Pew Funds Genetics and Public Policy Center's New Consumer Genetics Project
The Pew Charitable Trust has awarded $750,000 to the Genetics and Public Policy Center for a new project focused on consumer protections for applications of genetic testing.
The Human Genome Project unleashed a torrent of information about the human genome and the role of genetic variation in human health. As a result, genetic testing is now among the fastest growing areas of laboratory medicine. Today, genetic tests for about 1000 diseases are clinically available, with hundreds more available in a research setting.
In the 18 years since Congress enacted CLIA, genetic testing has become a critical part of clinical medicine, and among the fastestgrowing areas of laboratory testing (52). In that time frame, the number of genetic tests has increased more than tenfold. New companies offering genetic tests to healthcare providers and consumers appear with increasing frequency.
Yet, because of CMS’s inattention and delay in implementing CLIA, neither healthcare providers nor consumers can be confident in the oversight mechanisms in place to ensure genetic tests are accurate and reliable. While genetic science and genetic technologies have leapt into the 21st century, the agency entrusted with ensuring laboratory quality is stuck in the past. The mandate from Congress under CLIA was clear: Laboratories must participate in proficiency testing for each test they perform unless proficiency testing cannot be developed. Congress was equally clear that the absence of proficiency-testing programs or the difficulty in establishing such programs was not an adequate reason for failing to require participation in proficiency testing. Yet CMS has not mandated participation in proficiency testing for any genetic tests, nor has it demonstrated that creation of proficiency-testing programs is not possible.
Congress was similarly clear regarding the need for transparency regarding laboratory quality. To that end, the law required CMS to create a program to make the results of proficiency-testing programs available to the public. No such program has been created. Nor does CMS make available to the public information on whether a laboratory is certified under CLIA. CMS could easily make this information available to healthcare providers and the public. Without this information, providers and patients are kept in the dark regarding the qualifications and competence of the laboratories that provide critical healthcare information.
To be sure, many genetic testing laboratories in the United States are of very high quality, and go beyond the current minimal standards to ensure the accuracy and reliability of the genetic tests they perform. But, as the Genetics and Public Policy Center’s survey of genetic testing laboratory directors reveals, some laboratories are not routinely performing proficiency testing and are not following recommended quality control procedures. Moreover, the survey indicates a correlation between proficiency testing and laboratory quality. A genetic testing specialty under CLIA would provide a mechanism for mandating both formal and informal proficiency testing. Additionally, a genetic testing specialty under CLIA would standardize quality control methods to ensure adherence to the recommended standards.
Genetic testing will have an increasing impact on public health through improved diagnosis, treatment, and prevention of disease. However, the promise of genetics to improve health and healthcare will not be realized unless genetic tests provide accurate and reliable test results. Policy to require that genetic testing be accurate and reliable has not kept pace with the growth of genetic tests. In enacting CLIA, Congress was explicit regarding the need for improved quality standards. With respect to genetic testing quality, CMS has failed to meet the expectations of Congress and the public. The creation of a genetic testing specialty is a critical first step to ensuring that laboratories have demonstrated capability to perform accurate and reliable tests. The time is now for CMS to move expeditiously to protect the public’s health.
1. Public Law 100-578 (1988), codified at U.S. Code, 42, § 263a.
2. U.S. Congress. Senate. Special Committee on Aging. At Home DNA Tests: Marketing Scam or Medical Breakthrough? 109th Cong., 2d sess., 2006 (Testimony of Thomas Hamilton).
3. 2005. How Reliable is Laboratory Testing? American Association for Clinical Chemistry. http://www.labtestsonline.org/understanding/features/reliability.html (accessed August 23, 2006).
4. 2003. International Consortium Completes Human Genome Project. NHGRI. http://www.genome.gov/11006929 (accessed August 23, 2006).
5. GeneTests. University of Washington. www.genetests.org (accessed August 23, 2006).
6. Guttmacher, A. E. and F. S. Collins. 2005. Realizing the promise of genomics in biomedical research.Journal of the American Medical Association 294 (11): 1399-402.
7. Guttmacher, A. E. and F. S. Collins. 2002. Genomic medicine - a primer. The New England Journal of Medicine 347 (19): 1512-20.
