House Amendment 1
H 4218 - Session 125 (2023-2024)
Genetic protection

The Committee on Labor, Commerce and Industry proposes the following amendment (LC-4218.PH0002H):

Amend the bill, as and if amended, SECTION 1, by striking Section 38-63-110(B), (C), and (D) and inserting:

 (B) A life insurer shall not require an individual to whom the insurer provides life insurance coverage, or an individual who applies for life insurance coverage, to take a genetic test as a precondition of insurability and shall not require the complete genome sequencing of an individual's DNA.
 (C) A life insurer shall not request, obtain, or use an individual's genetic information for underwriting purposes without first obtaining the individual's signed, written consent.
 (D) Provided that an individual's signed, written consent is obtained, no life insurer authorized to transact insurance in this State may cancel, limit, or deny coverage based solely on an individual's genetic information.
 (E) This section does not apply to the underwriting or issuance of an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy or any other actions of an insurer directly related to an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy.
 (F) Nothing in this section may be construed as preventing a life insurer from accessing an individual's medical record as part of an application exam. Nothing in this section prohibits a life insurer from considering a medical diagnosis included in an individual's medical record, even if a diagnosis was made based on the results of genetic testing.

Amend the bill further, SECTION 2, by striking Section 38-65-130(B), (C), and (D) and inserting:

 (B) A life insurer shall not require an individual to whom the insurer provides life insurance coverage, or an individual who applies for life insurance coverage, to take a genetic test as a precondition of insurability and shall not require the complete genome sequencing of an individual's DNA.
 (C) A life insurer shall not request, obtain, or use an individual's genetic information for underwriting purposes without first obtaining the individual's signed, written consent.
 (D) Provided that an individual's signed, written consent is obtained, no life insurer authorized to transact insurance in this State may cancel, limit, or deny coverage based solely on an individual's genetic information.
 (E) This section does not apply to the underwriting or issuance of an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy or any other actions of an insurer directly related to an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy.
 (F) Nothing in this section may be construed as preventing a life insurer from accessing an individual's medical record as part of an application exam. Nothing in this section prohibits a life insurer from considering a medical diagnosis included in an individual's medical record, even if a diagnosis was made based on the results of genetic testing.

Amend the bill further, SECTION 3, by striking Section 38-71-300(B) and (C) and inserting:

 (B) A health insurer shall not require an individual to whom the insurer provides health insurance coverage, or an individual who applies for health insurance coverage, to take a genetic test as a precondition of insurability and shall not require the complete genome sequencing of an individual's DNA.
 (C) A health insurer shall not request, obtain, or use an individual's genetic information for underwriting purposes without first obtaining the individual's signed, written consent.
 (D) Provided that an individual's signed, written consent is obtained, no accident and health insurer authorized to transact insurance in this State may cancel, limit, or deny coverage based solely on an individual's genetic information.
 (E) This section does not apply to the underwriting or issuance of an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy or any other actions of an insurer directly related to an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy.

Amend the bill further, SECTION 4, by striking Section 38-72-110(B), (C), and (D) and inserting:

 (B) A long-term care insurer shall not require an individual to whom the insurer provides long-term care insurance coverage, or an individual who applies for long-term care insurance coverage, to take a genetic test as a precondition of insurability and shall not require the complete genome sequencing of an individual's DNA.
 (C) A long-term care insurer shall not request, obtain, or use an individual's genetic information for underwriting purposes without first obtaining the individual's signed, written consent.
 (D) Provided that an individual's signed, written consent is obtained, no long-term care insurer authorized to transact insurance in this State may cancel, limit, or deny coverage based solely on an individual's genetic information.
 (E) This section does not apply to the underwriting or issuance of an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy or any other actions of an insurer directly related to an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy.
 (F) Nothing in this section may be construed as preventing a long-term care insurer from accessing an individual's medical record as part of an application exam. Nothing in this section prohibits a life insurer from considering a medical diagnosis included in an individual's medical record, even if a diagnosis was made based on the results of genetic testing.