By John Hilton
February 20, 2020
A Florida bill that would prohibit insurers from using
customers’ genetic information in changing, denying or canceling policies
cleared its third and final Senate committee Wednesday.
The bill passed the Senate Rules Committee by a 16-1 vote.
The bill passed the Senate Rules Committee by a 16-1 vote.
The Senate Banking and Insurance and Judiciary committees
previously voted to move the bill, according to the Florida Senate bill
tracker. The bill was “placed on the calendar” and could be voted on soon by
the full Senate.
The Florida House of Representatives passed a similar bill Jan.
29. Several insurance industry representatives have testified against the
bills.
Sen. Kelli Stargel, R, sponsored the Senate bill and made one
significant change: to allow insurers to use genetic information included in a
consumer's medical record.
"Insurers may use genetic information for underwriting
purposes only if (1) genetic information is contained in the medical record,
(2) the use of any genetic testing results is limited to what is in the medical
record, (3) the genetic information is relevant to a potential medical
condition that impacts mortality or morbidity risk, and (4) the genetic
information is related to expected mortality or morbidity based on sound
actuarial principles or reasonably expected experience,” the law firm Faegre
Drinker Biddle & Reath said in an alert.
State and federal law already prevent health insurance companies
from considering a person’s genetic information when deciding if and at what
price to cover that consumer. The Florida legislation would extend that ban to
life, disability and long-term care insurers.
If passed by both houses, a Florida bill along these lines would
become the latest of several states, including California, Vermont, and Maine,
to restrict the use of genetic information by life insurers.
"The Senate bill provides more clarity as to what are
considered permitted or prohibited actions relating to genetic
information," wrote Faegre Drinker authors Josephine Cicchetti and Gail J.
Kamal. "Some critics of the bill (particularly the House version) view it
as too broad and prohibitive, which could lead to disruption in the market and
higher prices for consumers."
InsuranceNewsNet
Senior Editor John Hilton has covered business and other beats in more than 20
years of daily journalism. John may be reached at john.hilton@innfeedback.com.
Follow him on Twitter @INNJohnH.
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