Arizona 2024 Regular Session

Arizona House Bill HB2649 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	REFERENCE TITLE: cancer screening; coverage; gene mutation State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024 HB 2649 Introduced by Representatives Schwiebert: Blattman, Contreras L, Cook, Crews, Hernandez A, Seaman, Terech; Senators Alston, Miranda An Act amending title 20, chapter 4, article 3, Arizona Revised Statutes, by adding section 20-841.14; amending title 20, chapter 4, article 9, Arizona Revised Statutes, by adding section 20-1057.20; amending title 20, chapter 6, article 4, Arizona Revised Statutes, by adding section 20-1376.11; amending title 20, chapter 6, article 5, Arizona Revised Statutes, by adding section 20-1406.11; amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3230.02; amending title 36, chapter 29, article 1, Arizona Revised Statutes, by adding section 36-2907.16; relating to health care coverage. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: cancer screening; coverage; gene mutation
10	10	State of Arizona House of Representatives Fifty-sixth Legislature Second Regular Session 2024
11	11	HB 2649
12	12	Introduced by Representatives Schwiebert: Blattman, Contreras L, Cook, Crews, Hernandez A, Seaman, Terech; Senators Alston, Miranda
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14	14	REFERENCE TITLE: cancer screening; coverage; gene mutation
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28	28	Fifty-sixth Legislature
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30	30	Second Regular Session
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40	40	HB 2649
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44	44	Introduced by
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46	46	Representatives Schwiebert: Blattman, Contreras L, Cook, Crews, Hernandez A, Seaman, Terech; Senators Alston, Miranda
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64	64	An Act
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68	68	amending title 20, chapter 4, article 3, Arizona Revised Statutes, by adding section 20-841.14; amending title 20, chapter 4, article 9, Arizona Revised Statutes, by adding section 20-1057.20; amending title 20, chapter 6, article 4, Arizona Revised Statutes, by adding section 20-1376.11; amending title 20, chapter 6, article 5, Arizona Revised Statutes, by adding section 20-1406.11; amending title 32, chapter 32, article 1, Arizona Revised Statutes, by adding section 32-3230.02; amending title 36, chapter 29, article 1, Arizona Revised Statutes, by adding section 36-2907.16; relating to health care coverage.
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74	74	(TEXT OF BILL BEGINS ON NEXT PAGE)
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 20, chapter 4, article 3, Arizona Revised Statutes, is amended by adding section 20-841.14, to read: START_STATUTE20-841.14. Genetic testing; genetic counseling; cancer; coverage; definitions A. A hospital service corporation or medical service corporation that issues, delivers or renews a subscription contract in this state on or after January 1, 2025 shall provide coverage for subscribers as follows: 1. Under circumstances where increased screening, risk assessment, genetic counseling or testing is necessary based on national comprehensive cancer network guidelines. 2. For genetic counseling, genetic testing, single-gene germline mutation testing or multigene Germline mutation testing based on national comprehensive cancer network guidelines, if the subscriber has a personal history or family history of cancer or inherited gene mutation. 3. for Any genetic test for cancer risk if the recommendation is consistent with the most recent version of the genetic testing guidelines as published by a National Comprehensive Cancer Network and ordered by a health care provider. B. A hospital service corporation or medical service corporation shall ensure that the benefits required by this section are made available to a subscriber through a health care provider who is a member of the provider network of the hospital service corporation or medical service corporation. C. Coverage under this section is not subject to a deductible, coinsurance or any other cost sharing requirement. D. For the purposes of this section: 1. "BRCA genes" means BRCA1 or BRCA2 genes that, when mutated, cause an increased risk of breast, ovarian, prostate, pancreatic and melanoma cancers. 2. "Genetic test for cancer risk" means a blood, saliva or tissue type test that reliably determines the presence or absence of an inherited genetic characteristic that is generally accepted in the medical or scientific community as being associated with a statistically significant increased risk of cancer development. 