Florida Senate - 2018 SB 1106 By Senator Bean 4-01646A-18 20181106__ 1 A bill to be entitled 2 An act relating to genetic information used for 3 insurance; amending s. 627.4301, F.S.; defining terms; 4 prohibiting life insurers and long-term care insurers, 5 except under certain circumstances, from canceling, 6 limiting, or denying coverage, or establishing 7 differentials in premium rates, based on genetic 8 information; prohibiting such insurers from certain 9 actions relating to genetic information for any 10 insurance purpose; revising and providing 11 applicability; providing an effective date. 12 13 Be It Enacted by the Legislature of the State of Florida: 14 15 Section 1. Section 627.4301, Florida Statutes, is amended 16 to read: 17 627.4301 Genetic information for insurance purposes.— 18 (1) DEFINITIONS.—As used in this section, the term: 19 (a) “Genetic information” means information derived from 20 genetic testing to determine the presence or absence of 21 variations or mutations, including carrier status, in an 22 individual’s genetic material or genes that are scientifically 23 or medically believed to cause a disease, disorder, or syndrome, 24 or are associated with a statistically increased risk of 25 developing a disease, disorder, or syndrome, which is 26 asymptomatic at the time of testing. Such testing does not 27 include routine physical examinations or chemical, blood, or 28 urine analysis, unless conducted purposefully to obtain genetic 29 information, or questions regarding family history. 30 (b) “Health insurer” means an authorized insurer offering 31 health insurance as defined in s. 624.603, a self-insured plan 32 as defined in s. 624.031, a multiple-employer welfare 33 arrangement as defined in s. 624.437, a prepaid limited health 34 service organization as defined in s. 636.003, a health 35 maintenance organization as defined in s. 641.19, a prepaid 36 health clinic as defined in s. 641.402, a fraternal benefit 37 society as defined in s. 632.601, or any health care arrangement 38 whereby risk is assumed. 39 (c) “Life insurer” has the same meaning as in s. 624.602 40 and includes an insurer issuing life insurance contracts that 41 grant additional benefits in the event of the insured’s 42 disability. 43 (d) “Long-term care insurer” means an insurer that issues 44 long-term care insurance policies as described in s. 627.9404. 45 (2) USE OF GENETIC INFORMATION.— 46 (a) In the absence of a diagnosis of a condition related to 47 genetic information, no health insurer, life insurer, or long 48 term care insurer authorized to transact insurance in this state 49 may cancel, limit, or deny coverage, or establish differentials 50 in premium rates, based on such information. 51 (b) Health insurers, life insurers, and long-term care 52 insurers may not require or solicit genetic information, use 53 genetic test results, or consider a person’s decisions or 54 actions relating to genetic testing in any manner for any 55 insurance purpose. 56 (c) This section does not apply to the underwriting or 57 issuance of an
a life insurance policy, disability income58 policy, long-term care policy,accident-only policy, hospital 59 indemnity or fixed indemnity policy, dental policy, or vision 60 policy or any other actions of an insurer directly related to an 61 a life insurance policy, disability income policy, long-term62 care policy,accident-only policy, hospital indemnity or fixed 63 indemnity policy, dental policy, or vision policy. 64 Section 2. This act applies to policies entered into or 65 renewed on or after January 1, 2019. 66 Section 3. This act shall take effect July 1, 2018.