Florida Senate - 2019 CS for SB 258 By the Committee on Health Policy; and Senators Bean and Benacquisto 588-04024-19 2019258c1 1 A bill to be entitled 2 An act relating to the use of genetic information; 3 amending s. 627.4301, F.S.; defining the terms 4 “genetic test results,” “life insurer,” and “long-term 5 care insurer”; prohibiting life insurers, long-term 6 care insurers, and disability income insurers from 7 certain actions relating to genetic information or 8 genetic testing of applicants; providing that such 9 insurers may consider an individual’s genetic test 10 results only under certain circumstances; prohibiting 11 such insurers from taking certain actions relating to 12 coverage or rates unless certain conditions are met; 13 providing that genetic information is nonpublic, 14 private health information and is subject to certain 15 privacy protections; providing construction and 16 applicability; amending s. 760.40, F.S.; revising the 17 definition of the term “DNA analysis”; specifying that 18 certain requirements relating to DNA analysis apply to 19 entities providing direct-to-consumer commercial 20 genetic testing; prohibiting certain actions by such 21 entities without a prior written authorization and 22 request from the consumer for release of certain 23 information; providing an effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 627.4301, Florida Statutes, is amended 28 to read: 29 627.4301 Genetic information for insurance purposes.— 30 (1) DEFINITIONS.—As used in this section, the term: 31 (a) “Genetic information” means information derived from 32 genetic testing to determine the presence or absence of 33 variations or mutations, including carrier status, in an 34 individual’s genetic material or genes that are scientifically 35 or medically believed to cause a disease, disorder, or syndrome, 36 or are associated with a statistically increased risk of 37 developing a disease, disorder, or syndrome, which is 38 asymptomatic at the time of testing. Such testing does not 39 include routine physical examinations or chemical, blood, or 40 urine analysis, unless conducted purposefully to obtain genetic 41 information, or questions regarding family history. 42 (b) “Genetic test results” includes, but is not limited to, 43 results of direct-to-consumer commercial genetic testing. 44 (c) “Health insurer” means an authorized insurer offering 45 health insurance as defined in s. 624.603, a self-insured plan 46 as defined in s. 624.031, a multiple-employer welfare 47 arrangement as defined in s. 624.437, a prepaid limited health 48 service organization as defined in s. 636.003, a health 49 maintenance organization as defined in s. 641.19, a prepaid 50 health clinic as defined in s. 641.402, a fraternal benefit 51 society as defined in s. 632.601, or any health care arrangement 52 whereby risk is assumed. 53 (d) “Life insurer” has the same meaning as provided in s. 54 624.602 and includes an insurer issuing life insurance contracts 55 that grant additional benefits in the event of an insured’s 56 disability. 57 (e) “Long-term care insurer” means an insurer that issues 58 long-term care insurance policies as described in s. 627.9404. 59 (2) RESTRICTIONS ON THE USE OF GENETIC INFORMATION BY 60 HEALTH INSURERS.— 61 (a) In the absence of a diagnosis of a condition related to 62 genetic information, no health insurer authorized to transact 63 insurance in this state may cancel, limit, or deny coverage, or 64 establish differentials in premium rates, based on such 65 information. 66 (b) Health insurers may not require or solicit genetic 67 information, use genetic test results, or consider a person’s 68 decisions or actions relating to genetic testing in any manner 69 for any insurance purpose. 70 (c) This subsection
sectiondoes not apply to the 71 underwriting or issuance of a life insurance policy, disability 72 income policy, long-term care policy, accident-only policy, 73 hospital indemnity or fixed indemnity policy, dental policy, or 74 vision policy or any other actions of an insurer directly 75 related to a life insurance policy, disability income policy, 76 long-term care policy, accident-only policy, hospital indemnity 77 or fixed indemnity policy, dental policy, or vision policy. 78 (3) RESTRICTIONS ON THE USE OF GENETIC INFORMATION BY LIFE 79 INSURERS, LONG-TERM CARE INSURERS, AND DISABILITY INCOME 80 INSURERS.