Florida Senate - 2020 COMMITTEE AMENDMENT Bill No. SB 1564 Ì208866QÎ208866 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Banking and Insurance (Stargel) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 627.4301, Florida Statutes, is amended 6 to read: 7 627.4301 Genetic information for insurance purposes.— 8 (1) DEFINITIONS.—As used in this section, the term: 9 (a) “Genetic information” means information derived from 10 genetic testing to determine the presence or absence of 11 variations or mutations, including carrier status, in an 12 individual’s genetic material or genes that are scientifically 13 or medically believed to cause a disease, disorder, or syndrome, 14 or are associated with a statistically increased risk of 15 developing a disease, disorder, or syndrome, which is 16 asymptomatic at the time of testing. Such testing does not 17 include routine physical examinations or chemical, blood, or 18 urine analysis, unless conducted purposefully to obtain genetic 19 information, or questions regarding family history. Genetic 20 information includes the results of direct-to-consumer 21 commercial genetic testing. 22 (b) “Health insurer” means an authorized insurer offering 23 health insurance as defined in s. 624.603, a self-insured plan 24 as defined in s. 624.031, a multiple-employer welfare 25 arrangement as defined in s. 624.437, a prepaid limited health 26 service organization as defined in s. 636.003, a health 27 maintenance organization as defined in s. 641.19, a prepaid 28 health clinic as defined in s. 641.402, a fraternal benefit 29 society as defined in s. 632.601, or any health care arrangement 30 whereby risk is assumed. 31 (c) “Life insurer” has the same meaning as provided in s. 32 624.602 and includes an insurer issuing life insurance contracts 33 that grant additional benefits in the event of the insured’s 34 disability. 35 (d) “Long-term care insurer” means an insurer that issues 36 long-term care insurance policies as defined in s. 627.9404. 37 (2) USE OF GENETIC INFORMATION.— 38 (a) In the absence of a diagnosis of a condition related to 39 genetic information, no health insurer authorized to transact 40 insurance in this state may cancel, limit, or deny coverage, or 41 establish differentials in premium rates, based on such 42 information. 43 (b) Health insurers may not require or solicit genetic 44 information, use genetic test results, or consider a person’s 45 decisions or actions relating to genetic testing in any manner 46 for any insurance purpose. 47 (c) A life insurer, long-term care insurer, or disability 48 income insurer may use genetic information for underwriting 49 purposes only if all of the following criteria are met: 50 1. The genetic information is contained in the medical 51 record. 52 2. The use of any genetic testing results is limited to 53 what is in the medical record. 54 3. The genetic information is relevant to a potential 55 medical condition that impacts mortality or morbidity risk. 56 4. The genetic information is related to expected mortality 57 or morbidity based on sound actuarial principles or reasonably 58 expected experience. 59 (d) A life insurer, long-term care insurer, or disability 60 income insurer may not: 61 1. Cancel coverage based solely on genetic information; 62 2. Require an applicant to take a genetic test as a 63 condition of insurability; or 64 3. Obtain, request, or otherwise require the complete 65 genome sequence of an applicant’s DNA. 66 (e) This section does not apply to the underwriting or 67 issuance of an
a life insurance policy, disability income68 policy, long-term care policy,accident-only policy, a hospital 69 indemnity or fixed indemnity policy, a dental policy, or a 70 vision policy or any other actions of an insurer directly 71 related to an a life insurance policy, disability income policy,72 long-term care policy,accident-only policy, a hospital 73 indemnity or fixed indemnity policy, a dental policy, or a 74 vision policy. 75 Section 2. Subsection (4) is added to section 760.40, 76 Florida Statutes, to read: 77 760.40 Genetic testing; informed consent; confidentiality; 78 penalties; notice of use of results.— 79 (4) A company providing direct-to-consumer commercial 80 genetic testing may not share any genetic information or 81 personally identifiable information about a consumer with a life 82 insurer or health insurer unless the company obtains prior 83 written consent from the consumer. 84 Section 3. This act shall take effect July 1, 2020. 85 86 ================= T I T L E A M E N D M E N T ================ 87 And the title is amended as follows: 88 Delete everything before the enacting clause 89 and insert: 90 A bill to be entitled 91 An act relating to the use of genetic information; 92 amending s. 627.4301, F.S.; revising the definition of 93 the term “genetic information”; defining the terms 94 “life insurer” and “long-term care insurer”; 95 specifying criteria that must be met before a life 96 insurer, long-term care insurer, or disability income 97 insurer may use genetic information for underwriting 98 purposes; specifying prohibited acts by such insurers 99 relating to genetic information; amending s. 760.40, 100 F.S.; prohibiting companies providing direct-to 101 consumer commercial genetic testing from sharing 102 certain information about a consumer with a life 103 insurer or health insurer unless the company obtains 104 the consumer’s prior written consent; providing an 105 effective date.