Struck = only in HB 4897 ·
added = only in HB 1179.
*LRB10417552BDA30980b*PRINTER'S HB4897NO. 104TH GENERAL ASSEMBLY State of Illinois and 2026 HB4897 by Rep.
Nabeela1316 SyedTHE SYNOPSISGENERAL ASASSEMBLY INTRODUCED:OF PENNSYLVANIA HOUSE BILL Session of No.
ILCS1179 513/202025 AmendsINTRODUCED BY KINKEAD, MUNROE, ISAACSON, MERSKI, MADDEN, HILL- EVANS, RABB, HOWARD, PIELLI, HANBIDGE, SANCHEZ, SHUSTERMAN, CIRESI, CEPEDA-FREYTIZ, RIVERA, CERRATO, GREEN, WARREN AND SAMUELSON, APRIL 9, 2025 REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND UTILITIES, APRIL 9, 2025 AN ACT Providing for privacy, transparency and compensation regarding the Geneticdisclosure Informationof Privacyinformation Act.collected by genetic material testing entities.
RemovesThe languageGeneral exemptingAssembly insurersof thatthe areCommonwealth issuingof aPennsylvania long-termhereby careenacts policyas fromfollows: specified provisions.
ProvidesSection that,1. with regard to any policy, contract, or plan offered, entered into, issued, amended, or renewed on or after January 1, by a health insurer, life insurer, disability insurer, or long-term care insurer authorized to transact insurance in this State, a health insurer, life insurer, disability insurer, or long-term care insurer may not:
(1)Short cancel,title. limit, or deny coverage or establish differentials in premium rates based on a person's genetic information;
orThis (2)act requireshall orbe solicitknown anand individual'smay geneticbe information,cited useas anthe individual'sGenetic geneticMaterials testPrivacy results,and orCompensation considerAct. an individual's decisions or actions relating to genetic information or a genetic test in any manner for any insurance purpose.
ProvidesSection that2. the provisions may not be construed as:
(1)Definitions. preventing a life insurer, disability insurer, or long-term care insurer from accessing an individual's medical record as part of an application;
orThe (2)following prohibitingwords aand lifephrases insurer,when disabilityused insurer,in orthis long-termact careshall insurerhave fromthe consideringmeanings agiven clinicalto diagnosis,them such as a manifest disease or disorder, included in anthis individual'ssection medicalunless record for insurance purposes to the extentcontext otherwiseclearly allowableindicates byotherwise: law.
Effective"Genetic Julymaterial." 1,As 2026.follows:
LRB104(1) 17552Deoxyribonucleic BDAacid, 30980including bmitochondrial ADNA, BILLcomplementary FORDNA HB4897and LRB104DNA 17552derived BDAfrom 30980ribonucleic bacid. AN ACT concerning health.
Be(2) itThe enactedterm byincludes thea Peoplegene, chromosome or alteration of a gene or chromosome that may be tested to determine the Stateexistence or risk of Illinois,a representeddisease, indisorder, thetrait, Generalpropensity, Assembly:syndrome or information identifying an individual or a blood relative.
(3) The term does not include family history or a genetically transmitted characteristic whose existence or identity is determined through means other than a genetic test.
"Genetic material collection." Information collected, or planned to be collected, by a genetic material testing entity about the content accessed, personal identifiers, reports or knowledge derived from testing and any other reports or statistics combined with the information or data.
"Genetic material testing." As follows:
(1) DNA or genetic typing and testing to determine the presence or absence of genetic characteristics in an individual.
(2) The term includes a test of nucleic acids or chromosomes in order to diagnose or identify a genetic characteristic.
(3) The term does not include:
(i) A routine physical measurement.
(ii) A test for drugs, alcohol, cholesterol or human immunodeficiency virus.
(iii) A chemical, blood or urine analysis.
(iv) Any other diagnostic test that is widely accepted and in use in clinical practice.
"Genetic material testing entity." An entity collecting, testing or otherwise analyzing the genetic material of individuals, including:
(1) A medical facility.
