Full Text of HB2189 101st General Assembly
HB2189 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2189 Introduced , by Rep. Natalie A. Manley SYNOPSIS AS INTRODUCED: |
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Amends the Genetic Information Privacy Act. Provides that long-term care and life insurance policies are among those for which an insurer may not seek information derived from genetic testing. Removes language specifying that a provision prohibiting an insurer from using or disclosing protected health information that is genetic information for underwriting purposes does not apply to insurers issuing long-term care policies.
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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 accident | 11 | | and health , long-term care, or life insurance. Except as
| 12 | | provided in subsection (c), an insurer that receives | 13 | | information derived from
genetic testing, regardless of the | 14 | | source of that information, may not use
the information for a | 15 | | nontherapeutic purpose as it
relates to a policy of accident | 16 | | and health , long-term care, or life 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 fixed | 21 | | indemnity plan. | 22 | | (c) An insurer may consider the results of genetic testing | 23 | | in connection
with a policy of accident and health , long-term | 24 | | care, or life insurance if the individual voluntarily
submits | 25 | | the results and the 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 | | (Source: P.A. 98-1046, eff. 1-1-15 .)
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