HLS 21RS-2258 REENGROSSED
2021 Regular Session
HOUSE BILL NO. 703 (Substitute for House Bill No. 455 by Representative DuBuisson)
BY REPRESENTATIVE DUBUISSON
INSURANCE/LIFE: Provides relative to the use of genetic information in underwriting for
life and long-term care insurance
1 AN ACT
2To enact R.S. 22:918, relative to the use of genetic testing in underwriting for life and
3 long-term care insurance and annuities policies; to generally prohibit insurers from
4 considering or requiring genetic research and testing in underwriting decisions for
5 life and long-term care insurance and annuities policies; to provide for definitions;
6 and to provide for related matters.
7Be it enacted by the Legislature of Louisiana:
8 Section 1. R.S. 22:918 is hereby enacted to read as follows:
9 ยง918. Prohibited discrimination; genetic information derived from participation in
10 genetic or clinical research; definitions
11 A. As used in this Section, the following definitions apply:
12 (1) "DNA" means deoxyribonucleic acid including mitochondrial DNA and
13 complementary DNA, as well as any DNA derived from ribonucleic acid (RNA).
14 (2) "Family member" means an individual's blood relatives.
15 (3) "Genetic information" means information derived from genetic testing
16 to determine the presence or absence of variations or mutations, including carrier
17 status, in an individual's genetic material or genes that are scientifically or medically
18 believed to cause a disease, disorder or syndrome, or are associated with a
19 statistically increased risk of developing a disease, disorder, or syndrome which is
20 asymptomatic at the time of testing. The term "genetic information" does not include
21 information about an individual's sex, age, or family history.
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1 (4) "Genetic services" means a genetic test or genetic counseling, including
2 obtaining, interpreting, or assessing genetic information, or genetic education.
3 (5) "Genetic test" means an analysis of human DNA, RNA, or chromosomes
4 that detects genotypes, mutations, or chromosomal changes. "Genetic test" does not
5 include routine physical examinations or chemical, blood, or urine analysis,
6 questions regarding family history, or any test performed due to the presence of
7 signs, symptoms, or other manifestations of a disease, illness, impairment, or other
8 disorder.
9 (6) "Individual" means an applicant for coverage or a person already covered
10 by an insurer.
11 (7) "Insurer" means an authorized insurer as defined by R.S. 22:46 engaged
12 in the business of making life insurance policies, long-term care insurance policies,
13 or annuity contracts including a group insurance plan, or insurance agents and
14 third-party administrators.
15 B. An insurer, in determining eligibility for coverage, establishing premiums,
16 limiting coverage, or making any other underwriting decisions, shall not do either
17 of the following:
18 (1) Take into consideration the fact that an individual or a family member
19 of the individual participated in genetic research, including any request for or receipt
20 of genetic services or participation by an individual or family member in clinical
21 research that includes genetic services, unless the results of that genetic research are
22 included in the individual's medical record or provided by the individual for
23 consideration by the insurer.
24 (2) Require or request an individual or a family member of the individual to
25 take a genetic test.
26 C. An insurer shall not do any of the following:
27 (1) Cancel or refuse to renew an existing policy based on the fact that an
28 individual or a family member of the individual requested or received genetic
29 services.
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1 (2) Cancel or refuse to renew an existing policy based on the fact that an
2 individual or a family member of the individual participated in genetic research,
3 including clinical research that includes genetic services.
4 (3) Purchase genetic information about an individual without the individual's
5 written consent.
6 D. Nothing in this Section shall be construed as preventing an insurer from
7 doing any of the following:
8 (1) Accessing an individual's medical record as part of the application
9 process.
10 (2) Establishing rules for eligibility for an individual to enroll in insurance
11 coverage based on the manifestation of a disease or disorder in that individual.
12 (3) Adjusting premium or contribution amounts for an individual based on
13 the manifestation of a disease or disorder in that individual.
14 (4) Increasing the premium for an employer based on the manifestation of
15 a disease or disorder in an individual enrolled in a group plan.
16 (5) Considering genetic information contained in an applicant's medical
17 record if the information is relevant to a potential medical condition that impacts
18 mortality or morbidity, and consideration of the genetic information is based on
19 sound actuarial principles or reasonably expected experience.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 703 Reengrossed 2021 Regular Session DuBuisson
Abstract: Generally prohibits an insurer's use of genetic information and genetic testing
relative to underwriting purposes of life and long-term care insurance policies and
annuities contracts.
Proposed law defines "DNA", "family member", "genetic information", "genetic services",
"genetic test", "individual", and "insurer".
Proposed law generally prohibits an insurer offering life and long-term care insurance
policies, or annuities contracts including group plans, from considering an individual's or the
individual's family member's participation in genetic research for underwriting purposes,
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unless the results of that genetic research are included in the individual's medical record
provided by the individual for consideration by the insurer.
Proposed law prohibits an insurer's requests for or receipts of genetic services or clinical
research, and prohibits an insurer from requiring or requesting individuals or family
members to take a genetic test.
Proposed law prohibits an insurer from cancelling or refusing to renew an existing policy
based on the fact that an individual or the individual's family member requested or received
genetic services, or on the fact that an individual or the individual's family member
participated in genetic research, including clinical research that includes genetic services.
Proposed law prohibits an insurer's purchase of an individual's genetic information without
the individual's written consent.
Proposed law, under certain circumstances, does not prevent an insurer from certain actions
related to accessing an individual's medical records for application processes, establishing
rules for eligibility for enrollment, adjusting premium or contribution amounts, increasing
premiums for employers, and considering genetic information relevant to a potential medical
condition that impacts mortality or morbidity, when such consideration is based on sound
actuarial principles or reasonably expected experience.
(Adds R.S. 22:918)
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are additions.