Florida Senate - 2018 CS for SB 1106 By the Committee on Banking and Insurance; and Senator Bean 597-02929-18 20181106c1 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 a prohibition on the use 11 of genetic test results by health insurers; revising 12 and providing applicability; providing an effective 13 date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Section 627.4301, Florida Statutes, is amended 18 to read: 19 627.4301 Genetic information for insurance purposes.— 20 (1) DEFINITIONS.—As used in this section, the term: 21 (a) “Genetic information” means information derived from 22 genetic testing to determine the presence or absence of 23 variations or mutations, including carrier status, in an 24 individual’s genetic material or genes that are scientifically 25 or medically believed to cause a disease, disorder, or syndrome, 26 or are associated with a statistically increased risk of 27 developing a disease, disorder, or syndrome, which is 28 asymptomatic at the time of testing. Such testing does not 29 include routine physical examinations or chemical, blood, or 30 urine analysis, unless conducted purposefully to obtain genetic 31 information, or questions regarding family history. 32 (b) “Health insurer” means an authorized insurer offering 33 health insurance as defined in s. 624.603, a self-insured plan 34 as defined in s. 624.031, a multiple-employer welfare 35 arrangement as defined in s. 624.437, a prepaid limited health 36 service organization as defined in s. 636.003, a health 37 maintenance organization as defined in s. 641.19, a prepaid 38 health clinic as defined in s. 641.402, a fraternal benefit 39 society as defined in s. 632.601, or any health care arrangement 40 whereby risk is assumed. 41 (c) “Life insurer” has the same meaning as in s. 624.602 42 and includes an insurer issuing life insurance contracts that 43 grant additional benefits in the event of the insured’s 44 disability. 45 (d) “Long-term care insurer” means an insurer that issues 46 long-term care insurance policies as described in s. 627.9404. 47 (2) USE OF GENETIC INFORMATION.— 48 (a) In the absence of a diagnosis of a condition related to 49 genetic information, no health insurer, life insurer, or long 50 term care insurer authorized to transact insurance in this state 51 may cancel, limit, or deny coverage, or establish differentials 52 in premium rates, based on such information. 53 (b) Health insurers, life insurers, and long-term care 54 insurers may not require or solicit genetic information, use 55 genetic test results in the absence of a diagnosis of a 56 condition related to genetic information, or consider a person’s 57 decisions or actions relating to genetic testing in any manner 58 for any insurance purpose. 59 (c) This section does not apply to the underwriting or 60 issuance of an
a life insurance policy, disability income61 policy, long-term care policy,accident-only policy, hospital 62 indemnity or fixed indemnity policy, dental policy, or vision 63 policy or any other actions of an insurer directly related to an 64 a life insurance policy, disability income policy, long-term65 care policy,accident-only policy, hospital indemnity or fixed 66 indemnity policy, dental policy, or vision policy. 67 Section 2. This act applies to policies entered into or 68 renewed on or after January 1, 2019. 69 Section 3. This act shall take effect July 1, 2018.