Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. CS for SB 1564 Ì370850ÊÎ370850 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Stargel) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 627.4301, Florida Statutes, is amended 6 to read: 7 627.4301 Genetic information for insurance purposes.— 8 (1) DEFINITIONS.—As used in this section, the term: 9 (a) “Genetic information” means information derived from 10 genetic testing to determine the presence or absence of 11 variations or mutations, including carrier status, in an 12 individual’s genetic material or genes that are scientifically 13 or medically believed to cause a disease, disorder, or syndrome, 14 or are associated with a statistically increased risk of 15 developing a disease, disorder, or syndrome, which is 16 asymptomatic at the time of testing. Such testing does not 17 include routine physical examinations or chemical, blood, or 18 urine analysis, unless conducted purposefully to obtain genetic 19 information, or questions regarding family history. 20 (b) “Health insurer” means an authorized insurer offering 21 health insurance as defined in s. 624.603, a self-insured plan 22 as defined in s. 624.031, a multiple-employer welfare 23 arrangement as defined in s. 624.437, a prepaid limited health 24 service organization as defined in s. 636.003, a health 25 maintenance organization as defined in s. 641.19, a prepaid 26 health clinic as defined in s. 641.402, a fraternal benefit 27 society as defined in s. 632.601, or any health care arrangement 28 whereby risk is assumed. 29 (c) “Life insurer” has the same meaning as in s. 624.602 30 and includes an insurer issuing life insurance contracts that 31 grant additional benefits in the event of the insured’s 32 disability. 33 (d) “Long-term care insurer” means an insurer that issues 34 long-term care insurance policies as described in s. 627.9404. 35 (2) USE OF GENETIC INFORMATION.— 36 (a) In the absence of a diagnosis of a condition related to 37 genetic information,
nohealth insurers, life insurers, and 38 long-term care insurers insurerauthorized to transact insurance 39 in this state may not cancel, limit, or deny coverage, or 40 establish differentials in premium rates, based on such 41 information. 42 (b) Health insurers, life insurers, and long-term care 43 insurers may not require or solicit genetic information, use 44 genetic test results, or consider a person’s decisions or 45 actions relating to genetic testing in any manner for any 46 insurance purpose. 47 (c) This section does not apply to the underwriting or 48 issuance of an a life insurance policy, disability income49 policy, long-term care policy,accident-only policy, hospital 50 indemnity or fixed indemnity policy, dental policy, or vision 51 policy or any other actions of an insurer directly related to an 52 a life insurance policy, disability income policy, long-term53 care policy,accident-only policy, hospital indemnity or fixed 54 indemnity policy, dental policy, or vision policy. 55 (d) Nothing in this section shall be construed as 56 preventing a life insurer from accessing an individual’s medical 57 record as part of an application exam. Nothing in this section 58 prohibits a life insurer from considering a medical diagnosis 59 included in an individual’s medical record, even if a diagnosis 60 was made based on the results of a genetic test. 61 Section 2. This act applies to policies entered into or 62 renewed on or after January 1, 2021. 63 Section 3. This act shall take effect July 1, 2020. 64 65 ================= T I T L E A M E N D M E N T ================ 66 And the title is amended as follows: 67 Delete everything before the enacting clause 68 and insert: 69 A bill to be entitled 70 An act relating to genetic information for insurance 71 purposes; amending s. 627.4301, F.S.; providing 72 definitions; prohibiting life insurers and long-term 73 care insurers from canceling, limiting, or denying 74 coverage or establishing differentials in premium 75 rates based on genetic information under certain 76 circumstances; prohibiting such insurers from taking 77 certain actions relating to genetic information for 78 any insurance purpose; providing construction and 79 applicability; providing an effective date.