20250HB1179PN1316 - 2 - (2) An entity that provides genealogy services.
(3) A law enforcement agency.
"Prominently disclose." As follows:
(1) To communicate in a manner that is difficult to miss and easily understandable by ordinary individuals, including the following:
(i) A visual disclosure that, by its size, contrast, location, length, appearance and other characteristics, stands out from accompanying text or other visual elements so that it is easily noticed, read and understood.
(ii) An audible disclosure, including by telephone or streaming video, that is delivered in a volume, speed and cadence sufficient for ordinary individuals to easily hear and understand.
(iii) An interactive electronic medium, such as in connection with an update to device firmware, the disclosure of which is unavoidable.
(iv) A disclosure that uses diction and syntax understandable to ordinary individuals and appears in each language in which the triggering representation appears.
(v) A disclosure that complies with the requirements in each medium through which it is received, including all electronic devices and face-to-face communications.
(vi) A disclosure that is not contradicted, mitigated by or inconsistent with anything else in the communication.
(2) When the communication targets a specific audience, such as children, the elderly or the terminally ill, the term 20250HB1179PN1316 - 3 - "ordinary individuals" includes reasonable members of that group.
"Third party." An entity that gathers or otherwise has access to an individual's genetic material whether obtained for the entity's purposes or accessed from another entity.
Section 3.
Disclosure requirements.
(a) Prohibition.--In addition to other requirements imposed by law, a genetic material testing entity, directly or through a corporation, subsidiary, division, website or other device or affiliate, may not misrepresent, expressly or by implication:
(1) The extent to which data is collected, used or maintained or methods for protecting the privacy, confidentiality or security of genetic material.
(2) The purpose of the collection, use or disclosure of genetic material.
(b) Notice and consent.-- (1) A genetic material testing entity or third party, directly or through a corporation, subsidiary, division, website or other device or affiliate, in connection with the collection of genetic material of an individual, shall:
(i) Prior to collection of the genetic material undertaken after the effective date of this section, prominently disclose to the individual, separate and apart from a privacy policy, terms of use page or other similar documents, the following:
(A) The type of genetic material that will be collected and used.
(B) The type of genetic material that will be shared with a third party.
(C) The identity of the third party.
20250HB1179PN1316 - 4 - (D) The purpose for any genetic testing entity sharing of the data collected.
(E) A data-sharing agreement between the genetic testing entity or third party and a Federal, State or local law enforcement agency or other government agency.
(ii) Obtain the individual's affirmative express consent to the genetic material collection as follows:
(A) At the time the disclosure under subparagraph (i) is made.
(B) Upon a material change to the terms disclosed under subparagraph (i).
(iii) Provide instruction, if the individual's affirmative express consent is sought under subparagraph (ii), for how the individual may revoke consent to the genetic material collection and sharing.
(iv) Obtain the individual's affirmative express consent to continued genetic material collection or sharing.
(2) A genetic testing entity or third party, directly or through a corporation, subsidiary, division, website or other device or affiliate, may not collect the genetic material of an individual who does not provide affirmative express consent under paragraph (1)(ii).
(3) A genetic material testing entity or third party collecting or accessing the genetic material of an individual shall not provide information on the genetic material to law enforcement without a warrant or the explicit, affirmative permission of the individual providing the genetic material.
Section 4.
Compensation.
20250HB1179PN1316 - 5 - (a) Prohibition.--A genetic material testing entity or third party collecting or accessing the genetic material of an individual is prohibited from selling or donating information about an individual's genetic material without:
(1) getting express authorization from the individual or, in the case that the individual is deceased, the next of kin;
and (2) providing fair and adequate compensation at a rate of not less than 90% of the amount received in compensation for the sale of the individual's genetic material.
(b) Nonapplicability.--Subsection (a)(2) does not apply if an individual or, in the case that the individual is deceased, the next of kin, makes a voluntary and direct genetic material donation of the individual's genetic material for medical treatment or medical or scientific study.
