An Act To Extend Protections for Genetic Information
Maine Legislature, Session 129, LD 1314
Committee: Health Coverage, Insurance and Financial Services
Sponsors: WHITE, BROOKS, BRYANT, MARTIN, STANLEY, THERIAULT, VEROW, DIAMOND, FARRIN
Amends: 24-A MRSA §2159-C

Legislative Document
No. 1314
H.P. 949
House of Representatives, March 19, 2019
An Act To Extend Protections for Genetic Information
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative WHITE of Waterville.
Cosponsored by Representatives: BROOKS of Lewiston, BRYANT of Windham, MARTIN of 
Greene, STANLEY of Medway, THERIAULT of China, VEROW of Brewer, Senators: 
DIAMOND of Cumberland, FARRIN of Somerset.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24-A MRSA §2159-C, sub-§3, as enacted by PL 1997, c. 677, §2, is 
amended to read:
3.  Discrimination in life, disability and long-term care insurance.  An insurer 
may not make or permit any unfair discrimination discriminate against an individual in 
the application of on the basis of genetic information or the results of a genetic test in the 
issuance, withholding, extension or renewal of an insurance policy for life, credit life, 
disability, long-term care, accidental injury, specified disease, hospital indemnity or 
credit accident insurance or an annuity. For the purposes of this subsection, "unfair 
discrimination" includes, but is not limited to, the application of the results of a genetic 
test in a manner that is not reasonably related to anticipated claims experience.
A.  If the superintendent has reason to believe that unfair discrimination has occurred 
and that a proceeding by the superintendent is in the interest of the public, the 
superintendent, in accordance with chapter 3, shall serve upon the insurer a statement 
of the charges.  Upon a determination that the practice or act of the insurer is in 
conflict with this subsection, the superintendent shall issue an order requiring the 
insurer to cease and desist from engaging in the practice or act and may order 
payment of a penalty consistent with the provisions of section 12-A.
B.  If, in the issuance, withholding, extension or renewal of an insurance policy 
covered by this subsection, an insurer uses the results of a genetic test in compliance 
with this subsection, the insurer shall notify the individual who is the subject of the 
genetic test that such a test is required and shall obtain the individual's authorization 
in accordance with the requirements of chapter 24.  If a genetic test is required, the 
insurer shall ensure that the individual states in writing whether the individual wishes 
to be informed of the test results and, if authorized by the individual, shall provide a 
copy of the test results, along with a written interpretation of the results by a qualified 
professional, to the individual or to a physician or other health care practitioner 
designated by the individual.
SUMMARY
Under current law, when considering the issuance, withholding, extension or renewal 
of an insurance policy for life, credit life, disability, long-term care, accidental injury, 
specified disease, hospital indemnity or credit accident insurance or an annuity, an insurer 
may consider an applicant's genetic information or the results of an applicant's genetic 
test as long as the consideration of genetic information or test results does not constitute 
"unfair discrimination."  This bill strikes language that authorizes the consideration of 
genetic information or test results and instead prohibits an insurer from discriminating 
against an individual on the basis of genetic information or the results of a genetic test in 
the issuance, withholding, extension or renewal of an insurance policy for life, credit life, 
disability, long-term care, accidental injury, specified disease, hospital indemnity or 
credit accident insurance or an annuity.