meets three of the Curacao Criteria?

Answer:             If Susie does have HHT and meets three or more of the Curacao Criteria, the fact that she has HHT could be used in underwriting decisions.
           
Question 3(a)             Lucy would like to get the genetic test at some point but first she wants to get as much insurance as possible---  long-term care, disability, health, and life. She wants to know if they can ask her questions about her family history.

Answer:            Long-term care, disability, and life insurers are not included in GINA so those insurers may ask questions about family history and genetic information and use that information in underwriting decisions. (There may be state laws that offer additional protections and change this answer). Health insurers are covered by Title I of GINA and may not ask questions about her family history or require a genetic test.

Question 3(b)             What if Lucy has three of the Curacao Criteria?

Answer:              If Lucy meets three or more of the Curacao Criteria then she would meet the requirements of “manifested” and Lucy would have to list HHT on the health insurance application, if asked. If Lucy is applying for an individual policy or there is a gap in insurance, then the insurance company may be able to exclude HHT as a pre-existing condition (always read your policies carefully).

State Law           

            GINA provides a minimum level of protections for genetic information; state law may provide additional protections. The majority of states have laws that prohibit the use of genetic information in underwriting decisions in health insurance (remember state laws are preempted by ERISA so these laws would not apply to ERISA plans, generally employer sponsor health plans).[18]  State genetic nondiscrimination laws in the employment context are in place in 34 states and Washington DC[19]. Finally there are a few states that have passed genetic nondiscrimination laws for long-term care, life, and disability insurance.[20]


* This article is for informational use only and does not constitute legal advice. © 2010 Amy Jurevic Sokol.
[1] 74 Fed. Reg. 51663 (Oct. 7, 2009).
[2] 74 Fed. Reg. 51697 (Oct. 7, 2009).
[3] 75 Fed. Reg. 68911 (Nov. 9, 2010).
[4] A family member is defined (for purposes of Title II) as a dependent (includes who are or become related to an individual through marriage, adoption, or placement for adoption) and person related from the first to the fourth degree (first degree is children, siblings, and parents; fourth degree is great-great grandparents and the children of first cousins).
[5] Genetic information does not include information about the sex, age, race or ethnicity of the individual or family members that are not derived form a genetic test. 29 CFR § 1635.3(c).
[6] 29 CFR § 1635.3(f).
[7] 29 CFR § 1635.3(g).
[8] 75 Fed. Reg. 68911, 68917 (Nov. 9, 2010). Another example—a health insurer may not ask about family history of breast cancer or if an individual has the marker for breast cancer but a health insurer may ask if a person currently has breast cancer.  Even if an individual states that she/he has breast cancer, the health insurer may not ask if the individual has the marker for breast cancer (the genetic information of an individual with a manifested disease is still protected under GINA). A health insurer may request information about a family history of breast cancer to decide whether to pay for a genetic test. Once the insurance company has this information it may not use it in underwriting decisions.
[9] 29 CFR § 1635.4.
[10] For instance, conducting an Internet search on an individual in a way that is likely to result in finding out genetic information about an individual; actively listening to third party conversations or searching a person’s personal effects for the purpose of obtaining genetic information and making requests for information about an individual’s current health status in a way that is likely to obtain genetic information is not inadvertent. 75 Fed. Reg. 68911, 68919 (Nov. 9, 2010).  An example of “inadvertent” is an employer unwittingly receiving genetic information through casual conversation or an overheard conversation.  For instance, a supervisor asking how an employee’s weekend was and the employee responds that he spent the entire weekend at the nursing home taking care of his mother who has Huntington’s disease.
[11] Publically available information does not include information in medical databases (that have restricted access) or court records. Media sources with limited access should not be considered commercially and publically available (for instance, many Facebook, Linked In, and My Space profiles require permission from the creator to access (these are not commercially available) but most Blogs only require registration and not permission (these would be publically available). However many Facebook group pages (especially foundations for diseases) do not require permission or access is routinely granted and these would most likely be considered publically available. 75 Fed. Reg. 68911, 68925 (Nov. 9, 2010). Examples of when this exception would apply are (1) an employer reads an article in the news paper that is about five women who are dealing with the effects of having the genetic marker for breast cancer and one of the women is the employer’s employee; (2) an employer does a Internet search on a employee without reference to a genetic marker; and (3) access of genetic information outside of the employment context- an employer attends a self help group on dealing with a genetic disease (because the employer has it) and an employee is there as well.
[12] 29 CFR § 1635.8.
[13] 75 Fed. Reg. 68911, 68924 (Nov. 9, 2010).
[14] Federal employees are protected by Executive Order 13145 (2000) (available here: www.dotcr.ost.dot.gov/documents/ycr/eo13145.pdf). Frequently asked questions regarding this Executive Order is available here: http://www.eeoc.gov/policy/docs/qanda-genetic.html
[15] 75 Fed Reg. 68911, 68913 (Nov. 9, 2010).
[16] Scott E. Olitsky, MD, Hereditary Hemorrhagic Telangiectasia, 82 American Family Physician, 785, 788 (October 1, 2010).
[17] Under the ADA, an employer may not ask a job applicant to answer medical questions or take a medical exam before making a job offer. However, an employer may ask a job applicant whether the applicant can perform the job and how the applicant would perform the job. A job offer may be conditioned on the applicant answering certain medical questions or successfully passing a medical exam, but only if all new employees in the same job have to answer the questions or take the exam. Once an individual is hired and has started work, an employer generally can only ask medical questions or require a medical exam if the employer needs medical documentation to support an employee’s request for an accommodation or if the employer has reason to believe an employee would not be able to perform a job successfully or safely because of a medical condition.

[18] A chart of state laws concerning health insurance and genetic information is available at http://www.ncsl.org/default.aspx?tabid=14374
[19] A chart with state laws concerning employment and genetic information is available here: http://www.ncsl.org/default.aspx?tabid=14280
[20] A chart of state laws concerning life, disability, and long-term care insurance and genetic information is available here: http://www.ncsl.org/default.aspx?tabid=14283