In this Article, we argue that a lack of broad access to gene therapy will deepen existing health inequities and may create a society of genetic haves and have-nots, where certain genetic diseases become something that happens only to those who cannot afford treatment.

This article argues that US insurers, regulators, and stakeholders should negotiate a consensus solution for insurer use of genetic information that balances between social and economic considerations.

This Article offers a menu of potential strategies for combatting this risk of proxy discrimination by AI, including prohibiting the use of non-approved types of discrimination, mandating the collection and disclosure of data about impacted individuals’ membership in legally protected classes, and requiring firms to employ statistical models that isolate only the predictive power of non-suspect variables.