Title: Genetic Information Used for Insurance Purposes

Summary: Prohibits life insurers & long-term care insurers from basing decisions on genetic information; prohibits such insurers from taking certain actions related to genetic information for any insurance purpose.

Full Text:
An act relating to genetic information used for insurance purposes; amending s. 627.4301, F.S.; defining terms; prohibiting life insurers and long term care insurers from canceling, limiting, or denying coverage, or establishing differentials in premium rates, based on genetic information; prohibiting such insurers from taking certain actions relating to genetic information for any insurance purpose; providing applicability; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 627.4301, Florida Statutes, is amended to read: 627.4301 Genetic information for insurance purposes.-(1) DEFI NITIONS.-As used in this section, the term: (a) "Genetic information" means information derived from genetic testing to determine the presence or absence of variations or mutations, including carrier status, in an individual's genetic material or genes that are scientifically or medically believed to cause a disease, disorder, or syndrome, or are associated with a statistically increased risk of developing a disease, disorder, or syndrome, which is CS/HB 2019 asymptomatic at the time of testing. Such testing does no tinclude routine physical examinations or chemical, blood, or urine analysis, unless conducted purposefully to obtain genetic information, or questions regarding family history. (b) "Health insurer" means an authorized insurer offering health insurance as defined in s. 624.603, a self-insured plan as defined in s. 624.031, a multiple-employer welfare arrangement as defined in s. 624.437, a prepaid limited health service organization as defined in s. 636.003, a health maintenance organization as defined i ns. 641.19, a prepaid health clinic as defined in s. 641.402, a fraternal benefit society as defined in s. 632.601, or any health care arrangement whereby risk is assumed. (c) "Life insurer" has the same meaning as in s. 624.602 and includes an insurer issuing life insurance contracts that grant additional benefits in the event of the insured's disability. (d) "Long-term care insurer" means an insurer that issues long-term care insurance policies as described in s. 627.9404. (2) USE OF GENETIC INFORM ATION.-(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 different ials in premium rates, based on such information. CS/HB 2019 (b) Health insurers,life insurers, and long-term care insurers may not require or solicit genetic information, use genetic test results, or consider a person's decisions or actions relating to genetic te sting in any manner for any insurance purpose. (c) This 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 pol icy, 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 2. This act applies to policies entered into or renewed on or after January 1, 2020. Section 3. This act shall take effect July 1, 2019.