2000 Legislation
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SENATE BILL NO. 1567 – Genetic test/discriminatn/insurance

SENATE BILL NO. 1567

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Daily Data Tracking History



S1567......................................................by STATE AFFAIRS
GENETIC TESTING - Adds to existing law to prohibit discrimination on the
basis of genetic testing for health insurance or employment purposes.
                                                                        
03/13    Senate intro - 1st rdg - to printing
03/14    Rpt prt - to St Aff

Bill Text


 S1567
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1567
                                                                        
                                 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;  AND
  5        AMENDING  TITLE 44, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 26, TITLE
  6        44, IDAHO CODE, TO PROVIDE FOR CONFIDENTIALITY OF GENETIC INFORMATION.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Chapter 13, Title 41, Idaho Code, be,  and  the  same  is
  9    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 10    ignated as Section 41-1334, Idaho Code, and to read as follows:
                                                                        
 11        41-1334.  GENETIC DISCRIMINATION PROHIBITED. No insurer providing individ-
 12    ual or group health insurance, or managed care organization  providing  health
 13    care  services, shall refuse to insure, refuse to continue to insure, or limit
 14    the amount, extent or kind of coverage available to an individual,  or  charge
 15    an  individual  a different rate for coverage on the basis of genetic informa-
 16    tion. Genetic information, indicating a predisposition to a disease or  condi-
 17    tion,  shall  not  be  considered  a preexisting condition in the absence of a
 18    diagnosis of such disease or condition based  on  other  medical  information.
 19    Genetic  information  obtained by any organization covered by this section may
 20    be used solely for diagnostic, therapeutic and/or medical research purposes.
 21        As used in this section:
 22        (1)  "Genetic information" means information about genes, gene products or
 23    inherited characteristics derived from genetic testing to determine the  pres-
 24    ence  or  absence  of variations or mutations, including carrier status, in an
 25    individual's genetic material or genes that are  scientifically  or  medically
 26    believed  to  cause  a  disease, disorder or syndrome or are associated with a
 27    statistically increased risk of developing a  disease,  disorder  or  syndrome
 28    that is asymptomatic at the time of testing.
 29        (2)  "Genetic  testing"  or "genetic test" means a test used to diagnose a
 30    presymptomatic genetic factor or genetic trait, including  analysis  of  human
 31    deoxyribonucleic  acid  (DNA) or ribonucleic acid (RNA), chromosomes, proteins
 32    or metabolites. The term does not include a routine history and physical exam-
 33    ination or a routine chemical, blood or urine analysis.
                                                                        
 34        SECTION 2.  That Title 44, Idaho Code, be, and the same is hereby  amended
 35    by  the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
 36    ter 26, Title 44, Idaho Code, and to read as follows:
                                                                        
 37                                      CHAPTER 26
 38                                   GENETIC TESTING
                                                                        
 39        44-2601.  CONFIDENTIALITY OF GENETIC INFORMATION. (1) It shall be unlawful
 40    for any employer, individually or through his employees, agents, or any person
                                                                        
                                       2
                                                                        
  1    or entity acting on his behalf:
  2        (a)  To request or require genetic information for an employee  or  person
  3        seeking employment; or
  4        (b)  To  discharge,  expel or otherwise discriminate against any person on
  5        the basis of genetic information; or
  6        (c)  Otherwise consider genetic information in employment decision-making.
  7        (2)  No person may sell to, or interpret for,  an  employer,  any  genetic
  8    information  pertaining  to  an  employee without the written authorization of
  9    that employee.
 10        (3)  For the purposes of this section:
 11        (a)  "Genetic information" means information about genes, gene products or
 12        inherited characteristics derived from genetic testing  to  determine  the
 13        presence  or absence of variations or mutations, including carrier status,
 14        in an individual's genetic material or genes that  are  scientifically  or
 15        medically believed to cause a disease, disorder or syndrome or are associ-
 16        ated with a statistically increased risk of developing a disease, disorder
 17        or syndrome that is asymptomatic at the time of testing.
 18        (b)  "Genetic  testing"  or "genetic test" means a test used to diagnose a
 19        presymptomatic genetic factor or  genetic  trait,  including  analysis  of
 20        human  deoxyribonucleic acid (DNA) or ribonucleic acid (RNA), chromosomes,
 21        proteins or metabolites. The term does not include a routine  history  and
 22        physical examination or a routine chemical, blood or urine analysis.

Statement of Purpose / Fiscal Impact


                 STATEMENT OF PURPOSE
                       RS 10282 
     
          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. 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 decreased 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 (b), 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 abuses 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.
     
     CONTACTS: 
     Senator Sheila Sorensen
     332-1319 
     
                              Kathy Ball                                            Professor Daniel Levin
     American Civil Liberties Union of Idaho            Boise State University
     392-6041, kathyball@nidlink.com                         426-4080, dievin@boisestate.edu 
     
                                                  STATEMENT OF PURPOSE/FISCAL NOTE             S 1567