Florida Senate - 2013                                     SB 982
       By Senator Gibson
       9-01112-13                                             2013982__
    1                        A bill to be entitled                      
    2         An act relating to genetic information for insurance
    3         purposes; amending s. 627.4301, F.S.; prohibiting
    4         insurers authorized to transact insurance in this
    5         state from cancelling, limiting, denying coverage, or
    6         establishing differentials in premium rates, based on
    7         genetic information under certain circumstances;
    8         prohibiting insurers from requiring or soliciting
    9         genetic information or taking other specified actions
   10         with respect to genetic information for insurance
   11         purposes; deleting a definition to conform to changes
   12         made by the act; providing for applicability;
   13         providing an effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   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         (2) USE OF GENETIC INFORMATION.—
   42         (a) In the absence of a diagnosis of a condition related to
   43  genetic information, no health insurer authorized to transact
   44  insurance in this state may cancel, limit, or deny coverage, or
   45  establish differentials in premium rates, based on such
   46  information.
   47         (b) Health Insurers may not require or solicit genetic
   48  information, use genetic test results, or consider a person’s
   49  decisions or actions relating to genetic testing in any manner
   50  for any insurance purpose.
   51         (c) This section applies does not apply to the underwriting
   52  or issuance of a life insurance policy, disability income
   53  policy, long-term care policy, accident-only policy, hospital
   54  indemnity or fixed indemnity policy, dental policy, or vision
   55  policy or any other actions of an insurer directly related to a
   56  life insurance policy, disability income policy, long-term care
   57  policy, accident-only policy, hospital indemnity or fixed
   58  indemnity policy, dental policy, or vision policy.
   59         Section 2. This act shall take effect July 1, 2013.