Additional Resources

A group health plan or a health insurance issuer offering group health insurance coverage may not impose a pre-existing condition exclusion based on genetic information. A group health plan or a health insurance issuer offering group health insurance coverage may not establish rules for eligibility or continued eligibility of any individual to enroll under the terms of the group health plan based on health status-related factors, including genetic information.

This bill amends section 71-551 of the statutes on genetic testing. Proposed changes address the types of genetic tests covered under law and and consent requirements. Measure failed. Bill Status: Died

Requires individual or group sickness and accident insurance policies or subscriber contracts; hospital, medical, or surgical expense-incurred policies; and any self-funded employee benefit plan to the extent not preempted by federal law shall to provide coverage for screening digital breast tomosynthesis and digital magnetic resonance imaging if a woman 40 or older has positive genetic testing. Notice of hearing for February 18, 2020. Bill Status: Pending

Any hospital, medical, or surgical expense-incurred policy or certificate and self-funded employee benefit plan to the extent not preempted by federal law may not require a covered person or his or her dependent or an asymptomatic applicant for coverage or his or her asymptomatic dependent to undergo any genetic test before issuing, renewing, or continuing the policy or certificate. This does prohibit requiring an applicant for coverage to answer questions concerning family history. Bill Status:

A health carrier that decides to discontinue offering a particular type of individual policy or contract in the state and offer another option of coverage must act uniformly without regard to health status-related factors related to any covered individual, including genetic information. A health carrier offering a network health plan must terminate coverage uniformly, as permitted, without regard to health status-related factors, including genetic information.

An employer may not discriminate against an employee or applicant because of genetic information that is unrelated to the ability to perform the duties of a particular job or position. An employer also may not require an employee or applicant to submit to a genetic test or to provide genetic information as a condition of employment or promotion. An employee may voluntarily submit genetic information that is related to health and safety in the workplace.

The health department must adopt and promulgate rules and regulations relating to the use of residual newborn screening specimens and related information. Use may only be made for public health purposes and must comply with all applicable provisions of federal law. The department may charge a reasonable fee for evaluating proposals relating to the use of such specimens for public health research and for preparing and supplying specimens for research proposals approved by the department. The health department also must develop a pamphlet which explains that residual newborn blood specimens may be used for approved public health research.

A physician or an individual to whom the physician has delegated authority to perform a selected act, task, or function may not order a predictive genetic test without prior written informed consent and in the manner specified with some exceptions such as newborn screening. The health department must develop a model informed consent form that, if used, bars the person tested from bringing any civil action on the basis that consent was not obtained.

Under the Small Employer Health Insurance Availability Act, health status-related factor is defined to include genetic information and pre-existing condition is defined to exclude genetic information in the absence of a diagnosis.

A health benefit plan may not treat genetic information as a pre-existing condition in the absence of a diagnosis. A health carrier may not establish rules for eligibility and continued eligibility of any individual to enroll under the terms of the health benefit plan based on a health status-related factor, including genetic information.