Delaware 2023-2024 Regular Session

Delaware House Bill HB286

Introduced
3/13/24  
Engrossed
3/19/24  
Introduced
3/13/24  
Engrossed
3/19/24  
Enrolled
6/20/24  
Refer
3/19/24  
Enrolled
6/25/24  
Enrolled
6/20/24  
Enrolled
6/25/24  

Caption

An Act To Amend Title 18 Of The Delaware Code Relating To Genetics Based Discrimination.

Impact

If passed, HB286 would significantly influence state laws by enacting protections against discrimination based on genetic data. It establishes clear definitions for genetic characteristics, information, and tests while encompassing provisions that disallow insurers from requiring genetic tests or analyzing genetic information obtained directly from consumers without consent. This change reflects growing awareness of genetic privacy issues and the potential for misuse of genetic information in commercial contexts.

Summary

House Bill 286, also known as 'The Ericka Byler Act', seeks to amend Title 18 of the Delaware Code to prohibit genetics-based discrimination in health and life insurance. The bill specifically aims to prevent insurance companies from denying coverage or charging higher premiums based solely on genetic characteristics or information obtained from genetic tests. This legislation is designed to protect individuals who may have a predisposition to certain diseases or conditions, ensuring that their genetic makeup does not adversely affect their insurance outcomes.

Sentiment

The sentiment around the bill is largely supportive among advocates for consumer rights and anti-discrimination groups, who view it as a critical step towards ensuring fair treatment for individuals with genetic predispositions. However, there may be concerns regarding how this legislation might affect underwriting practices and the insurance industry at large, particularly in terms of balancing risk assessment and consumer protection.

Contention

Notable points of contention may arise from potential impacts on the insurance market, particularly regarding life insurance and how insurers will navigate the limitations imposed by the bill. While the intent is to prevent discrimination, insurance providers could argue that genetic information is essential for appropriately assessing risk and determining premium rates. Hence, discussions around HB286 highlight a tension between protecting individual rights and maintaining the financial viability of insurance products.

Companion Bills

No companion bills found.

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