Bill Text: TX HB3742 | 2021-2022 | 87th Legislature | Engrossed
Bill Title: Relating to a prohibition on the use of genetic information gathered from direct-to-consumer genetic tests by a long-term care benefit plan issuer or a life insurance company.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Engrossed - Dead) 2021-05-12 - Referred to Business & Commerce [HB3742 Detail]
Download: Texas-2021-HB3742-Engrossed.html
87R23046 RDS-D | ||
By: Capriglione, Oliverson, Smithee | H.B. No. 3742 |
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relating to a prohibition on the use of genetic information | ||
gathered from direct-to-consumer genetic tests by a long-term care | ||
benefit plan issuer or a life insurance company. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle C, Title 5, Insurance Code, is amended | ||
by adding Chapter 564 to read as follows: | ||
CHAPTER 564. USE OF GENETIC INFORMATION GATHERED FROM | ||
DIRECT-TO-CONSUMER GENETIC TEST | ||
Sec. 564.001. APPLICABILITY OF CHAPTER. (a) This chapter | ||
applies only to: | ||
(1) an individual long-term care benefit plan that is | ||
delivered or issued for delivery in this state; | ||
(2) a group long-term care benefit plan that is: | ||
(A) delivered or issued for delivery in this | ||
state; and | ||
(B) issued to an eligible group as described by | ||
Subchapter B, Chapter 1251; | ||
(3) an evidence of coverage delivered or issued for | ||
delivery in this state for long-term care; and | ||
(4) a life insurance policy issued or delivered in | ||
this state. | ||
(b) This chapter applies only to a policy, certificate, or | ||
evidence of coverage that is issued by: | ||
(1) a capital stock insurance company, including a | ||
life, health and accident, or general casualty insurance company; | ||
(2) a mutual life insurance company; | ||
(3) a mutual assessment life insurance company, | ||
including a statewide mutual assessment corporation, local mutual | ||
aid association, and burial association; | ||
(4) a mutual or mutual assessment association, | ||
including an association subject to Section 887.101; | ||
(5) a mutual insurance company other than a life | ||
insurance company; | ||
(6) a mutual or natural premium life or casualty | ||
insurance company; | ||
(7) a fraternal benefit society; | ||
(8) a Lloyd's plan insurer; | ||
(9) a reciprocal or interinsurance exchange; | ||
(10) a nonprofit medical, hospital, or dental service | ||
corporation, including a company subject to Chapter 842; | ||
(11) a stipulated premium company; | ||
(12) a health maintenance organization under Chapter | ||
843; or | ||
(13) another insurer required to be licensed by the | ||
department. | ||
Sec. 564.002. EXEMPTIONS. This chapter does not apply to: | ||
(1) a group policy or certificate that is delivered or | ||
issued for delivery in this state under a single employer or labor | ||
union group policy that is delivered or issued for delivery outside | ||
this state; or | ||
(2) a benefit plan, including a health benefit plan, | ||
that is not advertised, marketed, or offered as a long-term care | ||
benefit plan or nursing home benefit plan. | ||
Sec. 564.003. LONG-TERM CARE BENEFIT PLAN DEFINED. (a) In | ||
this chapter, "long-term care benefit plan" means an insurance | ||
policy or group certificate, or rider to the policy or certificate, | ||
or evidence of coverage issued by a health maintenance organization | ||
subject to Chapter 843, that is advertised or marketed as | ||
providing, or offered or designed to provide, coverage for not less | ||
than 12 consecutive months for each covered individual on an | ||
expense-incurred, indemnity, prepaid, or other basis for one or | ||
more necessary or medically necessary diagnostic, preventive, | ||
therapeutic, rehabilitative, maintenance, or personal care | ||
services provided in a setting other than an acute care unit of a | ||
hospital. | ||
(b) The term includes a plan or rider, other than a group or | ||
individual annuity or life insurance policy, that provides for | ||
payment of benefits based on cognitive impairment or the loss of | ||
functional capacity. | ||
(c) The term does not include an insurance policy, group | ||
certificate, or evidence of coverage that is offered primarily to | ||
provide: | ||
(1) basic Medicare supplement coverage, basic | ||
hospital expense coverage, basic medical-surgical expense | ||
coverage, hospital confinement indemnity coverage, major medical | ||
expense coverage, disability income protection coverage, | ||
accident-only coverage, specified disease or specified accident | ||
coverage, or limited benefit health coverage; or | ||
(2) basic or single health care services. | ||
Sec. 564.004. USE OF INFORMATION GATHERED FROM | ||
DIRECT-TO-CONSUMER GENETIC TESTS PROHIBITED. (a) In this section, | ||
"direct-to-consumer genetic test" means a genetic test that is | ||
marketed directly to consumers using television, print | ||
advertisements, or the Internet and that may be purchased directly | ||
by a consumer. | ||
(b) Without written consent from an individual applying for | ||
coverage under a long-term care benefit plan or life insurance | ||
policy, a long-term care benefit plan issuer or life insurance | ||
company may not: | ||
(1) require the individual to furnish genetic | ||
information gathered from a direct-to-consumer genetic test; or | ||
(2) use genetic information gathered from a | ||
direct-to-consumer genetic test to reject, deny, limit, increase | ||
the premiums for, or otherwise adversely affect eligibility for or | ||
coverage under the plan or policy. | ||
(c) Nothing in this section may be construed to prohibit or | ||
limit the ability of an insurer to request and obtain medical | ||
information from an individual applying for insurance. | ||
SECTION 2. Chapter 564, Insurance Code, as added by this | ||
Act, applies only to an insurance policy, contract, or evidence of | ||
coverage that is delivered, issued for delivery, or renewed on or | ||
after January 1, 2022. A policy, contract, or evidence of coverage | ||
delivered, issued for delivery, or renewed before January 1, 2022, | ||
is governed by the law as it existed immediately before the | ||
effective date of this Act, and that law is continued in effect for | ||
that purpose. | ||
SECTION 3. This Act takes effect September 1, 2021. |