Bill Text: IA SSB3138 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the use of genetic information provided to an insurer that offers health insurance, disability insurance, life insurance, or long-term care insurance.(See SF 2360.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-14 - Committee report approving bill, renumbered as SF 2360. [SSB3138 Detail]
Download: Iowa-2023-SSB3138-Introduced.html
Senate
Study
Bill
3138
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
COMMERCE
BILL
BY
CHAIRPERSON
BROWN)
A
BILL
FOR
An
Act
relating
to
the
use
of
genetic
information
provided
1
to
an
insurer
that
offers
health
insurance,
disability
2
insurance,
life
insurance,
or
long-term
care
insurance.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
729.6,
subsection
1,
paragraph
g,
Code
1
2024,
is
amended
to
read
as
follows:
2
g.
“Health
insurer”
“Insurer”
means
a
carrier,
as
defined
3
in
section
513B.2
,
and
includes
an
entity
offering
a
plan
4
of
disability
insurance,
life
insurance,
or
long-term
care
5
insurance
.
6
Sec.
2.
Section
729.6,
subsection
1,
Code
2024,
is
amended
7
by
adding
the
following
new
paragraphs:
8
NEW
PARAGRAPH
.
0a.
“Disability
insurance”
means
a
contract,
9
policy,
or
plan
for
benefits
consisting
of
a
payment
of
a
sum
10
of
money
to
an
individual
in
the
event
that
an
illness
or
11
injury
results
in
a
disability
that
prevents
the
individual
12
from
working.
13
NEW
PARAGRAPH
.
0j.
“Life
insurance”
means
a
contract,
14
policy,
or
plan
for
benefits
consisting
of
a
promise
by
an
15
insurer,
to
an
individual,
for
payment
of
a
sum
of
money
to
16
a
designated
beneficiary
in
the
event
of
the
death
of
the
17
individual.
18
NEW
PARAGRAPH
.
00j.
“Long-term
care
insurance”
means
a
19
contract,
policy,
or
plan
for
benefits
consisting
of
a
payment
20
or
payments
to
an
individual
for
qualified
long-term
care
21
services,
as
defined
in
section
7702B(c)
of
the
Internal
22
Revenue
Code.
23
Sec.
3.
Section
729.6,
subsection
4,
paragraph
a,
24
subparagraph
(1),
Code
2024,
is
amended
to
read
as
follows:
25
(1)
With
respect
to
health
insurance,
life
insurance,
26
disability
insurance,
and
long-term
care
insurance,
a
27
third-party
administrator
or
health
insurer
shall
not
release
28
genetic
information
pertaining
to
an
individual
without
prior
29
written
authorization
of
the
individual.
Written
authorization
30
shall
be
required
for
each
disclosure
and
shall
include
the
31
person
to
whom
the
disclosure
is
being
made.
32
Sec.
4.
Section
729.6,
subsection
4,
paragraph
b,
Code
2024,
33
is
amended
to
read
as
follows:
34
b.
(1)
With
respect
to
health
insurance,
a
health
life
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_____
insurance,
disability
insurance,
and
long-term
care
insurance,
1
an
insurer
shall
not
discriminate
against
an
individual
or
2
a
member
of
the
individual’s
family
on
the
basis
of
genetic
3
information
or
genetic
testing.
4
(2)
This
section
shall
not
require
a
health
an
insurer
to
5
provide
particular
benefits
other
than
those
provided
under
the
6
terms
of
the
health
insurer’s
plan
or
coverage.
With
respect
7
to
health
insurance,
a
health
life
insurance,
disability
8
insurance,
and
long-term
care
insurance,
an
insurer
shall
not
9
consider
a
genetic
propensity,
susceptibility,
or
carrier
10
status
as
a
preexisting
condition
for
the
purpose
of
limiting
11
or
excluding
benefits,
establishing
rates,
or
providing
12
coverage.
13
(3)
With
respect
to
health
insurance,
a
health
life
14
insurance,
disability
insurance,
and
long-term
care
insurance,
15
an
insurer
shall
not
use
genetic
information
or
genetic
testing
16
for
underwriting
health
insurance
,
life
insurance,
disability
17
insurance,
or
long-term
care
insurance
in
the
individual
and
18
group
markets.
19
EXPLANATION
20
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
21
the
explanation’s
substance
by
the
members
of
the
general
assembly.
22
This
bill
relates
to
genetic
information
provided
to
an
23
insurer
that
offers
health
insurance,
disability
insurance,
24
life
insurance,
and
long-term
care
insurance.
“Insurer”,
25
“disability
insurance”,
“life
insurance”,
and
“long-term
care
26
insurance”
are
defined
in
the
bill.
27
Under
current
law,
with
respect
to
health
insurance,
a
28
third-party
administrator
or
health
insurer
shall
not
release
29
genetic
information
pertaining
to
an
individual
without
the
30
prior
written
authorization
of
the
individual,
and
such
written
31
authorization
shall
be
required
for
each
disclosure
and
shall
32
include
the
person
to
whom
the
disclosure
is
being
made.
The
33
bill
expands
the
release
of
genetic
information
by
an
insurer
34
with
respect
to
health
insurance,
life
insurance,
disability
35
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insurance,
or
long-term
care
insurance.
1
Current
law
prohibits
a
health
insurer,
with
respect
to
2
health
insurance,
from
discriminating
against
an
individual
or
3
a
member
of
the
individual’s
family
on
the
basis
of
genetic
4
information
or
genetic
testing.
The
bill
prohibits
the
same
5
discrimination
for
life
insurance,
disability
insurance,
and
6
long-term
care
insurance.
7
Under
current
law,
a
health
insurer
is
not
required
to
8
provide
particular
benefits,
but
shall
not
consider
a
genetic
9
propensity,
susceptibility,
or
carrier
status
as
a
preexisting
10
condition
for
the
purposes
of
health
insurance.
Under
the
11
bill,
the
same
applies
to
life
insurance,
disability
insurance,
12
and
long-term
care
insurance.
13
Current
law
prohibits
a
health
insurer
from
using
14
genetic
information
or
genetic
testing
for
underwriting
15
health
insurance
in
individual
and
group
markets.
The
same
16
prohibition
applies
to
an
insurer
of
life
insurance,
disability
17
insurance,
or
long-term
care
insurance.
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