3. "Germline mutation testing" means testing for inherited genetic mutations that are associated with an increased cancer risk based on evidence-based, clinical practice guidelines that address genetic counseling and testing, screening and management of individuals who have an inherited genetic mutation associated with an increased cancer risk and that include: (a) A Breast Cancer Gene, including either of the following: (i) BRCA1. (ii) BRCA2. (b) A Lynch Syndrome gene, including any of the following: (i) MLH1. (ii) MSH2. (iii) MSH6. (iv) PMS2. (v) EPCAM. (c) Any other hereditary cancer syndrome-related gene. 4. "Health care provider" means a person who is licensed or certified pursuant to title 32, chapter 13, 15, 17, 25 or 29. END_STATUTE Sec. 2. Title 20, chapter 4, article 9, Arizona Revised Statutes, is amended by adding section 20-1057.20, to read: START_STATUTE20-1057.20. Genetic testing; genetic counseling; cancer; coverage; definitions A. A health care services organization that issues, delivers or renews an evidence of coverage in this state on or after January 1, 2025 shall provide coverage for enrollees as follows: 1. Under circumstances where increased screening, genetic counseling or testing is necessary based on national comprehensive cancer network guidelines. 2. For genetic counseling, genetic testing, single-gene germline mutation testing or multigene Germline mutation testing based on national comprehensive cancer network guidelines, if the enrollee has a personal history or family history of cancer or gene mutation. 3. For Any genetic test for cancer risk if the recommendation is consistent with the most recent version of the genetic testing guidelines as published by a National Comprehensive Cancer Network and ordered by a health care provider. B. A health care services organization shall ensure that the benefits required by this section are made available to an enrollee through a health care provider who is a member of the provider network of the health care services corporation. C. Coverage under this section is not subject to a deductible, coinsurance or any other cost sharing requirement. D. For the purposes of this section: 1. "BRCA genes" means BRCA1 or BRCA2 genes that, when mutated, cause an increased risk of breast, ovarian, prostate, pancreatic and melanoma cancers. 2. "Genetic test for cancer risk" means a blood, saliva or tissue type test that reliably determines the presence or absence of an inherited genetic characteristic that is generally accepted in the medical or scientific community as being associated with a statistically significant increased risk of cancer development. 3. "Germline mutation testing" means testing for inherited genetic mutations that are associated with an increased cancer risk based on evidence-based, clinical practice guidelines that address genetic counseling and testing, screening and management of individuals who have an inherited genetic mutation associated with an increased cancer risk and that include: (a) A Breast Cancer Gene, including either of the following: (i) BRCA1. (ii) BRCA2. (b) A Lynch Syndrome gene, including any of the following: (i) MLH1. (ii) MSH2. (iii) MSH6. (iv) PMS2. (v) EPCAM. (c) Any other hereditary cancer syndrome-related gene. 4. "Health care provider" means a person who is licensed or certified pursuant to title 32, chapter 13, 15, 17, 25 or 29. END_STATUTE Sec. 3. Title 20, chapter 6, article 4, Arizona Revised Statutes, is amended by adding section 20-1376.11, to read: START_STATUTE20-1376.11. Genetic testing; genetic counseling; cancer; coverage; definitions A. A disability insurer that issues, delivers or renews a disability insurance policy in this state on or after January 1, 2025 shall provide coverage for insureds as follows: 1. Under circumstances where increased screening, genetic counseling or testing is necessary based on national comprehensive cancer network guidelines. 2. For genetic counseling, genetic testing, single-gene germline mutation testing or multigene Germline mutation testing based on national comprehensive cancer network guidelines, if the insured has a personal history or family history of cancer or gene mutation. 3. For Any genetic test for cancer risk if the recommendation is consistent with the most recent version of the genetic testing guidelines as published by a National Comprehensive Cancer Network and ordered by a health care provider. B. A disability insurer shall ensure that the benefits required by this section are made available to an insured through a health care provider who is a member of the provider network of the disability insurer. C. Coverage under this section is not subject to a deductible, coinsurance or any other cost sharing requirement. D. For the purposes of this section: 1. "BRCA genes" means BRCA1 or BRCA2 genes that, when mutated, cause an increased risk of breast, ovarian, prostate, pancreatic and melanoma cancers. 2. "genetic test for cancer risk" means a blood, saliva or tissue type test that reliably determines the presence or absence of an inherited genetic characteristic that is generally accepted in the medical or scientific community as being associated with a statistically significant increased risk of cancer development. 