Florida Senate - 2019                              CS for SB 258
       By the Committee on Health Policy; and Senators Bean and
       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.
   25  Be It Enacted by the Legislature of the State of Florida:
   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.
   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 section does 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.
   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.