SB 258 — Use of Genetic Information

Florida Senate - 2019 CS for SB 258 By Senatorthe BeanCommittee 4-00114-19on 2019258__Health APolicy; bill to be entitled An act relating to genetic information used for insurance purposes;

and Senators Bean and Benacquisto 588-04024-19 2019258c1 A bill to be entitled An act relating to the use of genetic information;

defining terms;the terms “genetic test results,” “life insurer,” and “long-term care insurer”;

prohibiting life insurersinsurers, andlong-term long term care insurers, exceptand underdisability certainincome circumstances,insurers from canceling,certain limiting,actions orrelating denyingto coverage,genetic information or establishinggenetic differentialstesting inof premiumapplicants; rates, based on genetic information;

prohibitingproviding that such insurers frommay takingconsider certainan actionsindividual’s relating to genetic informationtest forresults anyonly insuranceunder purpose;certain circumstances;

revisingprohibiting asuch prohibitioninsurers onfrom thetaking usecertain ofactions geneticrelating testto resultscoverage byor healthrates insurers;unless certain conditions are met;

revisingproviding that genetic information is nonpublic, private health information and providingis applicability;subject to certain privacy protections;

providing construction and applicability;

amending s.

760.40, F.S.;

revising the definition of the term “DNA analysis”;

specifying that certain requirements relating to DNA analysis apply to entities providing direct-to-consumer commercial genetic testing;

prohibiting certain actions by such entities without a prior written authorization and request from the consumer for release of certain information;

1525 Be It Enacted by the Legislature of the State of Florida:

1727 Section 1. Section 627.4301, Florida Statutes, is amended to read:

(b) “Health(b) “Genetic insurer”test meansresults” anincludes, authorizedbut insureris offeringnot healthlimited insuranceto, asresults definedof indirect-to-consumer s.commercial genetic testing.

(c) “Health insurer” means an authorized insurer offering health insurance as defined in s.

(c) “Life(d) “Life insurer” has the same meaning as provided in s.

624.602 and includes an insurer issuing life insurance contracts that grant additional benefits in the event of thean insured’s disability.

(d) “Long-term(e) “Long-term care insurer” means an insurer that issues long-term care insurance policies as described in s.

(2) USE(2) RESTRICTIONS ON THE USE OF GENETIC INFORMATION.—INFORMATION BY HEALTH INSURERS.— (a) In the absence of a diagnosis of a condition related to genetic information, no health insurer, life insurer, or long term care insurer authorized to transact insurance in this state may cancel, limit, or deny coverage, or establish differentials in premium rates, based on such information.

(b) Health insurers, life insurers, and long-term care insurers may not require or solicit genetic information, use genetic test resultsresults, in the absence of a diagnosis of a condition related to genetic information, or consider a person’s decisions or actions relating to genetic testing in any manner for any insurance purpose.

(c) This subsection section does not apply to the underwriting or issuance of an a life insurance policy, disability income policy, long-term care policy, accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy or any other actions of an insurer directly related to an a life insurance policy, disability income policy, long-term care policy, accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy.

Section(3) RESTRICTIONS 2. ThisON actTHE appliesUSE toOF policiesGENETIC enteredINFORMATION intoBY orLIFE renewedINSURERS, onLONG-TERM CARE INSURERS, AND DISABILITY INCOME INSURERS.— (a) A life insurer, long-term care insurer, or afterdisability Januaryincome 1,insurer 2020.may not:

1. Require an applicant to take a genetic test;

2. Collect an applicant’s genetic information or genetic test results without the applicant’s authorization;

or 3. Consider the results of a genetic test that is designed to share information with an individual concerning the applicant’s race, ethnicity, or national origin and that is not related to an applicant’s medical condition or future health risk.

(b) A life insurer, long-term care insurer, or disability income insurer may only consider genetic test results included in an individual’s medical record if the tests have been reviewed and confirmed by the individual’s physician and the insurer complies with paragraph (c).

(c) A life insurer, long-term care insurer, or disability income insurer may not cancel, limit, or deny coverage, or establish differentials in premium rates, based on genetic information unless such action is based on objective statistical evidence related to actual or anticipated loss experience that is relevant to an individual’s life expectancy or health.

A life insurer, long-term care insurer, or disability income insurer shall document the rationale for such action and provide the documentation to the office upon request.

(d) Genetic information, including genetic test results, is nonpublic, private health information and is subject to the privacy protections under ss.

626.9651 and 760.40.

(e) This subsection does not relieve the obligation of a life insurer, long-term care insurer, or disability income insurer to comply with ss.

626.9706 and 626.9707.

(f) This subsection does not apply to health insurers.

(g) This subsection applies to policies entered into or renewed on or after January 1, 2020.

Section 2. Section 760.40, Florida Statutes, is amended to read:

760.40 Genetic testing;

informed consent;

confidentiality;