Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. SB 1564
       
       
       
       
       
       
                                Ì208866QÎ208866                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/28/2020           .                                
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       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 income
   68  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.