State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 002 ]


92_SB0042ham001

 










                                             LRB9203352WHcsam

 1                     AMENDMENT TO SENATE BILL 42

 2        AMENDMENT NO.     .  Amend Senate Bill  42  by  replacing
 3    the title with the following:
 4        "AN ACT in relation to health."; and

 5    by  replacing  everything  after the enacting clause with the
 6    following:

 7        "Section  5.  The  Genetic  Information  Privacy  Act  is
 8    amended by changing Sections 20 and 25 as follows:

 9        (410 ILCS 513/20)
10        Sec.  20.  Use  of  genetic   testing   information   for
11    insurance purposes.
12        (a)  An  insurer  may  not  seek information derived from
13    genetic testing for  use  in  connection  with  a  policy  of
14    accident   and  health  insurance.   Except  as  provided  in
15    subsection (b), an insurer that receives information  derived
16    from  genetic  testing  may  not  use  the  information for a
17    nontherapeutic purpose as it relates to a policy of  accident
18    and health insurance.
19        (b)  An  insurer  may  consider  the  results  of genetic
20    testing in connection with a policy of  accident  and  health
21    insurance  if  the individual voluntarily submits the results
 
                            -2-              LRB9203352WHcsam
 1    and the results are favorable to the individual.
 2        (c)  An insurer that possesses information  derived  from
 3    genetic  testing  may  not release the information to a third
 4    party, except as specified in Section 30.
 5        (d)  An insurer may  not  use  information  derived  from
 6    genetic testing in a manner adverse to the individual tested,
 7    regardless of the source of that information.
 8    (Source: P.A. 90-25, eff. 1-1-98.)

 9        (410 ILCS 513/25)
10        Sec.   25.  Use   of   genetic   testing  information  by
11    employers.
12        (a)  An employer shall treat genetic testing  information
13    in  such a manner that is consistent with the requirements of
14    federal law, including but not limited to the Americans  with
15    Disabilities Act.
16        (b)  An  employer may release genetic testing information
17    only in accordance with Section 30.
18        (c)  An employer may not  use  information  derived  from
19    genetic testing in a manner adverse to the individual tested,
20    regardless of the source of that information.
21    (Source: P.A. 90-25, eff. 1-1-98.)

22        Section  99.  Effective date.  This Act takes effect upon
23    becoming law.".

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