8. Marsh, S. and H. L. McLeod. 2006. Pharmacogenomics: From bedside to clinical practice. Human Molecular Genetics 15 (Review Issue 1): R89-R93.
9. Holtzman, Neil and Michael Watson, eds. 1997. Promoting Safe and Effective Genetic Testing in the United States: Final Report of the Task Force on Genetic Testing. NHGRI. http://www.genome.gov/10001733 (accessed August 23, 2006).
10. 2000. Enhancing the Oversight of Genetic Tests: Recommendations of the SACGT. National Institutes of Health. http://www4.od.nih.gov/oba/sacgt/reports/oversight_report.pdf (accessed August 23, 2006).
11. Institute of Medicine. Assessing Genetic Risks: Implications for Health and Social Policy (Lori B. Andrews, Jane E. Fullarton, Neil A. Holtzman, Arno G. Matulsky, eds.). 1994.
12. Clinical Laboratory Improvement Advisory Committee Meeting Summary Reports February 7-8, 2001, January 30-12, 2002, September 11-12, 2002, September 17-18, 2003, February 11-12, 2004, September 22-23, 2004, February 16-17, 2005, September 7-8, 2005, and February 8-9, 2006. http://www.phppo.cdc.gov/dls/cliac/default.asp (accessed August 27, 2006).
13. Federal Register 65 (May 2000): 25928.
14. Federal Register 71 (April 2006): 22595.
15. Meeting between representatives of the Genetics and Public Policy Center and representatives of the Centers for Medicare and Medicaid Services, August 3, 2006.
16. Rivers P. A., et al. 2005. A review and analysis of the Clinical Laboratory Improvement Amendment of 1988: compliance plans and enforcement policy. Health Care Management Review 30 (2): 93-102.
17. House Committee on Energy and Commerce, Clinical Laboratory Improvement Amendments of 1988, 100th Cong., 2nd sess., 1988, H. Rep 100-899.
18. Code of Federal Regulations, title 42, sec. 493. References Public Health at Risk: Failures in Oversight of Genetic Testing Laboratories 21
19. Code of Federal Regulations, title 42, sec. 493.17.
20. Code of Federal Regulations, title 42, sec. 493.15.
21. Code of Federal Regulations, title 42, sec. 493.801.
22. Code of Federal Regulations, title 42, sec. 493.801(a)(2)(ii).
23. Hudson, K., et al. 2006. Oversight of U.S. genetic testing laboratories. Nature Biotechnology 24 (9): 1083-1090.
24. Murphy, Juli, Gail Javitt, and Kathy Hudson. 2005. Creating a Genetic Testing Specialty under CLIA: What are we waiting for? Genetics and Public Policy Center. http://www.dnapolicy.org/resources/McClellanpaper.pdf (accessed August 23, 2006).
25. Javitt, Gail pers. comm. to Judy Yost, July 15, 2005.
26. Yost, Judith pers. comm. to Gail Javitt, September 15, 2005.
27. Hudson, Kathy pers. comm. to Mark McClellan, November 18, 2005.
28. Hamilton, Thomas pers. comm. to Kathy Hudson, Jan. 9, 2006.
29. Testimony of Judith A. Yost, director, Division of Laboratory Services, Centers for Medicare and Medicaid Services, before the Secretary’s Advisory Committee on Genetics, Health, and Society, June 26, 2006.
30. 2006. Nutrigenetic Testing: Tests Purchased From Four Websites Mislead Consumers. United States Government Accountability Office. http://www.gao.gov/new.items/d06977t.pdf (accessed August 23, 2006).
31. Federal Register 68 (January 2003): 3639
32. 2006. Practices and Attitudes of Laboratory Directors of Clinical Genetic Testing Laboratories. Johns Hopkins IRB No. NA-00001533. Unpublished data on file with Genetics and Public Policy Center, Washington, D.C.
33. Terry, Sharon pers. comm. to Mark McClellan, February 28, 2006.
34. Smith, Dennis pers. comm. to Sharon Terry, July 17, 2006.
35. Schirmer v. Mt. Auburn Obstetrics and Gynecological Associates, 844 N.E.2d 1160 (2006).
36. Hood v. Lab. Corp. of Am., 2006 U.S. Dist. LEXIS 36464 (D.Md. 2006)
37. Libby, E. N., et al. 2006. False-negative factor v Leiden genetic testing in a patient with recurrent deep vein thrombosis. American Journal of Hematology 81: 284-289.
