An Act Relating to the Use of Genetic Information for Insurance Purposes
Maine Legislature, Session 130, LD 1085
Committee: Health Coverage, Insurance and Financial Services
Sponsors: HYMANSON, BROOKS, EVANS, WHITE, CLAXTON
Amends: 24-A MRSA §2159-C, 24-A MRSA §2159-F, 24-A MRSA §6981

Legislative Document
No. 1085
H.P. 800
House of Representatives, March 11, 2021
An Act Relating to the Use of Genetic Information for Insurance 
Purposes
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HYMANSON of York.
Cosponsored by Representatives: BROOKS of Lewiston, EVANS of Dover-Foxcroft, WHITE 
of Waterville, Senator: CLAXTON of Androscoggin.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  24-A MRSA §2159-C, as amended by PL 2019, c. 208, §1, is repealed.
Sec. 2.  24-A MRSA §2159-F is enacted to read:
§2159-F.  Genetic information for insurance purposes
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "Genetic information" means information derived from genetic testing of an 
individual's genetic material or genes to determine the presence or absence of variations 
or mutations, including carrier status, that are scientifically or medically determined to 
cause a disease, disorder or syndrome, or that are associated with a statistically 
increased risk of developing a disease, disorder or syndrome, that is asymptomatic at 
the time of testing. Such genetic testing does not include routine physical examinations 
or chemical, blood or urine analysis, unless conducted purposefully to obtain genetic 
information or answer questions regarding family history.
B.  "Health insurer" means an insurer, nonprofit hospital or medical service 
organization or health maintenance organization that issues individual or group 
hospital, health or dental insurance.
C.  "Life insurer" means an insurer that issues life, credit life, disability, accidental 
injury, specified disease, hospital indemnity or credit accident insurance or annuities.
D.  "Long-term care insurer" means an insurer that issues long-term care insurance.
2.  Use of genetic information.  This subsection governs the use of genetic 
information.
A.  In the absence of a medical diagnosis of a disease, disorder or syndrome related to 
genetic information, a health insurer, life insurer or long-term care insurer may not 
cancel, limit or deny coverage or establish differentials in premium rates based on such 
genetic information.
B.  A health insurer, life insurer or long-term care insurer may not request, require, 
purchase or otherwise solicit genetic information, use genetic test results or consider 
an individual's decisions or actions relating to genetic testing in any manner for any 
insurance purpose.
3.  Application; construction.  This section applies to policies executed, delivered, 
issued for delivery, continued or renewed on or after January 1, 2022.  This section may 
not be construed as preventing a life insurer or long-term care insurer from accessing an 
individual's medical record as part of an application examination. This section does not 
prohibit a life insurer or long-term care insurer from considering a medical diagnosis 
included in an individual's medical record, even if a diagnosis was made based on the 
results of a genetic test.
Sec. 3.  24-A MRSA §6981, sub-§9, ¶H, as enacted by PL 2007, c. 447, §11, is 
amended to read:
H.  The provisions of sections section 2159-B and 2159-C relating to discrimination 
against victims of domestic abuse and discrimination on the basis of genetic 
information or testing and section 2159-F relating to the use of genetic information.
Sec. 4.  Effective date. This Act takes effect January 1, 2022.
SUMMARY
This bill repeals current law prohibiting discrimination by insurers on the basis of 
genetic information or testing and enacts a provision prohibiting, after January 1, 2022, 
insurers that issue individual or group hospital, health or dental insurance or life, credit life, 
disability, long-term care, accidental injury, specified disease, hospital indemnity or credit 
accident insurance or annuities from canceling, limiting or denying coverage or 
establishing differentials in premium rates based on genetic information under certain 
circumstances and prohibiting such insurers from requesting, requiring, purchasing or 
otherwise soliciting genetic information, using genetic test results or considering a person's 
decisions or actions relating to genetic testing in any manner for any insurance purpose.