2000 Legislation
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SENATE BILL NO. 1528 – Genetic test/discriminatn/insurance

SENATE BILL NO. 1528

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Daily Data Tracking History



S1528......................................................by STATE AFFAIRS
GENETIC TESTING - Adds to existing law to prohibit discrimination on the
basis of genetic testing for health insurance, life insurance or employment
purposes.
                                                                        
02/24    Senate intro - 1st rdg - to printing
02/25    Rpt prt - to St Aff

Bill Text


 S1528
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1528
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO GENETIC DISCRIMINATION; AMENDING CHAPTER 13, TITLE 41, IDAHO CODE,
  3        BY THE ADDITION OF A NEW SECTION 41-1334, IDAHO CODE, TO PROHIBIT DISCRIM-
  4        INATION ON THE BASIS OF GENETIC INFORMATION FOR HEALTH INSURANCE; AMENDING
  5        CHAPTER 19, TITLE 41, IDAHO  CODE,  BY  THE  ADDITION  OF  A  NEW  SECTION
  6        41-1940, IDAHO CODE, TO PROHIBIT GENETIC DISCRIMINATION FOR LIFE INSURANCE
  7        PURPOSES;  AMENDING CHAPTER 21, TITLE 41, IDAHO CODE, BY THE ADDITION OF A
  8        NEW SECTION 41-2147, IDAHO CODE, TO PROHIBIT  GENETIC  DISCRIMINATION  FOR
  9        DISABILITY  INSURANCE PURPOSES; AMENDING CHAPTER 23, TITLE 41, IDAHO CODE,
 10        BY THE ADDITION OF A NEW SECTION 41-2317, IDAHO CODE, TO PROHIBIT  GENETIC
 11        DISCRIMINATION;  AND  AMENDING  TITLE 44, IDAHO CODE, BY THE ADDITION OF A
 12        NEW CHAPTER 26, TITLE 44, IDAHO CODE, TO PROVIDE  FOR  CONFIDENTIALITY  OF
 13        GENETIC INFORMATION.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION  1.  That  Chapter  13,  Title 41, Idaho Code, be, and the same is
 16    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 17    ignated as Section 41-1334, Idaho Code, and to read as follows:
                                                                        
 18        41-1334.  GENETIC DISCRIMINATION PROHIBITED. No insurer providing individ-
 19    ual  or  group health insurance, or managed care organization providing health
 20    care services, shall refuse to insure, refuse to continue to insure, or  limit
 21    the  amount,  extent or kind of coverage available to an individual, or charge
 22    an individual a different rate for coverage on the basis of  genetic  informa-
 23    tion.  Genetic information, indicating a predisposition to a disease or condi-
 24    tion, shall not be considered a preexisting condition  in  the  absence  of  a
 25    diagnosis  of  such  disease  or condition based on other medical information.
 26    Genetic information obtained by any organization covered by this  section  may
 27    be used solely for diagnostic, therapeutic and/or medical research purposes.
 28        As used in this section:
 29        (1)  "Genetic information" means information about genes, gene products or
 30    inherited  characteristics derived from genetic testing to determine the pres-
 31    ence or absence of variations or mutations, including carrier  status,  in  an
 32    individual's  genetic  material  or genes that are scientifically or medically
 33    believed to cause a disease, disorder or syndrome or  are  associated  with  a
 34    statistically  increased  risk  of  developing a disease, disorder or syndrome
 35    that is asymptomatic at the time of testing.
 36        (2)  "Genetic testing" or "genetic test" means a test used to  diagnose  a
 37    presymptomatic  genetic  factor  or genetic trait, including analysis of human
 38    deoxyribonucleic acid (DNA) or ribonucleic acid (RNA),  chromosomes,  proteins
 39    or metabolites. The term does not include a routine history and physical exam-
 40    ination or a routine chemical, blood or urine analysis.
                                                                        
 41        SECTION  2.  That  Chapter  19,  Title 41, Idaho Code, be, and the same is
 42    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
                                                                        
                                       2
                                                                        
  1    ignated as Section 41-1940, Idaho Code, and to read as follows:
                                                                        