38. Our stories. Matthew Forbes Romer Foundation. http://www.mfrfoundation.org/stories.php (accessed August 29, 2006).
39. Feiger, J. 2003. Protecting patients while managing lab errors. Perspectives in Genetic Counseling. 25 (3): 4 22 Public Health at Risk: Failures in Oversight of Genetic Testing Laboratories
40. Hofgartner, W.T. and J.T. Tait. 1999. Frequency of problems during clinical molecular genetic testing. American Journal of Clinical Pathology 112: 14-21.
41. Bonini P. et al., 2002. Errors in laboratory medicine. Clinical Chemistry 48 (5): 691-698.
42. Witte, D. L. et al. 1997. Errors, mistakes, blunders, outliers, or unacceptable results: how many? Clinical Chemistry 43 (8): 1352-1356.
43. Howanitz, P. J. 2005. Errors in laboratory medicine: practical lessons to improve patient safety. Archives of Pathology & Laboratory Medicine 129: 1252-1261.
44. Hollensead, S. C., et al. 2004. Errors in pathology and laboratory medicine: consequences and prevention. Journal of Surgical Oncology 88: 161-181.
45. McGovern, M. M., et al. 1999. Quality assurance in molecular genetic testing laboratories. Journal of the American Medical Association 281 (9): 835-840.
46. 2006. Standards and Guidelines for Clinical Genetics Laboratories. American College of Medical Genetics. http://www.acmg.net/Pages/ACMG_Activities/stds-2002/stdsmenu-n.htm (accessed August 23, 2006).
47. Bachner, Paul, pers. comm. to Joe Boone, June 28, 2000.
48. Clinical Laboratory Improvement Advisory Committee Meeting Summary Report, September 10, 1997. http://www.phppo.cdc.gov/dls/cliac/default.asp (accessed August 30, 2006).
49. The Secretary’s Advisory Committee on Genetics, Health, and Society’s Summary of Third Meeting, March 1-2, 2004, pages 6-7 (public comments of Margaret Gulley, MD, College of American Pathologists). http://www4.od.nih.gov/oba/sacghs/meetings/March2004/SACGHS (accessed August 30, 2006).
50. Terry, Sharon, et al. pers. comm. to Mark McClellan, June 6, 2006.
51. Reproductive Health Technologies Project, et al. pers. comm. to Mark McClellan, July 13, 2006.
52. Frost and Sullivan, U.S. Genetic Diagnostics Markets, Market Report F463-52, 2005.
53. Meeting summaries of the Clinical Laboratory Improvement Advisory Committee. http://www.phppo.cdc.gov/dls/cliac/default.asp (accessed August 30, 2006).
54. Shalala, D. pers. comm. to Ed McCabe, January 19, 2001. http://www4.od.nih.gov/oba/sacgt/McCabe.pdf (accessed August 30, 2006).
The Pew Charitable Trust has awarded $750,000 to the Genetics and Public Policy Center for a new project focused on consumer protections for applications of genetic testing.
The Genetics and Public Policy Center’s Public Consultation Project on Genes, Environment, and Health consisted of focus groups, interviews with community leaders, a survey, and a series of town halls. This report summarizes the five town hall sessions, which took place from March-May 2008 in Jackson, Mississippi; Kansas City, Missouri; Philadelphia, Pennsylvania; Phoenix, Arizona; and Portland, Oregon.
Four in five Americans support the idea of a nationwide study to investigate the interactions of genes, environment and lifestyle, and three in five say they would be willing to take part in such a study, according to a survey released today.
More infoPresident Bush today signed into law the Genetic Information Nondiscrimination Act of 2008 (GINA), providing vital protection for Americans against the misuse of genetic test results by heath insurers and employers.
No mechanism currently exists to ensure that genetic tests are supported by adequate evidence before they go to market, or that marketing claims are truthful and not misleading, according to a policy analysis to be published April 4 in Science. Misleading claims about genetic tests may lead health-care providers and patients to make inappropriate decisions about which tests to take and how to use genetic tests that have potential for profound medical consequences, the authors argue.