I
105TH CONGRESS
1ST SESSION
H. R. 2590
To require life and disability insurers to disclose an insurance applicant’s
medical test results to the applicant, unless the applicant specifically
declines to receive the results, and otherwise to restrict the disclosure
of such results by such insurers.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 1, 1997
Mr. DEFAZIO (for himself, Mr. DELLUMS, Mr. EVANS, Mr. FROST, Mr. GEJD-
ENSON, Mr. GREEN, Mr. LAFALCE, Mr. PARKER, Mr. SCHUMER, Ms.
SLAUGHTER, and Mr. STARK) introduced the following bill; which was re-
ferred to the Committee on Commerce
A BILL
To require life and disability insurers to disclose an insurance
applicant’s medical test results to the applicant, unless
the applicant specifically declines to receive the results,
and otherwise to restrict the disclosure of such results
by such insurers.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. REQUIREMENT TO DISCLOSE TO INSURANCE
APPLICANTS CERTAIN MEDICAL TEST RE-
SULTS.
(a) IN GENERAL.—Except as provided in subsections
(c) and (d), a life or disability insurer who requires, as
a condition for the sale of a covered insurance product,
that an applicant for the purchase of the product submit
to an examination or test by a physician, health profes-
sional, or medical laboratory—
(1) shall require the physician, health profes-
sional, or laboratory to provide the results to the in-
surer in the form of a written report containing the
findings of the physician, professional, or laboratory,
including the results of all tests, diagnoses, and con-
clusions made; and
(2) shall mail, not later than 30 days after the
date on which the insurer receives such report, the
report to the applicant at an address provided for
this purpose by the applicant.
(b) ABNORMAL FINDING.—In any case in which a life
or disability insurer mails a report to an applicant under
subsection (a) that contains a finding of abnormality or
irregularity with respect to the health or condition of the
applicant, the insurer shall include with the report a docu-
ment that—
(1) highlights the abnormal or irregular finding
in language that is understandable to a person of av-
erage intelligence with no medical training; and
(2) advises the applicant to consult with a suit-
able health professional for further explanation and
appropriate follow-up.
(c) ELECTION TO RECEIVE RESULTS THROUGH PHY-
SICIAN.—An applicant described in subsection (a) may
elect to have the report described in such subsection, and
the document described in subsection (b), mailed to a phy-
sician of the applicant’s choice designated by the applicant
for such purpose, in lieu of having the report and docu-
ment mailed to the applicant. The election shall be effec-
tive in any case where the applicant, before the date of
the examination or test, submits to the insurer an election
form described in subsection (e)(1) that includes—
(1) a check-off box, marked by hand by the ap-
plicant, showing the applicant’s election to have the
report and document mailed to such physician;
(2) the applicant’s signature; and
(3) the date on which the form was completed
by the applicant.
(d) WAIVER BY APPLICANT.—Subsections (a) and (b)
shall not apply where the applicant, before the date of the
examination or test, declines to receive the results by sub-