Full Text of SB0068 103rd General Assembly
SB0068 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 SB0068 Introduced 1/20/2023, by Sen. Laura Fine SYNOPSIS AS INTRODUCED: |
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Amends the Genetic Information Privacy Act. Removes language exempting insurers that are issuing a long-term care policy from specified provisions. Provides that, with regard to any policy, contract, or plan offered, entered into, issued, amended, or renewed on or after January 1, 2024 by a health insurer, life insurer, or long-term care insurer authorized to transact insurance in this State, a health insurer, life insurer, or long-term care insurer may not:
(1) cancel, limit, or deny coverage or establish differentials in premium rates based on a person's genetic information; or (2) require or solicit an individual's genetic information, use an individual's genetic test results, or consider an individual's decisions or actions relating to genetic information or a genetic test in any manner for any insurance purpose. Provides that the provisions may not be construed as preventing a life insurer or long-term care insurer from accessing an individual's medical record as part of an application exam. Provides that nothing in the provisions prohibits a life insurer or long-term care insurer from considering a medical diagnosis included in an individual's medical record, even if the diagnosis is based on the results of a genetic test. Effective July 1, 2023.
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| | A BILL FOR |
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| 1 | | AN ACT concerning health.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Genetic Information Privacy Act is amended | 5 | | by changing Section 20 as follows:
| 6 | | (410 ILCS 513/20)
| 7 | | Sec. 20. Use of genetic testing information for insurance | 8 | | purposes.
| 9 | | (a) An insurer may not seek information derived from | 10 | | genetic testing for use
in connection with a policy of | 11 | | accident and health insurance. Except as
provided in | 12 | | subsection (c), an insurer that receives information derived | 13 | | from
genetic testing, regardless of the source of that | 14 | | information, may not use
the information for a nontherapeutic | 15 | | purpose as it
relates to a policy of accident and health | 16 | | insurance.
| 17 | | (b) An insurer shall not use or disclose protected health | 18 | | information that is genetic information for underwriting | 19 | | purposes. For purposes of this Section, "underwriting | 20 | | purposes" means, with respect to an insurer: | 21 | | (1) rules for, or determination of, eligibility | 22 | | (including enrollment and continued eligibility) for, or | 23 | | determination of, benefits under the plan, coverage, or |
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| 1 | | policy (including changes in deductibles or other | 2 | | cost-sharing mechanisms in return for activities such as | 3 | | completing a health risk assessment or participating in a | 4 | | wellness program); | 5 | | (2) the computation of premium or contribution amounts | 6 | | under the plan, coverage, or policy (including discounts, | 7 | | rebates, payments in kind, or other premium differential | 8 | | mechanisms in return for activities, such as completing a | 9 | | health risk assessment or participating in a wellness | 10 | | program); | 11 | | (3) the application of any pre-existing condition | 12 | | exclusion under the plan, coverage, or policy; and | 13 | | (4) other activities related to the creation, renewal, | 14 | | or replacement of a contract of health insurance or health | 15 | | benefits. | 16 | | "Underwriting purposes" does not include determinations of | 17 | | medical appropriateness where an individual seeks a benefit | 18 | | under the plan, coverage, or policy. | 19 | | This subsection (b) does not apply to insurers that are | 20 | | issuing a long-term care policy, excluding a nursing home | 21 | | fixed indemnity plan. | 22 | | (c) An insurer may consider the results of genetic testing | 23 | | in connection
with a policy of accident and health insurance | 24 | | if the individual voluntarily
submits the results and the | 25 | | results are favorable to the individual.
| 26 | | (d) An insurer that possesses information derived from |
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| 1 | | genetic testing may
not release the information to a third | 2 | | party, except as specified in this Act.
| 3 | | (e) A company providing direct-to-consumer commercial | 4 | | genetic testing is prohibited from sharing any genetic test | 5 | | information or other personally identifiable information about | 6 | | a consumer with any health or life insurance company without | 7 | | written consent from the consumer. | 8 | | (f) A health insurer, life insurer, or long-term care | 9 | | insurer authorized to transact insurance in this State may | 10 | | not: | 11 | | (1) cancel, limit, or deny coverage or establish | 12 | | differentials in premium rates based on a person's genetic | 13 | | information; or | 14 | | (2) require or solicit an individual's genetic | 15 | | information, use an individual's genetic test results, or | 16 | | consider an individual's decisions or actions relating to | 17 | | genetic information or a genetic test in any manner for | 18 | | any insurance purpose. | 19 | | This subsection applies to any policy, contract, or plan | 20 | | that is offered, entered into, issued, amended, or renewed on | 21 | | or after January 1, 2024 by a health insurer, life insurer, or | 22 | | long-term care insurer authorized to transact insurance in | 23 | | this State. | 24 | | (g) Nothing in this Section may be construed as preventing | 25 | | a life insurer or long-term care insurer from accessing an | 26 | | individual's medical record as part of an application exam. |
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| 1 | | Nothing in this Section prohibits a life insurer or long-term | 2 | | care insurer from considering a medical diagnosis included in | 3 | | an individual's medical record, even if the diagnosis is based | 4 | | on the results of a genetic test. | 5 | | (Source: P.A. 101-132, eff. 1-1-20 .)
| 6 | | Section 99. Effective date. This Act takes effect July 1, | 7 | | 2023.
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