Florida Senate - 2020                      CS for CS for SB 1564
       
       
        
       By the Committees on Judiciary; and Banking and Insurance; and
       Senator Stargel
       
       
       
       
       590-03504-20                                          20201564c2
    1                        A bill to be entitled                      
    2         An act relating to genetic information for insurance
    3         purposes; amending s. 627.4301, F.S.; providing
    4         definitions; prohibiting life insurers and long-term
    5         care insurers from canceling, limiting, or denying
    6         coverage or establishing differentials in premium
    7         rates based on genetic information under certain
    8         circumstances; prohibiting such insurers from taking
    9         certain actions relating to genetic information for
   10         any insurance purpose; providing construction and
   11         applicability; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 627.4301, Florida Statutes, is amended
   16  to read:
   17         627.4301 Genetic information for insurance purposes.—
   18         (1) DEFINITIONS.—As used in this section, the term:
   19         (a) “Genetic information” means information derived from
   20  genetic testing to determine the presence or absence of
   21  variations or mutations, including carrier status, in an
   22  individual’s genetic material or genes that are scientifically
   23  or medically believed to cause a disease, disorder, or syndrome,
   24  or are associated with a statistically increased risk of
   25  developing a disease, disorder, or syndrome, which is
   26  asymptomatic at the time of testing. Such testing does not
   27  include routine physical examinations or chemical, blood, or
   28  urine analysis, unless conducted purposefully to obtain genetic
   29  information, or questions regarding family history.
   30         (b) “Health insurer” means an authorized insurer offering
   31  health insurance as defined in s. 624.603, a self-insured plan
   32  as defined in s. 624.031, a multiple-employer welfare
   33  arrangement as defined in s. 624.437, a prepaid limited health
   34  service organization as defined in s. 636.003, a health
   35  maintenance organization as defined in s. 641.19, a prepaid
   36  health clinic as defined in s. 641.402, a fraternal benefit
   37  society as defined in s. 632.601, or any health care arrangement
   38  whereby risk is assumed.
   39         (c) “Life insurer” has the same meaning as in s. 624.602
   40  and includes an insurer issuing life insurance contracts that
   41  grant additional benefits in the event of the insured’s
   42  disability.
   43         (d) “Long-term care insurer” means an insurer that issues
   44  long-term care insurance policies as described in s. 627.9404.
   45         (2) USE OF GENETIC INFORMATION.—
   46         (a) In the absence of a diagnosis of a condition related to
   47  genetic information, no health insurers, life insurers, and
   48  long-term care insurers insurer authorized to transact insurance
   49  in this state may not cancel, limit, or deny coverage, or
   50  establish differentials in premium rates, based on such
   51  information.
   52         (b) Health insurers, life insurers, and long-term care
   53  insurers may not require or solicit genetic information, use
   54  genetic test results, or consider a person’s decisions or
   55  actions relating to genetic testing in any manner for any
   56  insurance purpose.
   57         (c) This section does not apply to the underwriting or
   58  issuance of an a life insurance policy, disability income
   59  policy, long-term care policy, accident-only policy, hospital
   60  indemnity or fixed indemnity policy, dental policy, or vision
   61  policy or any other actions of an insurer directly related to an
   62  a life insurance policy, disability income policy, long-term
   63  care policy, accident-only policy, hospital indemnity or fixed
   64  indemnity policy, dental policy, or vision policy.
   65         (d) Nothing in this section shall be construed as
   66  preventing a life insurer from accessing an individual’s medical
   67  record as part of an application exam. Nothing in this section
   68  prohibits a life insurer from considering a medical diagnosis
   69  included in an individual’s medical record, even if a diagnosis
   70  was made based on the results of a genetic test.
   71         Section 2. This act applies to policies entered into or
   72  renewed on or after January 1, 2021.
   73         Section 3. This act shall take effect July 1, 2020.