3. "Germline mutation testing" means testing for inherited genetic mutations that are associated with an increased cancer risk based on evidence-based, clinical practice guidelines that address genetic counseling and testing, screening and management of individuals who have an inherited genetic mutation associated with an increased cancer risk and that include: (a) A Breast Cancer Gene, including either of the following: (i) BRCA1. (ii) BRCA2. (b) A Lynch Syndrome gene, including any of the following: (i) MLH1. (ii) MSH2. (iii) MSH6. (iv) PMS2. (v) EPCAM. (c) Any other hereditary cancer syndrome-related gene. 4. "Health care provider" means a person who is licensed or certified pursuant to title 32, chapter 13, 15, 17, 25 or 29. END_STATUTE Sec. 4. Title 20, chapter 6, article 5, Arizona Revised Statutes, is amended by adding section 20-1406.11, to read: START_STATUTE20-1406.11. Genetic testing; genetic counseling; cancer; coverage; definitions A. A group disability insurer or blanket disability insurer that issues, delivers or renews a group disability contract or blanket disability contract in this state on or after January 1, 2025 shall provide coverage for insureds as follows: 1. Under circumstances where increased screening, genetic counseling or testing is necessary based on national comprehensive cancer network guidelines. 2. For genetic counseling, genetic testing, single-gene germline mutation testing or multigene Germline mutation testing based on national comprehensive cancer network guidelines, if the insured has a personal history or family history of cancer or gene mutation. 3. For any genetic test for cancer risk if the recommendation is consistent with the most recent version of the genetic testing guidelines as published by a National Comprehensive Cancer Network and ordered by a health care provider. B. A group disability insurer or blanket disability insurer shall ensure that the benefits required by this section are made available to an insured through a health care provider who is a member of the provider network of the group disability insurer or blanket disability insurer. C. Coverage under this section is not subject to a deductible, coinsurance or any other cost sharing requirement. d. for the purposes of this section: 1. "BRCA genes" means BRCA1 or BRCA2 genes that, when mutated, cause an increased risk of breast, ovarian, prostate, pancreatic and melanoma cancerS. 2. "genetic test for cancer risk" means a blood, saliva or tissue type test that reliably determines the presence or absence of an inherited genetic characteristic that is generally accepted in the medical or scientific community as being associated with a statistically significant increased risk of cancer development. 3. "Germline mutation testing" means testing for inherited genetic mutations that are associated with an increased cancer risk based on evidence-based, clinical practice guidelines that address genetic counseling and testing, screening and management of individuals who have an inherited genetic mutation associated with an increased cancer risk and that include: (a) A Breast Cancer Gene, including either of the following: (i) BRCA1. (ii) BRCA2. (b) A Lynch Syndrome gene, including any of the following: (i) MLH1. (ii) MSH2. (iii) MSH6. (iv) PMS2. (v) EPCAM. (c) Any other hereditary cancer syndrome-related gene. 4. "Health care provider" means a person who is licensed or certified pursuant to title 32, chapter 13, 15, 17, 25 or 29. END_STATUTE Sec. 5. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3230.02, to read: START_STATUTE32-3230.02. Primary care providers; genetic testing; genetic counseling; cancer; definitions A. A primary care provider shall attempt to determine whether each adult patient to whom the primary care provider provides care has either: 1. a personal or family history of melanoma, breast, ovarian, tubal, peritoneal, endometrial, colorectal, gastric, pancreatic or prostate cancer. 2. an ancestry associated with a harmful mutation in the BRCA genes or lynch syndrome genes or meets any other criteria for hereditary cancer genetic testing as outlined in guidelines prescribed by the national comprehensive cancer network or a similar medical professional organization. B. if the primary care provider determines that an adult patient to whom the primary care provider provides care meets the criteria prescribed in subsection A, paragraph 1 of this section, the patient shall be provided or referred for genetic counseling or germline mutation testing, or both, as applicable, based on nationally recognized clinical standards. C. If the primary care provider determines that an adult patient to whom the primary care provider provides care meets the criteria prescribed in subsection A, paragraph 1 of this section and the patient has not previously tested positive for a mutation in the BRCA genes or other genes associated with an increased cancer risk, the primary care provider shall use an appropriate familial risk assessment tool to screen for the risk of such a mutation. If this screening indicates that the patient is at risk of a harmful mutation in the BRCA genes or other genes associated with an increased cancer risk, the primary care provider shall do both of the following: 1. Provide genetic counseling to the patient or refer the patient for genetic counseling. 