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General Assembly Raised Bill No. 7262
January Session, 2019
LCO No. 4584
Referred to Committee on INSURANCE AND REAL
ESTATE
Introduced by:
(INS)
AN ACT CONCERNING TH E USE OF GENETIC INFORMATION AND
TESTING BY LIFE INSURANCE COMPANIES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2019) (a) For the purposes of 1
this section: 2
(1) "Genetic information" means any information concerning the 3
genes, gene products or inherited characteristics of an individual; and 4
(2) "Genetic testing" means any service or procedure that is used to 5
collect genetic information concerning an individual. 6
(b) No life insurance company doing business in this state shall: 7
(1) Request or require, directly or indirectly, an individual or a 8
member of an individual's family to undergo genetic testing, or reveal 9
the results of any genetic testing concerning such individual or family 10
member, as a precondition to (A) accepting an application for life 11
insurance coverage or an annuity contract in this state, or (B) 12
delivering, issuing for delivery or renewing a life insurance policy or 13 Raised Bill No. 7262
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annuity contract in this state; or 14
(2) Deny or refuse to accept an application for life insurance 15
coverage or an annuity contract, refuse to renew, cancel, rescind, 16
restrict or otherwise terminate a life insurance policy or annuity 17
contract, or make any distinction or discrimination between 18
individuals as to the premiums or rates charged for life insurance 19
policies or in the dividends and other benefits payable on such policies 20
and annuity contracts in this state on the basis of genetic information. 21
Sec. 2. Subdivision (9) of section 38a-816 of the general statutes is 22
repealed and the following is substituted in lieu thereof (Effective 23
October 1, 2019): 24
(9) Any violation of any one of sections 38a-358, 38a-446, 38a-447, 25
38a-488, 38a-825, 38a-826, 38a-828, [and] 38a-829 and section 1 of this 26
act. None of the following practices shall be considered discrimination 27
within the meaning of section 38a-446 or 38a-488 or a rebate within the 28
meaning of section 38a-825: (A) Paying bonuses to policyholders or 29
otherwise abating their premiums in whole or in part out of surplus 30
accumulated from nonparticipating insurance, provided any such 31
bonuses or abatement of premiums shall be fair and equitable to 32
policyholders and for the best interests of the company and its 33
policyholders; (B) in the case of policies issued on the industrial debit 34
plan, making allowance to policyholders who have continuously for a 35
specified period made premium payments directly to an office of the 36
insurer in an amount which fairly represents the saving in collection 37
expense; and (C) readjustment of the rate of premium for a group 38
insurance policy based on loss or expense experience, or both, at the 39
end of the first or any subsequent policy year, which may be made 40
retroactive for such policy year. 41
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2019 New section Raised Bill No. 7262
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Sec. 2 October 1, 2019 38a-816(9)
INS Joint Favorable