SF 3989
Introduction - 94th Legislature (2025 - 2026)
Posted on 02/27/2026 10:46 a.m.
1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8
2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25
2.26 2.27
2.28 2.29
A bill for an act
relating to insurance; prohibiting long-term care, life, and disability insurers from
using genetic information for certain purposes; amending Minnesota Statutes 2024,
section 72A.139, subdivision 2; proposing coding for new law in Minnesota
Statutes, chapter 72A; repealing Minnesota Statutes 2024, section 72A.139,
subdivisions 4, 5, 6, 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2024, section 72A.139, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) deleted text begin As used in this section,deleted text end new text begin For purposes of this section and section
72A.1391, the following terms have the meanings given.
new text end
new text begin (b)new text end "Commissioner" means the commissioner of commerce for health plan companies
and other insurers regulated by that commissioner and the commissioner of health for health
plan companies regulated by that commissioner.
new text begin
(c) "Genetic information" means information derived from a genetic test.
new text end
deleted text begin (b) As used in this section, adeleted text end new text begin (d)new text end "Genetic test" means a presymptomatic test of a person's
genes, gene products, or chromosomes for the purpose of determining the presence or
absence of a gene or genes that exhibit abnormalities, defects, or deficiencies, including
carrier status, that are known to be the cause of a disease or disorder, or are determined to
be associated with a statistically increased risk of development of a disease or disorder.
"Genetic test" does not include a cholesterol test or other test not conducted for the purpose
of determining the presence or absence of a person's gene or genes.
deleted text begin (c) As used in this section,deleted text end new text begin (e)new text end "Health plan" has the meaning given in section 62Q.01,
subdivision 3.
deleted text begin (d) As used in this section,deleted text end new text begin (f)new text end "Health plan company" has the meaning given in section
62Q.01, subdivision 4.
deleted text begin (e) As used in this section,deleted text end new text begin (g)new text end "Individual" means an applicant for coverage or a person
already covered by the health plan company or other insurer.
new text begin
(h) "Insurer" means an insurer offering a policy of long-term care insurance, as defined
under section 62A.46, subdivision 2, or 62S.01, subdivision 18, or life insurance or disability
insurance under section 60A.06, subdivision 1, clause (4). Life insurance includes policies
offered by a fraternal benefit society.
new text end
Sec. 2.
new text begin
[72A.1391] USE OF GENETIC INFORMATION.
new text end
new text begin
(a) An insurer is prohibited from:
new text end
new text begin
(1) denying, canceling, limiting, or establishing differentials in premium rates for an
individual or an individual's family member based solely in whole or in part on the
individual's or family member's genetic information; or
new text end
new text begin
(2) requesting, requiring, encouraging, or coercing an individual to undergo genetic
testing, including complete genomic sequencing, as a precondition of coverage, renewal,
or pricing.
new text end
new text begin
(b) This section does not prohibit an insurer from:
new text end
new text begin
(1) accessing, using, requesting, or obtaining existing health information for underwriting
purposes, including genetic information already contained within an individual's medical
record, if the insurer receives the individual's prior written consent. The consent described
in this clause must be presented separately from any other authorization to release medical
records. An insurer is prohibited from denying, canceling, or refusing to issue or renew a
policy because an individual does not provide consent; or
new text end
new text begin
(2) considering a medical diagnosis included in an individual's medical record, even if
a diagnosis was made based on the results of a genetic test.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026, and applies to policies
offered, issued, or renewed on or after that date.
new text end
Sec. 3. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, section 72A.139, subdivisions 4, 5, 6, and 7,
new text end
new text begin
are repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: 26-06681
72A.139 USE OF GENETIC TESTS.
Subd. 4.
Application.
Subdivisions 5, 6, and 7 apply only to a life insurance company or fraternal benefit society requiring a genetic test for the purpose of determining insurability under a policy of life insurance.
Subd. 5.
Informed consent.
If an individual agrees to take a genetic test, the life insurance company or fraternal benefit society shall obtain the individual's written informed consent for the test. Written informed consent must include, at a minimum, a description of the specific test to be performed; its purpose, potential uses, and limitations; the meaning of its results; and the right to confidential treatment of the results. The written informed consent must inform the individual that the individual should consider consulting with a genetic counselor prior to taking the test and must state whether the insurer will pay for any such consultation. An informed consent disclosure form must be approved by the commissioner prior to its use.
Subd. 6.
Notification.
The life insurance company or fraternal benefit society shall notify an individual of a genetic test result by notifying the individual or the individual's designated physician. If the individual tested has not given written consent authorizing a physician to receive the test results, the individual must be urged, at the time that the individual is informed of the genetic test result described in this subdivision, to contact a genetic counselor or other health care professional.
Subd. 7.
Payment for test.
A life insurance company or fraternal benefit society shall not require an individual to submit to a genetic test unless the cost of the test is paid by the life insurance company or fraternal benefit society.