— 81 (a) A life insurer, long-term care insurer, or disability 82 income insurer may not: 83 1. Require an applicant to take a genetic test; 84 2. Collect an applicant’s genetic information or genetic 85 test results without the applicant’s authorization; or 86 3. Consider the results of a genetic test that is designed 87 to share information with an individual concerning the 88 applicant’s race, ethnicity, or national origin and that is not 89 related to an applicant’s medical condition or future health 90 risk. 91 (b) A life insurer, long-term care insurer, or disability 92 income insurer may only consider genetic test results included 93 in an individual’s medical record if the tests have been 94 reviewed and confirmed by the individual’s physician and the 95 insurer complies with paragraph (c). 96 (c) A life insurer, long-term care insurer, or disability 97 income insurer may not cancel, limit, or deny coverage, or 98 establish differentials in premium rates, based on genetic 99 information unless such action is based on objective statistical 100 evidence related to actual or anticipated loss experience that 101 is relevant to an individual’s life expectancy or health. A life 102 insurer, long-term care insurer, or disability income insurer 103 shall document the rationale for such action and provide the 104 documentation to the office upon request. 105 (d) Genetic information, including genetic test results, is 106 nonpublic, private health information and is subject to the 107 privacy protections under ss. 626.9651 and 760.40. 108 (e) This subsection does not relieve the obligation of a 109 life insurer, long-term care insurer, or disability income 110 insurer to comply with ss. 626.9706 and 626.9707. 111 (f) This subsection does not apply to health insurers. 112 (g) This subsection applies to policies entered into or 113 renewed on or after January 1, 2020. 114 Section 2. Section 760.40, Florida Statutes, is amended to 115 read: 116 760.40 Genetic testing; informed consent; confidentiality; 117 penalties; notice of use of results.— 118 (1) As used in this section, the term “DNA analysis” means 119 the medical and biological examination and analysis of a person 120 to identify the presence and composition of genes in that 121 person’s body. The term includes DNA typing and genetic testing, 122 which includes direct-to-consumer commercial genetic testing. 123 (2)(a) Except for purposes of criminal prosecution, except 124 for purposes of determining paternity as provided in s. 409.256 125 or s. 742.12(1), and except for purposes of acquiring specimens 126 as provided in s. 943.325, DNA analysis may be performed only 127 with the informed consent of the person to be tested, and the 128 results of such DNA analysis, whether held by a public or 129 private entity, are the exclusive property of the person tested, 130 are confidential, and may not be disclosed without the consent 131 of the person tested. Such information held by a public entity 132 is exempt from the provisions of s. 119.07(1) and s. 24(a), Art. 133 I of the State Constitution. 134 (b) A person who violates paragraph (a) is guilty of a 135 misdemeanor of the first degree, punishable as provided in s. 136 775.082 or s. 775.083. 137 (3) A person, including an entity providing direct-to 138 consumer commercial genetic testing, who performs DNA analysis 139 or receives records, results, or findings of DNA analysis must 140 provide the person tested with notice that the analysis was 141 performed or that the information was received. The notice must 142 state that, upon the request of the person tested, the 143 information will be made available to his or her physician. The 144 notice must also state whether the information was used in any 145 decision to grant or deny any insurance, employment, mortgage, 146 loan, credit, or educational opportunity. If the information was 147 used in any decision that resulted in a denial, the analysis 148 must be repeated to verify the accuracy of the first analysis, 149 and if the first analysis is found to be inaccurate, the denial 150 must be reviewed. 151 (4) A person, including a company providing direct-to 152 consumer commercial genetic testing, may not sell, release, or 153 share any personal identifying health information about a 154 consumer with a life or health insurance company without a prior 155 written authorization and a written request from the consumer 156 for release of the information. 157 Section 3. This act shall take effect July 1, 2019.