BRCA testing: any changes due to the Supreme Court decision?

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peggy_j
peggy_j Member Posts: 1,700

Yesterday the Supreme Court unanimously decided that Myriad cannot patent the BRCA genes. Yay!  This allows other companies to compete, in the future, once they have a test developed. Does anyone know if it means anything today? i.e. are there ramifications they they over-charged? The reason I ask is that I had the test two months ago. I'm currently appealing my insurance company's refusal to pay and wondering if there might be lawsuits or ? Perhaps a class action lawsuits that they had used some kind of monopolistic pricing policy or ??? Any thoughts? thanks

p.s. not sure if this is the right place to post this. Posting the BRCA forum didn't seem quite right, since it's really just about $$$.

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  • SheChirple
    SheChirple Member Posts: 954
    edited June 2013

    The supereme court decision will have no affect on past tests performed.  It will allow competition via other labs and thus may bring the cost down in the future.

    Medical providers can charge whatever the market will bear.  If covered by insurance, they may/may not contract with the insurance carrier for a certain fee.  If there was pre-authorization or not will affect your insurance carrier's refusal to pay. Good for you for appealing.

    Frankly, I have a question or thought that is slightly off here.  If I have already been diagnosed with Breast Cancer, why would "I" need BRCA testing?.  Shouldn't it be my children, if I already have them.  It would seem to me that, if I were young and had no children, I would want to know if I had the BRCA mutations to help aid in my choice of whether or not to have children and likely pass on that gene mutation.  However, if I already have the cancer, and I already have my children, why would I need the test? 

    I want my 15 y/o daughter to be covered for the test, so that she can make informed decisions about her life. I think her medical insurance should pay for it. SHE is the one at risk.

  • SpecialK
    SpecialK Member Posts: 16,486
    edited June 2013

    shechirple - BRCA testing would help determine if your already diagnosed breast cancer is a hereditary cancer, rather than a randomly occuring cancer like most, and your result would also indicate a genetic pre-disposition to ovarian and other cancers, so this information is important for you even though you have already been diagnosed.  They recommend that the person with the disease be tested, primarily because the test is more commonly covered for a diagnosed person, and also because it would indicate that your daughter is inheriting a genetic issue from you, and not from her paternal side.  I had the testing done the same day as diagnosis because I was initially a lumpectomy candidate with no family information because I am adopted - a positive result would have meant that a BMX would have been recommended.  My testing was negative but I chose BMX anyway.

  • lekker
    lekker Member Posts: 594
    edited June 2013

    If you test positive for a deleterious BRCA mutation when you already have a breast cancer diagnosis, a genetic counselor would inform you about your risk for developing additional or contralateral cancers and as well as future radiation-induced cancers should you choose lumpectomy. So if you've already had breast cancer and had a BMX, what would the usefulness of the test be? You would be advised of your risk of developing ovarian cancer so you could contemplate prophylactic oophrectomy or at least follow additional screening guidelines. You would also learn about any additional cancer risks your particular mutation has shown - some that are actionable (annual skin checks for melanoma) and some that aren't (no screening for pancreatic). You could inform blood relatives (including your daughter) of your mutation so they could consider testing (testing for a known mutation is much cheaper than the full sequencing/BART). If you are still in treatment, you could be offered certain chemos that have shown greater efficacy in BRCA cancers.



    In other words, BRCA testing can inform a lot of decisions beyond pre-conception considerations (I'm sure I missed some). And as SpecialK mentioned, it is usually preferred to run any kind of genetic test on a proband (affected individual) rather than an unaffected relative.

  • MelissaDallas
    MelissaDallas Member Posts: 7,268
    edited June 2013

    Also, if you should test positive your daughter will be offered the test at a greatly reduced charge.

  • MiniMacsMom
    MiniMacsMom Member Posts: 595
    edited June 2013

    Not only your daughter at a reduced charge but other blood relatives. Also if you have more than one child it is much less expensive for one parent then all the kids to go get tested especially if the parent is negative. We were advises in this course. At 27 if I tested positive after DX to have my parents/not siblings tested first. That way if they both tested negative we wouldn't worry about my siblings. Also we would know which side of the family to inform if we tested positive. I can't imagine not sharing the info and watching my cousins end up getting sick. Also for insurance to pay generally you have to have 1 1st relative test positive or two second degree relatives. There are a lot of reasons to test. Prophy measures for yourself. Even after my BC DX I will never go to 1 yr tests and scans. I have a variety of scans 2x per year. But for me getting tested was to enable my family to have the choices I did have. My gene is from my maternal line. I have 6 aunts/ uncles on that side that's a lot of cousins and family to watch having to go through 300,000 dollars worth of treatment over skipping a $3000 test. Also brca does have implications for males. They can be at higher risk for other cancers and breast cancer! I don't mean this to be confrontational in any way I just wanted to share my experience.

  • peggy_j
    peggy_j Member Posts: 1,700
    edited June 2013

    Great discussion.

    Thanks SheChirple for your thoughts on the original question. Realistically, I figured that how it worked--it changes things going forward--but one can hope.

    I agree with all the other info. My MO has trained me to ask this question before taking any test: what would I do differently based on this test result? In my case, my risk of recurrence is low. But...I had not been tested for BRCA (my insurance denied it.) So even though my risk of having the BRCA gene was small, it would completely flip the equation. What could I do differently? I'd only had a lumpectomy, so in the short term, I could get B-MRIs paid for by my insurance. I could consider BMX. I could consider having my ovaries removed. (or at least do more aggressive screening, etc). It would influence my decision about continuing hormone therapy. Etc.

    As someone else mentioned, today scientists believe there is a link between the BRCA gene and pancreatic cancer and some types of prostate cancer. This is new information compared to two years ago. In my case, the fact that my grandmother died of pancreatic cancer raised my risk of having the BRCA gene from 5% to 13-16%.  My genetic counselor thought this was high enough that my insurance company would now pay. (he's seen that most companies pay when the risk of the gene is >10%). My company still refused. I saw that their policy hasn't changed in two years, so I'm appealing, and will appeal to my state's oversight board, in the hopes of getting them to update their policy so it's consistent with the current science. 

    These insurance companies' policies are not always inconsistent with medical recommendations. In my case, my company would pay if anyone was Dx'd at age 45 or younger. (no other risk factors needed). However, a cancer organization (I forget which one) recommends the tests for all patients Dx'd at the age of 50 or younger. I was Dx'd 3 months after I turned 46 and didn't have enough additional risk factors to meet the criteria set by the pencil pushers at the insurance company.

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