  2        41-1940.  GENETIC  DISCRIMINATION  PROHIBITED.  No  person shall commit or
  3    permit any unfair discrimination against an individual in the issuance,  with-
  4    holding,  extension  or renewal of a policy of life insurance or an annuity on
  5    the basis of genetic information regarding the applicant.
  6        For the purposes of this section:
  7        (1)  "Genetic information" means information about genes, gene products or
  8    inherited characteristics derived from genetic testing to determine the  pres-
  9    ence  or  absence  of variations or mutations, including carrier status, in an
 10    individual's genetic material or genes that are  scientifically  or  medically
 11    believed  to  cause  a  disease, disorder or syndrome or are associated with a
 12    statistically increased risk of developing a  disease,  disorder  or  syndrome
 13    that is asymptomatic at the time of testing.
 14        (2)  "Genetic  testing"  or "genetic test" means a test used to diagnose a
 15    presymptomatic genetic factor or genetic trait, including  analysis  of  human
 16    deoxyribonucleic  acid  (DNA) or ribonucleic acid (RNA), chromosomes, proteins
 17    or metabolites. The term does not include a routine history and physical exam-
 18    ination or a routine chemical, blood or urine analysis.
 19        (3)  "Unfair discrimination" means the rejection of an application for  an
 20    insurance policy or the determination of rates, terms or conditions of such an
 21    insurance  policy  on  the basis of genetic information unless the applicant's
 22    medical condition and history and actuarial projections establish  the  proba-
 23    bility that additional claims are likely to result from a genetic condition or
 24    genetic trait identified through that information.
                                                                        
 25        SECTION  3.  That  Chapter  21,  Title 41, Idaho Code, be, and the same is
 26    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 27    ignated as Section 41-2147, Idaho Code, and to read as follows:
                                                                        
 28        41-2147.  GENETIC  DISCRIMINATION  PROHIBITED.  No  person shall commit or
 29    permit any unfair discrimination against an individual in the issuance,  with-
 30    holding, extension or renewal of a disability income insurance contract on the
 31    basis of genetic information regarding the applicant.
 32        For the purposes of this section:
 33        (1)  "Genetic information" means information about genes, gene products or
 34    inherited  characteristics derived from genetic testing to determine the pres-
 35    ence or absence of variations or mutations, including carrier  status,  in  an
 36    individual's  genetic  material  or genes that are scientifically or medically
 37    believed to cause a disease, disorder or syndrome or  are  associated  with  a
 38    statistically  increased  risk  of  developing a disease, disorder or syndrome
 39    that is asymptomatic at the time of testing.
 40        (2)  "Genetic testing" or "genetic test" means a test used to  diagnose  a
 41    presymptomatic  genetic  factor  or genetic trait, including analysis of human
 42    deoxyribonucleic acid (DNA) or ribonucleic acid (RNA),  chromosomes,  proteins
 43    or metabolites. The term does not include a routine history and physical exam-
 44    ination or a routine chemical, blood or urine analysis.
 45        (3)  "Unfair  discrimination" means the rejection of an application for an
 46    insurance policy or the determination of rates, terms or conditions of such an
 47    insurance policy on the basis of genetic information  unless  the  applicant's
 48    medical  condition  and history and actuarial projections establish the proba-
 49    bility that additional claims are likely to result from a genetic condition or
 50    genetic trait identified through that information.
                                                                        
 51        SECTION 4.  That Chapter 23, Title 41, Idaho Code, be,  and  the  same  is
                                                                        
                                       3
                                                                        
  1    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  2    ignated as Section 41-2317, Idaho Code, and to read as follows:
                                                                        
  3        41-2317.  GENETIC DISCRIMINATION PROHIBITED. No  person  shall  commit  or
  4    permit  any unfair discrimination against an individual in the issuance, with-
  5    holding, extension or renewal of a credit life insurance policy on  the  basis
  6    of genetic information regarding the applicant.
  7        For the purposes of this section:
  8        (1)  "Genetic information" means information about genes, gene products or
  9    inherited  characteristics derived from genetic testing to determine the pres-
 10    ence or absence of variations or mutations, including carrier  status,  in  an
 11    individual's  genetic  material  or genes that are scientifically or medically
 12    believed to cause a disease, disorder or syndrome or  are  associated  with  a
 13    statistically  increased  risk  of  developing a disease, disorder or syndrome
 14    that is asymptomatic at the time of testing.
 15        (2)  "Genetic testing" or "genetic test" means a test used to  diagnose  a
 16    presymptomatic  genetic  factor  or genetic trait, including analysis of human
 17    deoxyribonucleic acid (DNA) or ribonucleic acid (RNA),  chromosomes,  proteins
 18    or metabolites. The term does not include a routine history and physical exam-
 19    ination or a routine chemical, blood or urine analysis.
 20        (3)  "Unfair  discrimination" means the rejection of an application for an
 21    insurance policy or the determination of rates, terms or conditions of such an
 22    insurance policy on the basis of genetic information  unless  the  applicant's
 23    medical  condition  and history and actuarial projections establish the proba-
 24    bility that additional claims are likely to result from a genetic condition or
 25    genetic trait identified through that information.
                                                                        