The Genetic Informationmaterials Privacydatabase Actrequests. is amended by changing Section 20 as follows:
(410(a) ILCSInsurance 513/20)companies.--An Sec.insurance company may not request genetic material or related data of an insured or an individual applying for insurance from a company or entity maintaining a genetic database.
20.(b) Employers.--An employer may not request genetic material or related data of an employee or a prospective employee from a company or entity maintaining a genetic database.
UseSection of6. genetic testing information for insurance purposes.
(a)Data Andeletion insurerrequirements. may not seek information derived from genetic testing for use in connection with a policy of accident and health insurance.
Except(a) asDestruction providedof ingenetic subsectionmaterial.--Within (c),120 andays insurerof thatthe receiveseffective informationdate derivedof fromthis geneticsection, testing,a regardlessgenetic ofmaterial thetesting sourceentity ofor thatthird information,party, mayin notconnection usewith thegenetic informationmaterial collection for a nontherapeuticproduct purposeor asservice, itand relatesany toperson or entity in active concert or participation, directly or through a policycorporation, ofsubsidiary, accidentdivision, andwebsite healthor insurance.other device or 20250HB1179PN1316 - 6 - affiliate, shall destroy genetic material collected prior to the effective date of this section, except:
(b)(1) AnIf insurerthe shallgenetic notmaterial usecollected was requested by a government agency or discloserequired protectedby healthlaw, informationregulation thator iscourt geneticorder, informationincluding forrules underwritingapplicable purposes.to the safeguarding of evidence in pending litigation.
For(2) purposesIf ofthe thisindividual Section,associated "underwritingwith purposes"the means,genetic withmaterial respectcollected has expressly consented to anthe insurer:collection, use or disclosure as provided under section 3(b).
(1)(b) rulesIndividual for,request.--After orthe determinationeffective of,date eligibilityof (includingthis enrollmentsection, anda continuedgenetic eligibility)material for,testing entity or determinationthird of,party benefitsin underconnection thewith plan,genetic coverage,material collection, and any person or HB4897entity -in 2active -concert LRB104or 17552participation BDAwith 30980a bgenetic policymaterial (includingtesting changesentity inor deductiblesthird party, directly or through a corporation, subsidiary, division, website or other cost-sharingdevice mechanismsor inaffiliate, returnshall fordestroy activitiesan suchindividual's asgenetic completingmaterial awithin health30 riskdays assessmentof orthe participatingindividual inrequesting athat wellnessthe program);genetic material be destroyed.
(2)Section the7. computation of premium or contribution amounts under the plan, coverage, or policy (including discounts, rebates, payments in kind, or other premium differential mechanisms in return for activities, such as completing a health risk assessment or participating in a wellness program);
(3)Mandated thegenetic applicationmaterials ofprivacy anyprogram. pre-existing condition exclusion under the plan, coverage, or policy;
and(a) (4)Privacy otherprogram.--A activitiesgenetic relatedmaterial totesting theentity creation,or renewal,third orparty, replacementdirectly ofor through a contractcorporation, ofsubsidiary, healthdivision, insurancewebsite or healthaffiliate, benefits.shall establish, implement and maintain a comprehensive privacy program that is reasonably designed to:
"Underwriting(1) purposes"Address doesprivacy notrisks includerelated determinationsto ofthe medicaldevelopment appropriatenessand wheremanagement anof individualnew seeksand aexisting benefitproducts underand theservices plan,for coverage,individuals. or policy.
This(2) subsectionProtect (b)the doesprivacy notand applyconfidentiality toof insurersgenetic thatmaterial arecollected issuingdirectly or indirectly by a long-termgenetic carematerial policy,testing excludingentity or third party, directly or through a nursing20250HB1179PN1316 home- fixed7 indemnity- plan.corporation, subsidiary, division, website or other device or affiliate.
