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 income
58 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-term
62 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.