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,
nohealth insurers, life insurers, and 48 long-term care insurers insurerauthorized 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 income59 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-term63 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.