HF 1013

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to insurance; regulating the use of genetic
information; providing enforcement authority; amending
Minnesota Statutes 2004, section 72A.139.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 72A.139, is
amended to read:

72A.139 USE OF GENETIC TESTS.

Subdivision 1.

Name and citation.

This section shall be
known and may be cited as the "Genetic new text begin Insurance new text end Discrimination
Act."

Subd. 2.

Definitions.

(a) As used in this section,
"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.

(b) As used in this section, a "genetic test" means
a new text begin metabolites new text end presymptomatic test new text begin , examination, or analysis new text end of a
person's new text begin DNA, RNA, mitochondrial DNA, genetically encoded
proteins, new text end genes, gene products, or chromosomes for the purpose
of determining the presence or absence of a gene or genes new text begin ,
genotypes, mutations, or chromosomal changes new text end that exhibit
new text begin inherited or acquired new text end abnormalities, defects, deleted text begin or deleted text end deficiencies,
new text begin or characteristics, new text end 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.

(c) As used in this section, "health plan" has the meaning
given in section 62Q.01, subdivision 3.

(d) As used in this section, "health plan company" has the
meaning given in section 62Q.01, subdivision 4.

(e) As used in this section, "individual" means an
applicant for coverage or a person already covered by the health
plan company or other insurer new text begin , whether under individual or group
coverage new text end .

new text begin (f) As used in this section, "insurer" has the meaning
given in section 72A.201, subdivision 3.
new text end

Subd. 3.

Prohibited acts; health plan companies.

A
health plan company, in determining eligibility for coverage,
establishing premiums, limiting coverage, renewing coverage, or
any other underwriting decision, shall not, in connection with
the offer, sale, new text begin issuance, new text end or renewal of a health plan:

(1) require or request an individual or a blood relative of
the individual to take a genetic test;

(2) make any inquiry to determine whether an individual or
a blood relative of the individual has taken or refused a
genetic test, or what the results of any such test were;

(3) take into consideration the fact that a genetic test
was taken or refused by an individual or blood relative of the
individual; or

(4) take into consideration the results of a genetic test
taken by an individual or a blood relative of the individual.

new text begin Subd. 3a. new text end

new text begin Prohibitions; life, disability income, and
long-term care insurance. new text end

new text begin (a) No insurer shall, in determining
eligibility for coverage, establishing premiums, limiting
coverage, renewing coverage, or making any other underwriting
decision, in connection with the offer, sale, issuance, or
renewal of life, disability income, or long-term care insurance,
whether under individual or group coverage:
new text end

new text begin (1) require or request an individual or a blood relative of
the individual to take a genetic test, except as permitted under
paragraph (b);
new text end

new text begin (2) ask, on an application for the coverage or otherwise,
whether the individual has taken or refused a genetic test,
unless the question is accompanied by a statement indicating
that the individual is not required to answer the question and
also indicating that a failure to answer the question may result
in a denial of the application for coverage, a higher premium
rate, or other adverse underwriting decision;
new text end

new text begin (3) use the results of a genetic test of a blood relative
of the individual unless the results are contained in the
individual's medical record; or
new text end

new text begin (4) use the results of a genetic test of the individual or
of the individual's blood relatives in violation of section
72A.20, subdivision 19.
new text end

new text begin (b) If an insurer has determined that an individual may
have a genetic disease or disorder, or a tendency to develop it,
and that determination would result in an adverse underwriting
decision covered by paragraph (a), the insurer may offer the
individual the opportunity to take a genetic test to determine
whether the individual does have that genetic disease, disorder,
or tendency. This paragraph applies only if paragraph (a) does
not prohibit the insurer from making or using the determination
for underwriting purposes. An offer from an insurer under
paragraph (a) is subject to subdivisions 4, 5, 6, and 7.
new text end

Subd. 4.

Application.

Subdivisions 5, 6, and 7 apply
only to deleted text begin a life insurance company or fraternal benefit society
requiring deleted text end new text begin an insurer offering an individual the opportunity to
take new text end a genetic test deleted text begin for the purpose of determining insurability
under a policy of life insurance deleted text end new text begin under subdivision 3a, paragraph
(b) new text end .

Subd. 5.

Informed consent.

If an individual agrees to
take a genetic test new text begin under subdivision 3a, paragraph (b) new text end ,
the deleted text begin life insurance company or fraternal benefit society deleted text end new text begin insurer
new text end 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 deleted text begin life insurance company or
fraternal benefit society deleted text end new text begin insurer new text end shall notify an individual of
a genetic test result new text begin under subdivision 3a, paragraph (b), new text end 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.

deleted text begin A life insurance company or
fraternal benefit society deleted text end new text begin An insurer new text end shall not deleted text begin require deleted text end new text begin offer new text end an
individual new text begin the opportunity new text end to submit to a genetic test new text begin under
subdivision 3a, paragraph (b), new text end unless the cost of the test is
paid by the deleted text begin life insurance company or fraternal benefit society
deleted text end new text begin insurer new text end .

Subd. 8.

Enforcement.

new text begin (a) new text end A violation of this section is
subject to the investigative and enforcement authority of the
commissioner, who shall enforce this section. new text begin A violation of
this section is an unfair method of competition or an unfair or
deceptive act or practice in the business of insurance within
the meaning of section 72A.19, subdivision 1.
new text end

new text begin (b) A violation of this section creates a private cause of
action under section 8.31, subdivision 3.
new text end

Sec. 2. new text begin EFFECTIVE DATE.
new text end

new text begin Section 1 is effective January 1, 2006, and applies to
policies applied for, issued, or renewed on or after that date.
new text end