 26        SECTION 5.  That Title 44, Idaho Code, be, and the same is hereby  amended
 27    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 28    ter 26, Title 44, Idaho Code, and to read as follows:
                                                                        
 29                                      CHAPTER 26
 30                                   GENETIC TESTING
                                                                        
 31        44-2601.  CONFIDENTIALITY OF GENETIC INFORMATION. (1) It shall be unlawful
 32    for any employer, individually or through his employees, agents, or any person
 33    or entity acting on his behalf:
 34        (a)  To request or require genetic information for an employee  or  person
 35        seeking employment; or
 36        (b)  To  discharge,  expel or otherwise discriminate against any person on
 37        the basis of genetic information; or
 38        (c)  Otherwise consider genetic information in employment decision-making.
 39        (2)  No person may sell to, or interpret for,  an  employer,  any  genetic
 40    information  pertaining  to  an  employee without the written authorization of
 41    that employee.
 42        (3)  For the purposes of this section:
 43        (a)  "Genetic information" means information about genes, gene products or
 44        inherited characteristics derived from genetic testing  to  determine  the
 45        presence  or absence of variations or mutations, including carrier status,
 46        in an individual's genetic material or genes that  are  scientifically  or
 47        medically believed to cause a disease, disorder or syndrome or are associ-
 48        ated with a statistically increased risk of developing a disease, disorder
 49        or syndrome that is asymptomatic at the time of testing.
 50        (b)  "Genetic  testing"  or "genetic test" means a test used to diagnose a
 51        presymptomatic genetic factor or  genetic  trait,  including  analysis  of
                                                                        
                                       4
                                                                        
  1        human  deoxyribonucleic acid (DNA) or ribonucleic acid (RNA), chromosomes,
  2        proteins or metabolites. The term does not include a routine  history  and
  3        physical examination or a routine chemical, blood or urine analysis.

Statement of Purpose / Fiscal Impact


     
     
                STATEMENT OF PURPOSE 
                       RS 10030
                           
          Rapid progress in mapping the human genome has resulted in a growing
     number of genetic tests which allow physicians to identify individuals who are at
     increased risk of developing medical conditions with a genetic component These
     tests allow for greater monitoring for early manifestations of such conditions, thus
     allowing earlier intervention and treatment Eventually genetic research should
     reduce health care costs, as the prevention and/or treatment of genetic conditions
     catches up with genetic testing. However, genetic tests also provide the capacity
     for abuse by insurers and employers who may view such individuals as avoidable
     risks. 
          This bill would prohibit health insurers and employers from discriminating
     against individuals who may have a genetic predisposition to a medical condition,
     but who have not yet developed any of the symptoms of that condition. It would
     require any discrimination in rates or coverage offered by life insurers to be based
     on scientific assessment of increased risks posed by a genetic condition rather
     than allowing blanket refusal of coverage. The bill also protects individuals'
     privacy interests in their genetic information by prohibiting insurers or employers
     from requiring them to submit to genetic tests or to disclose the results of a
     genetic test. 
          By prohibiting discrimination on the basis of genetic information, the bill
     creates a "level playing field" for health insurers and employers by discouraging
     selective insurance and employment.  This spreads the cost of insuring affected
     individuals across all carriers and employers, rather than rewarding those who
     discriminate and penalizing those who insure or employ such individuals.  Many
     individuals avoid genetic testing because they do not wish to jeopardize their
     health insurance or employment. This bill addresses this fear and encourages
     individuals to seek genetic testing when appropriate. This will lead to better
     medical care at reduced cost, because early intervention is generally more cost
     effective and may result in better patient outcomes than later remedial care. 
          Current Idaho law prohibits health insurers and managed care providers
     from considering genetic information as a preexisting condition in policies offered
     to employers in Title 41, Sections 2221(bl 3940(b) and 4708(3)(b). This bill
     extends this important public policy to individual policy holders.  It further
     clarifies that health insurers and managed care providers may not evade the
     prohibition by denying insurance on the basis of such genetic information or
     charging discriminatory rates.  Prohibition of required genetic testing or required
     disclosure of genetic test results will discourage abuse by employers and insurers.
     This bill removes a major incentive for employers to discriminate by prohibiting
     such discrimination in health insurance. 
     
     
     
                     FISCAL NOTE 
     
     This legislation would have no fiscal impact on state funds. 
     
     
     
                         Contact:            Senator Sheila Sorensen
               332-1319 
     
               Kathy Ball 
               American Civil Liberties Union of Idaho
               392-6041, kathybalf@nidlink.com 
     
               Professor Daniel Levin
               Boise State University 
               426-4080, dlevin@boisestate.edu 
     
                                                       STATEMENT OF PURPOSE/FISCAL NOTE                  S 1528