I believe 23andme uses the Illumina marker panel + some additional custom markers. First of all a diagnostic array will almost never be a high throughput array

I believe 23andme uses the Illumina marker panel + some additional custom markers. First of all a diagnostic array will almost never be a high throughput array. Illumina doesn't market its 550K or 1M chips for diagnostics. The diagnostic assay will use something like beadxpress or other targeted chip. The business model is one of providing information, that's it. If that's going to be regulated, the only regulation should be in ensuring CLIA facilities, and making sure that the companies do not offer services that might make patients think that they were providing a diagnosis (Navigenics is the one I worry about here). Having been directly involved in this space over the years, it's clear that a lot of work is needed, and even if we knew about disease causing SNPs and had high risk factors, we really don't have the drugs that are married to any diagnostics yet (with exceptions), but that shouldn't stop us from getting access to the information, especially since the costs pretty much act as a barrier at this time.