HP0949, LD 1314, item 1, An Act To Extend Protections for Genetic Information

An Act To Extend Protections for Genetic Information

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 24-A MRSA §2159-C, sub-§3, as enacted by PL 1997, c. 677, §2, is amended to read:

3. Discrimination in life, disability and long-term care insurance. An insurer may not make or permit any unfair discrimination discriminate against an individual in the application of on the basis of genetic information or the results of a genetic test in the issuance, withholding, extension or renewal of an insurance policy for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance or an annuity. For the purposes of this subsection, "unfair discrimination" includes, but is not limited to, the application of the results of a genetic test in a manner that is not reasonably related to anticipated claims experience.

A. If the superintendent has reason to believe that unfair discrimination has occurred and that a proceeding by the superintendent is in the interest of the public, the superintendent, in accordance with chapter 3, shall serve upon the insurer a statement of the charges. Upon a determination that the practice or act of the insurer is in conflict with this subsection, the superintendent shall issue an order requiring the insurer to cease and desist from engaging in the practice or act and may order payment of a penalty consistent with the provisions of section 12-A.

B. If, in the issuance, withholding, extension or renewal of an insurance policy covered by this subsection, an insurer uses the results of a genetic test in compliance with this subsection, the insurer shall notify the individual who is the subject of the genetic test that such a test is required and shall obtain the individual's authorization in accordance with the requirements of chapter 24. If a genetic test is required, the insurer shall ensure that the individual states in writing whether the individual wishes to be informed of the test results and, if authorized by the individual, shall provide a copy of the test results, along with a written interpretation of the results by a qualified professional, to the individual or to a physician or other health care practitioner designated by the individual.

summary

Under current law, when considering the issuance, withholding, extension or renewal of an insurance policy for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance or an annuity, an insurer may consider an applicant's genetic information or the results of an applicant's genetic test as long as the consideration of genetic information or test results does not constitute "unfair discrimination." This bill strikes language that authorizes the consideration of genetic information or test results and instead prohibits an insurer from discriminating against an individual on the basis of genetic information or the results of a genetic test in the issuance, withholding, extension or renewal of an insurance policy for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance or an annuity.

HP0949 LD 1314	Session - 129th Maine Legislature		LR 2140 Item 1
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