2. If a genetic test for harmful mutations in the BRCA genes or other genes associated with an increased cancer risk is clinically indicated as a result of the genetic counseling, administer a genetic test for cancer risk to the patient or refer the patient for genetic testing. D. for the purposes of this section: 1. "BRCA genes" means BRCA1 or BRCA2 genes that, when mutated, cause an increased risk of breast, ovarian, prostate, pancreatic and melanoma cancerS. 2. "genetic test for cancer risk" means a blood, saliva or tissue type test that reliably determines the presence or absence of an inherited genetic characteristic that is generally accepted in the medical or scientific community as being associated with a statistically significant increased risk of cancer development. 3. "Germline mutation testing" means testing for inherited genetic mutations that are associated with an increased cancer risk based on evidence-based, clinical practice guidelines that address genetic counseling and testing, screening and management of individuals who have an inherited genetic mutation associated with an increased cancer risk and that include: (a) A Breast Cancer Gene, including either of the following: (i) BRCA1. (ii) BRCA2. (b) A Lynch Syndrome gene, including any of the following: (i) MLH1. (ii) MSH2. (iii) MSH6. (iv) PMS2. (v) EPCAM. (c) Any other hereditary cancer syndrome-related gene. 4. "Health care provider" means a person who is licensed or certified pursuant to chapter 13, 15, 17, 25 or 29 of this title. END_STATUTE Sec. 6. Title 36, chapter 29, article 1, Arizona Revised Statutes, is amended by adding section 36-2907.16, to read: START_STATUTE36-2907.16. Genetic testing; genetic counseling; cancer The administration and its contractors, to the extent authorized by federal law, shall provide screening, genetic counseling, genetic testing and germline mutation testing for harmful inherited genetic mutations in the BRCA genes or other genes that cause an increased cancer risk for members when indicated pursuant to section 32-3230.02. END_STATUTE Sec. 7. Short title This act may be cited as the "Donna Hicks Act".
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Title 20, chapter 4, article 3, Arizona Revised Statutes, is amended by adding section 20-841.14, to read:
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84	84	START_STATUTE20-841.14. Genetic testing; genetic counseling; cancer; coverage; definitions
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86	86	A. A hospital service corporation or medical service corporation that issues, delivers or renews a subscription contract in this state on or after January 1, 2025 shall provide coverage for subscribers as follows:
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88	88	1. Under circumstances where increased screening, risk assessment, genetic counseling or testing is necessary based on national comprehensive cancer network guidelines.
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90	90	2. For genetic counseling, genetic testing, single-gene germline mutation testing or multigene Germline mutation testing based on national comprehensive cancer network guidelines, if the subscriber has a personal history or family history of cancer or inherited gene mutation.
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92	92	3. for Any genetic test for cancer risk if the recommendation is consistent with the most recent version of the genetic testing guidelines as published by a National Comprehensive Cancer Network and ordered by a health care provider.
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94	94	B. A hospital service corporation or medical service corporation shall ensure that the benefits required by this section are made available to a subscriber through a health care provider who is a member of the provider network of the hospital service corporation or medical service corporation.
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96	96	C. Coverage under this section is not subject to a deductible, coinsurance or any other cost sharing requirement.
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98	98	D. For the purposes of this section:
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100	100	1. "BRCA genes" means BRCA1 or BRCA2 genes that, when mutated, cause an increased risk of breast, ovarian, prostate, pancreatic and melanoma cancers.
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102	102	2. "Genetic test for cancer risk" means a blood, saliva or tissue type test that reliably determines the presence or absence of an inherited genetic characteristic that is generally accepted in the medical or scientific community as being associated with a statistically significant increased risk of cancer development.
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104	104	3. "Germline mutation testing" means testing for inherited genetic mutations that are associated with an increased cancer risk based on evidence-based, clinical practice guidelines that address genetic counseling and testing, screening and management of individuals who have an inherited genetic mutation associated with an increased cancer risk and that include:
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106	106	(a) A Breast Cancer Gene, including either of the following:
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108	108	(i) BRCA1.
