Florida Senate - 2020                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1564
                              LEGISLATIVE ACTION                        
                    Senate             .             House              

       The Committee on Judiciary (Stargel) recommended the following:
    1         Senate Amendment (with title amendment)
    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.
   20         (b) “Health insurer” means an authorized insurer offering
   21  health insurance as defined in s. 624.603, a self-insured plan
   22  as defined in s. 624.031, a multiple-employer welfare
   23  arrangement as defined in s. 624.437, a prepaid limited health
   24  service organization as defined in s. 636.003, a health
   25  maintenance organization as defined in s. 641.19, a prepaid
   26  health clinic as defined in s. 641.402, a fraternal benefit
   27  society as defined in s. 632.601, or any health care arrangement
   28  whereby risk is assumed.
   29         (c)“Life insurer” has the same meaning as in s. 624.602
   30  and includes an insurer issuing life insurance contracts that
   31  grant additional benefits in the event of the insured’s
   32  disability.
   33         (d)“Long-term care insurer” means an insurer that issues
   34  long-term care insurance policies as described in s. 627.9404.
   35         (2) USE OF GENETIC INFORMATION.—
   36         (a) In the absence of a diagnosis of a condition related to
   37  genetic information, no health insurers, life insurers, and
   38  long-term care insurers insurer authorized to transact insurance
   39  in this state may not cancel, limit, or deny coverage, or
   40  establish differentials in premium rates, based on such
   41  information.
   42         (b) Health insurers, life insurers, and long-term care
   43  insurers may not require or solicit genetic information, use
   44  genetic test results, or consider a person’s decisions or
   45  actions relating to genetic testing in any manner for any
   46  insurance purpose.
   47         (c) This section does not apply to the underwriting or
   48  issuance of an a life insurance policy, disability income
   49  policy, long-term care policy, accident-only policy, hospital
   50  indemnity or fixed indemnity policy, dental policy, or vision
   51  policy or any other actions of an insurer directly related to an
   52  a life insurance policy, disability income policy, long-term
   53  care policy, accident-only policy, hospital indemnity or fixed
   54  indemnity policy, dental policy, or vision policy.
   55         (d)Nothing in this section shall be construed as
   56  preventing a life insurer from accessing an individual’s medical
   57  record as part of an application exam. Nothing in this section
   58  prohibits a life insurer from considering a medical diagnosis
   59  included in an individual’s medical record, even if a diagnosis
   60  was made based on the results of a genetic test.
   61         Section 2. This act applies to policies entered into or
   62  renewed on or after January 1, 2021.
   63         Section 3. This act shall take effect July 1, 2020.
   65  ================= T I T L E  A M E N D M E N T ================
   66  And the title is amended as follows:
   67         Delete everything before the enacting clause
   68  and insert:
   69                        A bill to be entitled                      
   70         An act relating to genetic information for insurance
   71         purposes; amending s. 627.4301, F.S.; providing
   72         definitions; prohibiting life insurers and long-term
   73         care insurers from canceling, limiting, or denying
   74         coverage or establishing differentials in premium
   75         rates based on genetic information under certain
   76         circumstances; prohibiting such insurers from taking
   77         certain actions relating to genetic information for
   78         any insurance purpose; providing construction and
   79         applicability; providing an effective date.