Introduced By: Reps. Henseler, Naughton, Cambio, Ginaitt and Carter
Date Introduced : January 28, 1998
It is enacted by the General Assembly as follows:
SECTION 1. Chapter 27-18 of the General Laws entitled "Accident and Sickness Insurance Policies" is hereby amended by adding thereto the following section:
{ADD 27-18-52. Genetic testing. -- ADD} {ADD (a) No individual or group health insurance contract, plan, or policy delivered, issued for delivery or renewed in this state on or after January 1, 1999, which provides medical coverage that includes coverage for physician services in a physician's office and every policy which provides major medical or similar comprehensive-type coverage excluding disability income long term care insurance supplemental policies which only provide coverage for specified diseases or other supplemental policies shall: ADD}
{ADD (1) Use a genetic test or the results of a genetic test to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a health insurance policy or contract; ADD}
{ADD (2) Request or require a genetic test for the purpose of determining whether or not to issue or renew health benefits coverage; ADD}
{ADD (3) Release the results of a genetic test without the prior written authorization of the individual from whom the test was obtained; except in a format whereby individual identifiers are removed, encrypted, or encoded so that the identity of the individual is not disclosed; or.ADD}
{ADD (4) Request or require information as to whether an individual has ever had a genetic test, or participated in genetic testing of any kind, whether for clinical or research purposes. ADD}
{ADD (b) For the purposes of this section, "genetic testing" means a test of an individual's DNA, RNA, chromosomes or proteins for inherited abnormalities or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments, or that indicate the predisposition or susceptibility to illness, disease, impairment, or other disorders, whether physical or mental. Provided, further, that "genetic testing" shall not mean routine physical measurement, a routine chemical, blood, or urine analysis, or a test for drugs or for HIV infection. ADD}
SECTION 2. Chapter 27-19 of the General Laws entitled "Nonprofit Hospital Service Corporations" is hereby amended by adding thereto the following section:
{ADD 27-19-44. Genetic testing. -- ADD} {ADD (a) No nonprofit health service corporation subject to the provisions of this chapter shall: ADD}
{ADD (1) Use a genetic test or the results of a genetic test to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a health insurance policy or contract; ADD}
{ADD (2) Request or require a genetic test for the purpose of determining whether or not to issue or renew health benefits coverage; ADD}
{ADD (3) Release the results of a genetic test without the prior written authorization of the individual from whom the test was obtained; except in a format whereby individual identifiers are removed, encrypted, or encoded so that the identity of the individual is not disclosed; or.ADD}
{ADD (4) Request or require information as to whether an individual has ever had a genetic test, or participated in genetic testing of any kind, whether for clinical or research purposes. ADD}
{ADD (b) For the purposes of this section, "genetic testing" means a test of an individual's DNA, RNA, chromosomes or proteins for inherited abnormalities or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments, or that indicate the predisposition of or a susceptibility to illness, disease, impairment, or other disorders, whether physical or mental. Provided, further, that "genetic testing" shall not mean routine physical measurement, a routine chemical, blood, or urine analysis, or a test for drugs or for HIV infection. ADD}
SECTION 3. Chapter 27-20 of the General Laws entitled "Nonprofit Medical Service Corporations" is hereby amended by adding thereto the following section:
{ADD 27-20-39. Genetic testing. -- ADD} {ADD (a) No nonprofit health insurer subject to the provisions of this chapter shall: ADD}
{ADD (1) Use a genetic test or the results of a genetic test to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a health insurance policy or contract; ADD}
{ADD (2) Request or require a genetic test for the purpose of determining whether or not to issue or renew health benefits coverage; ADD}
{ADD (3) Release the results of a genetic test without the prior written authorization of the individual from whom the test was obtained; except in a format whereby individual identifiers are removed, encrypted, or encoded so that the identity of the individual is not disclosed; or.ADD}
{ADD (4) Request or require information as to whether an individual has ever had a genetic test, or participated in genetic testing of any kind, whether for clinical or research purposes. ADD}
{ADD (b) For the purposes of this section, "genetic testing" means a test of an individual's DNA, RNA, chromosomes or protein for inherited abnormalities or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments, or that indicate the predisposition of or a susceptibility to illness, disease, impairment, or other disorders, whether physical or mental. Provided, further, that "genetic testing" shall not mean routine physical measurement, a routine chemical, blood, or urine analysis, or a test for drugs or for HIV infection. ADD}
SECTION 4. Chapter 27-41 of the General Laws entitled "Health Maintenance Organizations" is hereby amended by adding thereto the following section:
{ADD 27-41-53. Genetic testing. -- ADD} {ADD (a) No health maintenance organization subject to the provisions of this chapter shall: ADD}
{ADD (1) Use a genetic test or the results of a genetic test to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a health insurance policy or contract; ADD}
{ADD (2) Request or require a genetic test for the purpose of determining whether or not to issue or renew health benefits coverage; ADD}
{ADD (3) Release the results of a genetic test without the prior written authorization of the individual from whom the test was obtained; except in a format whereby individual identifiers are removed, encrypted, or encoded so that the identity of the individual is not disclosed; or. ADD}
{ADD (4) Request or require information as to whether an individual has ever had a genetic test, or participated in genetic testing of any kind, whether for clinical or research purposes. ADD}
{ADD (b) For the purposes of this section, "genetic testing" means a test of an individual's DNA, RNA, chromosomes or protein for inherited abnormalities or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments, or that indicate the predisposition of or a susceptibility to illness, disease, impairment, or other disorders, whether physical or mental. Provided, further, that "genetic testing" shall not mean routine physical measurement, a routine chemical, blood, or urine analysis, or a test for drugs or for HIV infection. ADD}
SECTION 5. This act shall take effect upon passage.