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110	110	(ii) BRCA2.
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112	112	(b) A Lynch Syndrome gene, including any of the following:
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114	114	(i) MLH1.
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116	116	(ii) MSH2.
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118	118	(iii) MSH6.
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120	120	(iv) PMS2.
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122	122	(v) EPCAM.
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124	124	(c) Any other hereditary cancer syndrome-related gene.
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126	126	4. "Health care provider" means a person who is licensed or certified pursuant to title 32, chapter 13, 15, 17, 25 or 29. END_STATUTE
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128	128	Sec. 2. Title 20, chapter 4, article 9, Arizona Revised Statutes, is amended by adding section 20-1057.20, to read:
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130	130	START_STATUTE20-1057.20. Genetic testing; genetic counseling; cancer; coverage; definitions
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132	132	A. A health care services organization that issues, delivers or renews an evidence of coverage in this state on or after January 1, 2025 shall provide coverage for enrollees as follows:
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134	134	1. Under circumstances where increased screening, genetic counseling or testing is necessary based on national comprehensive cancer network guidelines.
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136	136	2. For genetic counseling, genetic testing, single-gene germline mutation testing or multigene Germline mutation testing based on national comprehensive cancer network guidelines, if the enrollee has a personal history or family history of cancer or gene mutation.
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138	138	3. For Any genetic test for cancer risk if the recommendation is consistent with the most recent version of the genetic testing guidelines as published by a National Comprehensive Cancer Network and ordered by a health care provider.
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140	140	B. A health care services organization shall ensure that the benefits required by this section are made available to an enrollee through a health care provider who is a member of the provider network of the health care services corporation.
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142	142	C. Coverage under this section is not subject to a deductible, coinsurance or any other cost sharing requirement.
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144	144	D. For the purposes of this section:
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146	146	1. "BRCA genes" means BRCA1 or BRCA2 genes that, when mutated, cause an increased risk of breast, ovarian, prostate, pancreatic and melanoma cancers.
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148	148	2. "Genetic test for cancer risk" means a blood, saliva or tissue type test that reliably determines the presence or absence of an inherited genetic characteristic that is generally accepted in the medical or scientific community as being associated with a statistically significant increased risk of cancer development.
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150	150	3. "Germline mutation testing" means testing for inherited genetic mutations that are associated with an increased cancer risk based on evidence-based, clinical practice guidelines that address genetic counseling and testing, screening and management of individuals who have an inherited genetic mutation associated with an increased cancer risk and that include:
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152	152	(a) A Breast Cancer Gene, including either of the following:
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154	154	(i) BRCA1.
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156	156	(ii) BRCA2.
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158	158	(b) A Lynch Syndrome gene, including any of the following:
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160	160	(i) MLH1.
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162	162	(ii) MSH2.
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164	164	(iii) MSH6.
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166	166	(iv) PMS2.
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168	168	(v) EPCAM.
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170	170	(c) Any other hereditary cancer syndrome-related gene.
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172	172	4. "Health care provider" means a person who is licensed or certified pursuant to title 32, chapter 13, 15, 17, 25 or 29. END_STATUTE
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174	174	Sec. 3. Title 20, chapter 6, article 4, Arizona Revised Statutes, is amended by adding section 20-1376.11, to read:
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176	176	START_STATUTE20-1376.11. Genetic testing; genetic counseling; cancer; coverage; definitions
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178	178	A. A disability insurer that issues, delivers or renews a disability insurance policy in this state on or after January 1, 2025 shall provide coverage for insureds as follows:
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180	180	1. Under circumstances where increased screening, genetic counseling or testing is necessary based on national comprehensive cancer network guidelines.
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182	182	2. For genetic counseling, genetic testing, single-gene germline mutation testing or multigene Germline mutation testing based on national comprehensive cancer network guidelines, if the insured has a personal history or family history of cancer or gene mutation.
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184	184	3. For Any genetic test for cancer risk if the recommendation is consistent with the most recent version of the genetic testing guidelines as published by a National Comprehensive Cancer Network and ordered by a health care provider.
