Florida Senate - 2020                             CS for SB 1564
       
       
        
       By the Committee on Banking and Insurance; and Senator Stargel
       
       
       
       
       
       597-02767-20                                          20201564c1
    1                        A bill to be entitled                      
    2         An act relating to the use of genetic information;
    3         amending s. 627.4301, F.S.; revising the definition of
    4         the term “genetic information”; defining the terms
    5         “life insurer” and “long-term care insurer”;
    6         specifying criteria that must be met before a life
    7         insurer, long-term care insurer, or disability income
    8         insurer may use genetic information for underwriting
    9         purposes; specifying prohibited acts by such insurers
   10         relating to genetic information; amending s. 760.40,
   11         F.S.; prohibiting companies providing direct-to
   12         consumer commercial genetic testing from sharing
   13         certain information about a consumer with a life
   14         insurer or health insurer unless the company obtains
   15         the consumer’s prior written consent; providing an
   16         effective date.
   17          
   18  Be It Enacted by the Legislature of the State of Florida:
   19  
   20         Section 1. Section 627.4301, Florida Statutes, is amended
   21  to read:
   22         627.4301 Genetic information for insurance purposes.—
   23         (1) DEFINITIONS.—As used in this section, the term:
   24         (a) “Genetic information” means information derived from
   25  genetic testing to determine the presence or absence of
   26  variations or mutations, including carrier status, in an
   27  individual’s genetic material or genes that are scientifically
   28  or medically believed to cause a disease, disorder, or syndrome,
   29  or are associated with a statistically increased risk of
   30  developing a disease, disorder, or syndrome, which is
   31  asymptomatic at the time of testing. Such testing does not
   32  include routine physical examinations or chemical, blood, or
   33  urine analysis, unless conducted purposefully to obtain genetic
   34  information, or questions regarding family history. Genetic
   35  information includes the results of direct-to-consumer
   36  commercial genetic testing.
   37         (b) “Health insurer” means an authorized insurer offering
   38  health insurance as defined in s. 624.603, a self-insured plan
   39  as defined in s. 624.031, a multiple-employer welfare
   40  arrangement as defined in s. 624.437, a prepaid limited health
   41  service organization as defined in s. 636.003, a health
   42  maintenance organization as defined in s. 641.19, a prepaid
   43  health clinic as defined in s. 641.402, a fraternal benefit
   44  society as defined in s. 632.601, or any health care arrangement
   45  whereby risk is assumed.
   46         (c)“Life insurer” has the same meaning as provided in s.
   47  624.602 and includes an insurer issuing life insurance contracts
   48  that grant additional benefits in the event of the insured’s
   49  disability.
   50         (d)“Long-term care insurer” means an insurer that issues
   51  long-term care insurance policies as defined in s. 627.9404.
   52         (2) USE OF GENETIC INFORMATION.—
   53         (a) In the absence of a diagnosis of a condition related to
   54  genetic information, no health insurer authorized to transact
   55  insurance in this state may cancel, limit, or deny coverage, or
   56  establish differentials in premium rates, based on such
   57  information.
   58         (b) Health insurers may not require or solicit genetic
   59  information, use genetic test results, or consider a person’s
   60  decisions or actions relating to genetic testing in any manner
   61  for any insurance purpose.
   62         (c) A life insurer, long-term care insurer, or disability
   63  income insurer may use genetic information for underwriting
   64  purposes only if all of the following criteria are met:
   65         1.The genetic information is contained in the medical
   66  record.
   67         2.The use of any genetic testing results is limited to
   68  what is in the medical record.
   69         3.The genetic information is relevant to a potential
   70  medical condition that impacts mortality or morbidity risk.
   71         4.The genetic information is related to expected mortality
   72  or morbidity based on sound actuarial principles or reasonably
   73  expected experience.
   74         (d)A life insurer, long-term care insurer, or disability
   75  income insurer may not:
   76         1.Cancel coverage based solely on genetic information;
   77         2.Require an applicant to take a genetic test as a
   78  condition of insurability; or
   79         3.Obtain, request, or otherwise require the complete
   80  genome sequence of an applicant’s DNA.
   81         (e) This section does not apply to the underwriting or
   82  issuance of an a life insurance policy, disability income
   83  policy, long-term care policy, accident-only policy, a hospital
   84  indemnity or fixed indemnity policy, a dental policy, or a
   85  vision policy or any other actions of an insurer directly
   86  related to an a life insurance policy, disability income policy,
   87  long-term care policy, accident-only policy, a hospital
   88  indemnity or fixed indemnity policy, a dental policy, or a
   89  vision policy.
   90         Section 2. Subsection (4) is added to section 760.40,
   91  Florida Statutes, to read:
   92         760.40 Genetic testing; informed consent; confidentiality;
   93  penalties; notice of use of results.—
   94         (4) A company providing direct-to-consumer commercial
   95  genetic testing may not share any genetic information or
   96  personally identifiable information about a consumer with a life
   97  insurer or health insurer unless the company obtains prior
   98  written consent from the consumer.
   99         Section 3. This act shall take effect July 1, 2020.