GENETIC INFORMATION PRIVACY
The amendments made by SB0068 establish a significant precedent in how genetic data is handled by insurance companies, thereby strengthening protections against genetic discrimination in the insurance sector. Insurers can still access an individual's medical records during application reviews; however, they are restricted from using genetic predispositions in their underwriting processes. This change is seen as a landmark in safeguarding individual rights and health privacy, particularly for those concerned about their genetic tests influencing their insurance outcomes.
SB0068 aims to amend the Genetic Information Privacy Act by removing exemptions for long-term care insurance policies regarding the usage of genetic information. This bill prohibits health insurers, life insurers, and long-term care insurers from utilizing an individual's genetic information to cancel, limit, deny coverage, or establish differing premium rates. Moreover, insurers are not allowed to solicit genetic information or utilize an individual's genetic test results in any context relating to insurance policies, effective from January 1, 2024.
Debate around this bill may arise particularly concerning the balance between necessary risk assessments for insurers and individual privacy rights. Some stakeholders may argue that while the intentions of the bill promote equity and non-discrimination, insurers require certain information to adequately evaluate risk and affordability, which they believe lawful access to genetic information could provide. Additionally, concerns may also be raised about loopholes in enforcement or any unintended consequences this legislation may bring in terms of market behavior among insurers.