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186	186	B. A disability insurer shall ensure that the benefits required by this section are made available to an insured through a health care provider who is a member of the provider network of the disability insurer.
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188	188	C. Coverage under this section is not subject to a deductible, coinsurance or any other cost sharing requirement.
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190	190	D. For the purposes of this section:
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192	192	1. "BRCA genes" means BRCA1 or BRCA2 genes that, when mutated, cause an increased risk of breast, ovarian, prostate, pancreatic and melanoma cancers.
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194	194	2. "genetic test for cancer risk" means a blood, saliva or tissue type test that reliably determines the presence or absence of an inherited genetic characteristic that is generally accepted in the medical or scientific community as being associated with a statistically significant increased risk of cancer development.
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196	196	3. "Germline mutation testing" means testing for inherited genetic mutations that are associated with an increased cancer risk based on evidence-based, clinical practice guidelines that address genetic counseling and testing, screening and management of individuals who have an inherited genetic mutation associated with an increased cancer risk and that include:
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198	198	(a) A Breast Cancer Gene, including either of the following:
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200	200	(i) BRCA1.
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202	202	(ii) BRCA2.
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204	204	(b) A Lynch Syndrome gene, including any of the following:
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206	206	(i) MLH1.
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208	208	(ii) MSH2.
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210	210	(iii) MSH6.
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212	212	(iv) PMS2.
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214	214	(v) EPCAM.
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216	216	(c) Any other hereditary cancer syndrome-related gene.
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218	218	4. "Health care provider" means a person who is licensed or certified pursuant to title 32, chapter 13, 15, 17, 25 or 29. END_STATUTE
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220	220	Sec. 4. Title 20, chapter 6, article 5, Arizona Revised Statutes, is amended by adding section 20-1406.11, to read:
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222	222	START_STATUTE20-1406.11. Genetic testing; genetic counseling; cancer; coverage; definitions
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224	224	A. A group disability insurer or blanket disability insurer that issues, delivers or renews a group disability contract or blanket disability contract in this state on or after January 1, 2025 shall provide coverage for insureds as follows:
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226	226	1. Under circumstances where increased screening, genetic counseling or testing is necessary based on national comprehensive cancer network guidelines.
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228	228	2. For genetic counseling, genetic testing, single-gene germline mutation testing or multigene Germline mutation testing based on national comprehensive cancer network guidelines, if the insured has a personal history or family history of cancer or gene mutation.
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230	230	3. For any genetic test for cancer risk if the recommendation is consistent with the most recent version of the genetic testing guidelines as published by a National Comprehensive Cancer Network and ordered by a health care provider.
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232	232	B. A group disability insurer or blanket disability insurer shall ensure that the benefits required by this section are made available to an insured through a health care provider who is a member of the provider network of the group disability insurer or blanket disability insurer.
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234	234	C. Coverage under this section is not subject to a deductible, coinsurance or any other cost sharing requirement.
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236	236	d. for the purposes of this section:
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238	238	1. "BRCA genes" means BRCA1 or BRCA2 genes that, when mutated, cause an increased risk of breast, ovarian, prostate, pancreatic and melanoma cancerS.
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240	240	2. "genetic test for cancer risk" means a blood, saliva or tissue type test that reliably determines the presence or absence of an inherited genetic characteristic that is generally accepted in the medical or scientific community as being associated with a statistically significant increased risk of cancer development.
241	241
242	242	3. "Germline mutation testing" means testing for inherited genetic mutations that are associated with an increased cancer risk based on evidence-based, clinical practice guidelines that address genetic counseling and testing, screening and management of individuals who have an inherited genetic mutation associated with an increased cancer risk and that include:
243	243
244	244	(a) A Breast Cancer Gene, including either of the following:
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246	246	(i) BRCA1.
247	247
248	248	(ii) BRCA2.
249	249
250	250	(b) A Lynch Syndrome gene, including any of the following:
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252	252	(i) MLH1.
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254	254	(ii) MSH2.
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256	256	(iii) MSH6.
257	257
258	258	(iv) PMS2.
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260	260	(v) EPCAM.
261	261
262	262	(c) Any other hereditary cancer syndrome-related gene.
