Florida Senate - 2018                                    SB 1106
       By Senator Bean
       4-01646A-18                                           20181106__
    1                        A bill to be entitled                      
    2         An act relating to genetic information used for
    3         insurance; amending s. 627.4301, F.S.; defining terms;
    4         prohibiting life insurers and long-term care insurers,
    5         except under certain circumstances, from canceling,
    6         limiting, or denying coverage, or establishing
    7         differentials in premium rates, based on genetic
    8         information; prohibiting such insurers from certain
    9         actions relating to genetic information for any
   10         insurance purpose; revising and providing
   11         applicability; providing an effective date.
   13  Be It Enacted by the Legislature of the State of Florida:
   15         Section 1. Section 627.4301, Florida Statutes, is amended
   16  to read:
   17         627.4301 Genetic information for insurance purposes.—
   18         (1) DEFINITIONS.—As used in this section, the term:
   19         (a) “Genetic information” means information derived from
   20  genetic testing to determine the presence or absence of
   21  variations or mutations, including carrier status, in an
   22  individual’s genetic material or genes that are scientifically
   23  or medically believed to cause a disease, disorder, or syndrome,
   24  or are associated with a statistically increased risk of
   25  developing a disease, disorder, or syndrome, which is
   26  asymptomatic at the time of testing. Such testing does not
   27  include routine physical examinations or chemical, blood, or
   28  urine analysis, unless conducted purposefully to obtain genetic
   29  information, or questions regarding family history.
   30         (b) “Health insurer” means an authorized insurer offering
   31  health insurance as defined in s. 624.603, a self-insured plan
   32  as defined in s. 624.031, a multiple-employer welfare
   33  arrangement as defined in s. 624.437, a prepaid limited health
   34  service organization as defined in s. 636.003, a health
   35  maintenance organization as defined in s. 641.19, a prepaid
   36  health clinic as defined in s. 641.402, a fraternal benefit
   37  society as defined in s. 632.601, or any health care arrangement
   38  whereby risk is assumed.
   39         (c)“Life insurer” has the same meaning as in s. 624.602
   40  and includes an insurer issuing life insurance contracts that
   41  grant additional benefits in the event of the insured’s
   42  disability.
   43         (d)“Long-term care insurer” means an insurer that issues
   44  long-term care insurance policies as described in s. 627.9404.
   45         (2) USE OF GENETIC INFORMATION.—
   46         (a) In the absence of a diagnosis of a condition related to
   47  genetic information, no health insurer, life insurer, or long
   48  term care insurer authorized to transact insurance in this state
   49  may cancel, limit, or deny coverage, or establish differentials
   50  in premium rates, based on such information.
   51         (b) Health insurers, life insurers, and long-term care
   52  insurers may not require or solicit genetic information, use
   53  genetic test results, or consider a person’s decisions or
   54  actions relating to genetic testing in any manner for any
   55  insurance purpose.
   56         (c) This section does not apply to the underwriting or
   57  issuance of an a life insurance policy, disability income
   58  policy, long-term care policy, accident-only policy, hospital
   59  indemnity or fixed indemnity policy, dental policy, or vision
   60  policy or any other actions of an insurer directly related to an
   61  a life insurance policy, disability income policy, long-term
   62  care policy, accident-only policy, hospital indemnity or fixed
   63  indemnity policy, dental policy, or vision policy.
   64         Section 2. This act applies to policies entered into or
   65  renewed on or after January 1, 2019.
   66         Section 3. This act shall take effect July 1, 2018.