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 income83 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.