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264	264	4. "Health care provider" means a person who is licensed or certified pursuant to title 32, chapter 13, 15, 17, 25 or 29. END_STATUTE
265	265
266	266	Sec. 5. Title 32, chapter 32, article 1, Arizona Revised Statutes, is amended by adding section 32-3230.02, to read:
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268	268	START_STATUTE32-3230.02. Primary care providers; genetic testing; genetic counseling; cancer; definitions
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270	270	A. A primary care provider shall attempt to determine whether each adult patient to whom the primary care provider provides care has either:
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272	272	1. a personal or family history of melanoma, breast, ovarian, tubal, peritoneal, endometrial, colorectal, gastric, pancreatic or prostate cancer.
273	273
274	274	2. an ancestry associated with a harmful mutation in the BRCA genes or lynch syndrome genes or meets any other criteria for hereditary cancer genetic testing as outlined in guidelines prescribed by the national comprehensive cancer network or a similar medical professional organization.
275	275
276	276	B. if the primary care provider determines that an adult patient to whom the primary care provider provides care meets the criteria prescribed in subsection A, paragraph 1 of this section, the patient shall be provided or referred for genetic counseling or germline mutation testing, or both, as applicable, based on nationally recognized clinical standards.
277	277
278	278	C. If the primary care provider determines that an adult patient to whom the primary care provider provides care meets the criteria prescribed in subsection A, paragraph 1 of this section and the patient has not previously tested positive for a mutation in the BRCA genes or other genes associated with an increased cancer risk, the primary care provider shall use an appropriate familial risk assessment tool to screen for the risk of such a mutation. If this screening indicates that the patient is at risk of a harmful mutation in the BRCA genes or other genes associated with an increased cancer risk, the primary care provider shall do both of the following:
279	279
280	280	1. Provide genetic counseling to the patient or refer the patient for genetic counseling.
281	281
282	282	2. If a genetic test for harmful mutations in the BRCA genes or other genes associated with an increased cancer risk is clinically indicated as a result of the genetic counseling, administer a genetic test for cancer risk to the patient or refer the patient for genetic testing.
283	283
284	284	D. for the purposes of this section:
285	285
286	286	1. "BRCA genes" means BRCA1 or BRCA2 genes that, when mutated, cause an increased risk of breast, ovarian, prostate, pancreatic and melanoma cancerS.
287	287
288	288	2. "genetic test for cancer risk" means a blood, saliva or tissue type test that reliably determines the presence or absence of an inherited genetic characteristic that is generally accepted in the medical or scientific community as being associated with a statistically significant increased risk of cancer development.
289	289
290	290	3. "Germline mutation testing" means testing for inherited genetic mutations that are associated with an increased cancer risk based on evidence-based, clinical practice guidelines that address genetic counseling and testing, screening and management of individuals who have an inherited genetic mutation associated with an increased cancer risk and that include:
291	291
292	292	(a) A Breast Cancer Gene, including either of the following:
293	293
294	294	(i) BRCA1.
295	295
296	296	(ii) BRCA2.
297	297
298	298	(b) A Lynch Syndrome gene, including any of the following:
299	299
300	300	(i) MLH1.
301	301
302	302	(ii) MSH2.
303	303
304	304	(iii) MSH6.
305	305
306	306	(iv) PMS2.
307	307
308	308	(v) EPCAM.
309	309
310	310	(c) Any other hereditary cancer syndrome-related gene.
311	311
312	312	4. "Health care provider" means a person who is licensed or certified pursuant to chapter 13, 15, 17, 25 or 29 of this title. END_STATUTE
313	313
314	314	Sec. 6. Title 36, chapter 29, article 1, Arizona Revised Statutes, is amended by adding section 36-2907.16, to read:
315	315
316	316	START_STATUTE36-2907.16. Genetic testing; genetic counseling; cancer
317	317
318	318	The administration and its contractors, to the extent authorized by federal law, shall provide screening, genetic counseling, genetic testing and germline mutation testing for harmful inherited genetic mutations in the BRCA genes or other genes that cause an increased cancer risk for members when indicated pursuant to section 32-3230.02. END_STATUTE
319	319
320	320	Sec. 7. Short title
321	321
322	322	This act may be cited as the "Donna Hicks Act".