Suppose that a 25-year-old woman, whosemother and aunts all were afflicted with breast cancer by the time

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Suppose that a 25-year-old woman, whosemother and aunts all were afflicted with breast cancer by the time they were 45, has a genetic test conducted at her own expense. The test reveals that she has inherited her mother’s genetic susceptibility to breast cancer. After applying for employment and being given the position, her HR orientation includes registration for employerpaid health insurance. The insurance questionnaire asks if she suffers from any preexisting medical condition.

What should the new employee answer? Suppose that, later on, she desires to take advantage of the employer’s wellness program. This includes free annual breast examinations. Should she reveal to the health care provider that she has a genetic susceptibility to breast cancer? If she does so, what obligations does the health care provider have (1) to the employee, (2) to the employer, and (3) to the insurance carrier?

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Employment And Labor Law

ISBN: 9781439037270

7th Edition

Authors: Patrick J. Cihon , James Ottavio Castagnera

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