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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
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
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