HB 286 — AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO GENETICS BASED DISCRIMINATION.

b.

The collection, use, or analysis of genetic data that is collected or derived from a direct-to-consumer genetic testing product or service and is directly provided by a consumer.

(2) “Life insurance” means contracts for life insurance and annuities under Chapter 29, Chapter 31, or Chapter 32 of this title.

(3) The following terms mean as defined in § 2317 of this title:

a.

“Genetic characteristic”.

b.

“Genetic information”.

c.

“Genetic test”.

(b) Except as provided under subsection (c) of this section, a person engaged in the business of life insurance may not do any of the following solely based on any genetic characteristic, genetic information, or the result of any genetic test:

(1) Deny, refuse to issue, refuse to renew, refuse to reissue, cancel, or otherwise terminate an insurance policy or restrict coverage.

(2) Add any surcharge or rating factor to a premium of an insurance policy.

(3) Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, payment of claims, or any other condition of an insurance policy without additional actuarial justification.

(c) Subsection (b) of this section does not apply to any genetic characteristic, genetic information, or the result of any genetic test that is in any of the following:

(1) An individual’s medical record or pertinent family history.

(2) An individual’s application for life insurance.

(d) A person engaged in the business of life insurance may not do any of the following:

(1)a.

Require or request that an individual or a member of the individual’s family take a genetic test.

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Take into consideration the refusal by an individual to take a genetic test.

(2)a.

Require that an individual provide genetic information received from an entity providing direct-to- consumer genetic testing.

b.

Require that an individual provide written consent for an entity providing direct-to-consumer genetic testing to share information about the individual.

c.

Take into consideration the refusal by an individual to provide genetic information or written consent under paragraphs (d)(2)a.

or (d)(2)b.

of this section.

(e) An entity providing direct-to-consumer genetic testing may not share any information with a person engaged in the business of life insurance without the written consent of the individual as required under § 1202 of Title 16.

Section 3.

This Act is known as "The Ericka Byler Act”.

SYNOPSIS Like House Bill No.

286, House Substitute No.

286 byprohibits deletingdiscrimination linein 36life ininsurance itsbased entiretyon andgenetic insertingcharacteristics, ingenetic lieuinformation, thereofor the following:result of any genetic test.

“notHouse doSubstitute anyNo. of the following based solely on any genetic characteristic or genetic information contained in the result of any genetic test.”.

FURTHER AMEND House Substitute No.

286 bydiffers deletingfrom linesHouse 43Bill throughNo. 45 in their entirety and inserting in lieu thereof the following:

“any286 geneticas testfollows: that is in an individual’s medical record or pertinent family history.”.

FURTHER1. AMEND House Substitute No.

1Provides fora Housedefinition Billof No.“direct-to-consumer genetic testing”.

2862. by deleting lines 55 through 56 in their entirety and inserting in lieu thereof the following:

“(e)Allows A person engaged in the businessuse of lifeany insurancegenetic cannotinformation attemptthat tois obtainin or obtain information from an entityindividual's providingmedical direct-to-consumerrecord geneticor testingapplication withoutfor thelife writteninsurance. informed consent of the individual as required under § 1202 of Title 16.”.

SYNOPSIS3. This Amendment aligns the restrictions and exceptions in this Act so they apply to genetic information from direct-to-consumer genetic testing but not to genetic information that is in an individual's medical record or pertinent family history.

ThisAllows Amendmenta alsoperson revisesengaged in the requirementbusiness forof writtenlife informedinsurance consentto forrequest informationthat froman direct-to-individual consumershare genetic testinginformation sofrom ita appliesdirect-to-consumer togenetic personstesting engagedor into therequest businessthat ofan lifeindividual insuranceprovide sowritten thatconsent thefor Departmententity ofto Insuranceprovide canthat enforceinformation. this requirement.

4.

Allows an entity that provides direct-to-consumer genetic testing to share information with a person engaged in the business of life insurance but only with the written consent of the individual.

5.

Clarifies that a person engaged in the business of life insurance may not do any of the following:

a.

Require that an individual take a genetic test.

b.

Require that an individual provide genetic information received from an entity providing direct-to-consumer genetic testing or provide written consent for the entity to provide that information.

c.

Take into consideration the refusal by an individual to take a genetic test, provide genetic information received from direct-to-consumer genetic testing, or provide written consent to share information from direct-to-consumer genetic testing.

Like HB 286, HS 1 for HB 286 also does all of the following:

1.

Makes corresponding corrections to § 2317 of Title 18 by revising the heading for clarity and the definition of "insurance" to conform with the terms and definitions used in Title 18.

2.

Is known as "The Ericka Byler Act”.

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