Florida Senate - 2019                          SENATOR AMENDMENT
       Bill No. CS for HB 879
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       Senator Bean moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 17 - 63
    4  and insert:
    5         627.4301 Use of genetic information for insurance
    6  purposes.—
    7         (1) DEFINITIONS.—As used in this section, the term:
    8         (a) “Genetic information” means information derived from
    9  genetic testing to determine the presence or absence of
   10  variations or mutations, including carrier status, in an
   11  individual’s genetic material or genes that are scientifically
   12  or medically believed to cause a disease, disorder, or syndrome,
   13  or are associated with a statistically increased risk of
   14  developing a disease, disorder, or syndrome, which is
   15  asymptomatic at the time of testing. Such testing does not
   16  include routine physical examinations or chemical, blood, or
   17  urine analysis, unless conducted purposefully to obtain genetic
   18  information, or questions regarding family history.
   19         (b) “Genetic test results” includes, but is not limited to,
   20  results of direct-to-consumer commercial genetic testing.
   21         (c) “Health insurer” means an authorized insurer offering
   22  health insurance as defined in s. 624.603, a self-insured plan
   23  as defined in s. 624.031, a multiple-employer welfare
   24  arrangement as defined in s. 624.437, a prepaid limited health
   25  service organization as defined in s. 636.003, a health
   26  maintenance organization as defined in s. 641.19, a prepaid
   27  health clinic as defined in s. 641.402, a fraternal benefit
   28  society as defined in s. 632.601, or any health care arrangement
   29  whereby risk is assumed.
   30         (d)“Life insurer” has the same meaning as provided in s.
   31  624.602 and includes an insurer issuing life insurance contracts
   32  that grant additional benefits in the event of the insured’s
   33  disability.
   34         (e)“Long-term care insurer” means an insurer that issues
   35  long-term care insurance policies as described in s. 627.9404.
   37         (a) In the absence of a diagnosis of a condition related to
   38  genetic information, no health insurer, life insurer, or long
   39  term care insurer authorized to transact insurance in this state
   40  may cancel, limit, or deny coverage, or establish differentials
   41  in premium rates, based on such information.
   42         (b) Health insurers, life insurers, long-term care
   43  insurers, and disability income insurers may not require or
   44  solicit genetic information, use genetic test results, or
   45  consider a person’s decisions or actions relating to genetic
   46  testing in any manner for any insurance purpose.
   47         (c) Health insurers, life insurers, long-term care
   48  insurers, and disability income insurers may use genetic test
   49  results when a diagnosis related to the genetic information is
   50  present.
   51         (d) This subsection section does not apply to the
   52  underwriting or issuance of an a life insurance policy,
   53  disability income policy, long-term care policy, accident-only
   54  policy, hospital indemnity or fixed indemnity policy, dental
   55  policy, or vision policy or any other actions of an insurer
   56  directly related to an a life insurance policy, disability
   57  income policy, long-term care policy, accident-only policy,
   58  hospital indemnity or fixed indemnity policy, dental policy, or
   59  vision policy.
   61  RELEASE.—A direct-to-consumer commercial genetic testing entity
   62  may release genetic test results or genetic information, DNA
   63  analysis, or other personally identifiable health information
   64  only by providing the following release in a standalone document
   65  to the consumer and obtaining the consumer’s signature on such
   66  document prior to release:
   70         By signing this release, I hereby acknowledge that
   71  ...(Company name)... is authorized to release my genetic test
   72  results and information to ...(Person or entity to receive
   73  information).... I understand that signing this document is
   74  VOLUNTARY and I AM NOT REQUIRED to sign this document in order
   75  to use this product.
   77         I, ...(Name)..., hereby authorize ...(Company name)... to
   78  release my confidential genetic test results and information to
   79  ...(Person or entity to receive information)....
   81         ...(Signature)...
   83  ================= T I T L E  A M E N D M E N T ================
   84  And the title is amended as follows:
   85         Delete lines 2 - 10
   86  and insert:
   87         An act relating to the use of genetic information;
   88         amending s. 627.4301, F.S.; defining terms;
   89         prohibiting life insurers and long-term care insurers
   90         from canceling, limiting, or denying coverage, or
   91         establishing differentials in premium rates, based on
   92         genetic information; prohibiting certain insurers from
   93         certain actions relating to genetic information and
   94         genetic testing; deleting a prohibition against the
   95         use of genetic test results by health insurers;
   96         specifying when certain insurers may use genetic test
   97         results; providing that a direct-to-consumer
   98         commercial genetic testing entity may release genetic
   99         test results or certain information only by providing
  100         a specified release to the consumer and obtaining the
  101         consumer’s signature before release; providing
  102         applicability; providing an