1.1                          A bill for an act 
  1.2             relating to insurance; regulating the use of genetic 
  1.3             testing and genetic characteristics by insurers; 
  1.4             amending Minnesota Statutes 1994, section 8.31, 
  1.5             subdivision 1; proposing coding for new law in 
  1.6             Minnesota Statutes, chapter 72A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 1994, section 8.31, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [INVESTIGATE OFFENSES AGAINST THE 
  1.11  PROVISIONS OF CERTAIN DESIGNATED SECTIONS; ASSIST IN 
  1.12  ENFORCEMENT.] The attorney general shall investigate violations 
  1.13  of the law of this state respecting unfair, discriminatory, and 
  1.14  other unlawful practices in business, commerce, or trade, and 
  1.15  specifically, but not exclusively, the nonprofit corporation act 
  1.16  (sections 317A.001 to 317A.909), the act against unfair 
  1.17  discrimination and competition (sections 325D.01 to 325D.08), 
  1.18  the unlawful trade practices act (sections 325D.09 to 325D.16), 
  1.19  the antitrust act (sections 325D.49 to 325D.66), section 325F.67 
  1.20  and other laws against false or fraudulent advertising, the 
  1.21  antidiscrimination acts contained in section 325D.67, the act 
  1.22  against monopolization of food products (section 325D.68), the 
  1.23  act regulating telephone advertising services (section 325E.39), 
  1.24  the prevention of consumer fraud act (sections 325F.68 to 
  1.25  325F.70), the genetic discrimination act (section 72A.14), and 
  1.26  chapter 53A regulating currency exchanges and assist in the 
  2.1   enforcement of those laws as in this section provided. 
  2.2      Sec. 2.  [72A.14] [USE OF GENETIC TESTS AND 
  2.3   CHARACTERISTICS.] 
  2.4      Subdivision 1.  [NAME AND CITATION.] This section shall be 
  2.5   known and may be cited as the "genetic discrimination act." 
  2.6      Subd. 2.  [DEFINITIONS.] (a) As used in this section, 
  2.7   "genetic characteristics" means any scientifically or medically 
  2.8   identifiable gene or chromosome, or alteration thereof, which is 
  2.9   known to be a cause of a disease or disorder, or determined to 
  2.10  be associated with a statistically increased risk of development 
  2.11  of a disease or disorder, and which is asymptomatic of any 
  2.12  disease or disorder. 
  2.13     (b) As used in this section, a "genetic test" means a 
  2.14  presymptomatic test of a person's genes, gene products, or 
  2.15  chromosomes for abnormalities, defects, or deficiencies, 
  2.16  including carrier status, that are known to be the cause of a 
  2.17  disease or disorder, or are determined to be associated with a 
  2.18  statistically increased risk of development of a disease or 
  2.19  disorder. 
  2.20     (c) As used in this section, "insurer" has the meaning 
  2.21  given in section 72A.491, subdivision 14. 
  2.22     Subd. 3.  [PROHIBITED ACTS.] (a) An insurer, in determining 
  2.23  eligibility for insurance coverage, establishing insurance 
  2.24  premiums, limiting insurance coverage, or renewing insurance 
  2.25  coverage, shall not: 
  2.26     (1) require an applicant seeking coverage or an insured 
  2.27  renewing coverage to submit to a genetic test; 
  2.28     (2) take into consideration the fact that a genetic test 
  2.29  was undertaken; 
  2.30     (3) take into consideration the results of a genetic test, 
  2.31  except as provided in paragraph (b); 
  2.32     (4) make any inquiry to determine whether an applicant or 
  2.33  insured has undergone a genetic test; 
  2.34     (5) make any inquiry to determine the results of a genetic 
  2.35  test undergone by an applicant or insured; 
  2.36     (6) make any inquiry regarding whether an applicant or 
  3.1   insured's blood relatives have undergone a genetic test, or 
  3.2   regarding the results of such a test; 
  3.3      (7) make a decision adverse to the applicant or insured 
  3.4   based upon genetic test entries in medical records or other 
  3.5   reports; 
  3.6      (8) make any inquiry regarding the genetic characteristics 
  3.7   of an applicant or insured, or of an applicant or insured's 
  3.8   blood relatives; or 
  3.9      (9) take into consideration the genetic characteristics of 
  3.10  an applicant or insured, or of an applicant or insured's blood 
  3.11  relatives. 
  3.12     (b) An insurer may consider the results of a genetic test 
  3.13  if the results are voluntarily submitted by an applicant for 
  3.14  insurance coverage or by an insured seeking renewal of coverage 
  3.15  and the results are favorable to the applicant or insured. 
  3.16     Subd. 4.  [EXEMPTION.] Subdivision 3 does not apply to an 
  3.17  application for life insurance coverage in an amount in excess 
  3.18  of $500,000, or to an application for life insurance coverage in 
  3.19  an amount that, when combined with the applicant's other life 
  3.20  insurance policies, results in a total life insurance coverage 
  3.21  in an amount in excess of $500,000. 
  3.22     Subd. 5.  [ENFORCEMENT; REMEDY.] An insurer who violates 
  3.23  this section is subject to the penalties and remedies in section 
  3.24  8.31, including a private right of action, and is subject to the 
  3.25  investigation and enforcement authority of the commissioner of 
  3.26  commerce.  The remedies specified in this subdivision do not 
  3.27  preempt any other remedy or cause of action provided for 
  3.28  pursuant to statute or to the common law of this state. 
  3.29     Sec. 3.  [EFFECTIVE DATE; APPLICABILITY.] 
  3.30     Sections 1 and 2 are effective January 1, 1996, and apply 
  3.31  to an insurance policy issued or renewed on or after that date 
  3.32  to provide coverage to Minnesota residents.