Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 251-S.F.No. 259 
                  An act relating to insurance; regulating the use of 
                  genetic testing by insurers; proposing coding for new 
                  law in Minnesota Statutes, chapter 72A. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  [72A.139] [USE OF GENETIC TESTS.] 
           Subdivision 1.  [NAME AND CITATION.] This section shall be 
        known and may be cited as the "genetic 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 
        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. 
           (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. 
           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, 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. 
           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. 
           Subd. 8.  [ENFORCEMENT.] A violation of this section is 
        subject to the investigative and enforcement authority of the 
        commissioner, who shall enforce this section. 
           Sec. 2.  [EFFECTIVE DATE; APPLICABILITY.] 
           Section 1 is effective January 1, 1996, and applies to 
        applications for coverage made on or after that date and to 
        policies, contracts, and certificates issued or renewed on or 
        after that date to provide coverage to Minnesota residents. 
           Presented to the governor May 30, 1995 
           Signed by the governor June 1, 1995, 11:32 a.m.