Minnesota Legislature
HF 1905
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
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A bill for an act
relating to insurance; regulating the use of genetic information; providing
enforcement authority; amending Minnesota Statutes 2006, section 72A.139.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, 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 "Geneticnew text begin Insurancenew 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 anew text begin metabolitesnew text end presymptomatic
testnew text begin , examination, or analysisnew text end of a person'snew 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 genesnew text begin , genotypes, mutations, or chromosomal changesnew text end
that exhibitnew text begin inherited or acquirednew text end abnormalities, defects, deleted text begin ordeleted 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 insurernew text begin , whether under individual
or group coveragenew 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 this paragraph 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 requiringdeleted text end new text begin an insurer offering an individual the
opportunity to takenew text end a genetic test deleted text begin for the purpose of determining insurability under a policy
of life insurancedeleted 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 testnew text begin under
subdivision 3a, paragraph (b)new text end , the deleted text begin life insurance company or fraternal benefit societydeleted text end new text begin
insurernew 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 societydeleted text end new text begin
insurernew text end shall notify an individual of a genetic test resultnew 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, thenew text begin
insurer must urge thenew text end individual deleted text begin must be urgeddeleted text end , at the time that thenew text begin insurer informs thenew text end
individual deleted text begin is informeddeleted text end 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 societydeleted text end new text begin
An insurernew text end shall not deleted text begin requiredeleted text end new text begin offernew text end an individualnew text begin the opportunitynew text end to submit to a genetic testnew 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 societydeleted text end new text begin insurernew 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, 2008, and applies to policies applied for, issued,
or renewed on or after that date.
new text end