Florida Senate - 2019                                     SB 258
       By Senator Bean
       4-00114-19                                             2019258__
    1                        A bill to be entitled                      
    2         An act relating to genetic information used for
    3         insurance purposes; amending s. 627.4301, F.S.;
    4         defining terms; prohibiting life insurers and long
    5         term care insurers, except under certain
    6         circumstances, from canceling, limiting, or denying
    7         coverage, or establishing differentials in premium
    8         rates, based on genetic information; prohibiting such
    9         insurers from taking certain actions relating to
   10         genetic information for any insurance purpose;
   11         revising a prohibition on the use of genetic test
   12         results by health insurers; revising and providing
   13         applicability; 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         (c)“Life insurer” has the same meaning as in s. 624.602
   42  and includes an insurer issuing life insurance contracts that
   43  grant additional benefits in the event of the insured’s
   44  disability.
   45         (d)“Long-term care insurer” means an insurer that issues
   46  long-term care insurance policies as described in s. 627.9404.
   47         (2) USE OF GENETIC INFORMATION.—
   48         (a) In the absence of a diagnosis of a condition related to
   49  genetic information, no health insurer, life insurer, or long
   50  term care insurer authorized to transact insurance in this state
   51  may cancel, limit, or deny coverage, or establish differentials
   52  in premium rates, based on such information.
   53         (b) Health insurers, life insurers, and long-term care
   54  insurers may not require or solicit genetic information, use
   55  genetic test results in the absence of a diagnosis of a
   56  condition related to genetic information, or consider a person’s
   57  decisions or actions relating to genetic testing in any manner
   58  for any insurance purpose.
   59         (c) This section does not apply to the underwriting or
   60  issuance of an a life insurance policy, disability income
   61  policy, long-term care policy, accident-only policy, hospital
   62  indemnity or fixed indemnity policy, dental policy, or vision
   63  policy or any other actions of an insurer directly related to an
   64  a life insurance policy, disability income policy, long-term
   65  care policy, accident-only policy, hospital indemnity or fixed
   66  indemnity policy, dental policy, or vision policy.
   67         Section 2. This act applies to policies entered into or
   68  renewed on or after January 1, 2020.
   69         Section 3. This act shall take effect July 1, 2019.