(c)(b) AnRequirements.--A insurerprivacy mayprogram, consider the resultscontent and implementation of geneticwhich testingshall inbe connectiondocumented within awriting, policyshall ofcontain accidentcontrols and healthprocedures insuranceappropriate ifto the individualsize voluntarilyand submitscomplexity of the resultsparty collecting the genetic material, the nature and scope of the resultsparty's areactivities favorableand tothe sensitivity of the individual.genetic material, including:
(d)(1) AnThe insurerdesignation thatof possessesan informationemployee derivedor fromemployees HB4897to -coordinate 3and -be LRB104responsible 17552for BDA 30980 b genetic testing may not release the informationprivacy toprogram. a third party, except as specified in this Act.
(e)(2) AThe companyidentification providingof direct-to-consumerreasonably commercialforeseeable geneticrisks, testingboth isinternal prohibitedand fromexternal, sharingthat anycould geneticresult testin informationthe unauthorized collection, use or otherdisclosure personallyof identifiablegenetic material or private information aboutby athe consumerparty withcollecting anythe healthgenetic material or lifeits insuranceagents companyand withoutan writtenassessment consentof from the consumer.sufficiency of any safeguards in place to control these risks.
(f)At Aa healthminimum, insurer,the liferisk insurer,assessment disabilityshall insurer,include orconsideration long-termof carerisks insurerin authorizedeach toarea transactof insurancerelevant inoperation, thisincluding: State may not:
(1)(i) cancel,Employee limit,training orand denymanagement, coverageincluding ortraining establish differentials in premium rates based on geneticthe informationrequirements collected,of used,this oract. stored for health care treatment;
or(ii) (2)Product requiredesign, ordevelopment solicitand anresearch. individual's genetic information, use an individual's genetic test results, or consider an individual's decisions or actions relating to genetic information or a genetic test in any manner for any insurance purpose.
This(3) subsectionThe appliesdesign toand anyimplementation policy,of contract,reasonable orcontrols planand thatprocedures isto offered,address enteredrisks into,and issued,regular amended,testing or renewedmonitoring onof orthe aftereffectiveness Januaryof 1,those 2027controls byand aprocedures. health insurer, life insurer, disability insurer, or long-term care insurer authorized to transact insurance in this State.
(g)(4) NothingThe indevelopment thisand Sectionuse mayof bereasonable construedsteps as:to select and retain Internet service providers capable of appropriately protecting the privacy of information that the Internet service providers receive from the genetic material 20250HB1179PN1316 - 8 - testing entity or third party or agents of the genetic material testing entity or third party and requiring the Internet service providers, by contract, to implement and maintain appropriate privacy protections for genetic material.
(1)(5) preventingThe aevaluation lifeand insurer,adjustment disabilityof insurer,the genetic material testing entity's or HB4897third -party's 4privacy -program LRB104in 17552light BDAof 30980the bresults long-termof carethe insurertesting fromand accessingmonitoring anrequired individual'sunder medicalparagraph record(3), asa partchange to the genetic material testing entity's or third party's operations or business arrangements or other circumstance that the manufacturer or third party or agents of the manufacturer or third party know or have reason to know may have an application;impact on the effectiveness of the privacy program.
orSection (2)8. prohibiting a life insurer, disability insurer, or long-term care insurer from considering a clinical diagnosis, such as a manifest disease or disorder, included in an individual's medical record for insurance purposes to the extent otherwise allowable by law.
(Source:Ownership.
P.A.Individuals shall have inherent ownership rights for their genetic material and a privacy interest in it, even when voluntarily providing their genetic material to a for-profit company.
101-132,Section eff.9.
1-1-20.)Violations. Section 99.
Conduct that is unlawful or otherwise prohibited under this act shall constitute an unfair method of competition and unfair or deceptive act or practice as those terms are defined under section 2 of the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, and shall be subject to enforcement and remedies as provided in that act.
Section 10.
Remedies available to individuals.
Nothing in this act shall be construed to limit the remedies available to individuals, the Attorney General or a district 20250HB1179PN1316 - 9 - attorney under the act of December 17, 1968 (P.L.1224, No.387), known as the Unfair Trade Practices and Consumer Protection Law, or other Federal or State law.
Section 11.
This Actact takesshall take effect Julyin 1,120 2026.days.
20250HB1179PN1316 - 10 -