Maryland 2025 Regular Session

Maryland Senate Bill SB757 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3	3		EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4	4		[Brackets] indicate matter deleted from existing law.
5		-	Underlining indicates amendments to bill.
6		-	Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7		-	amendment.
8	5		sb0757
9	6
10	7		SENATE BILL 757
11	8		C4, J1 5lr2660
12	9		SB 142/24 – FIN CF HB 1007
13	10		By: Senator A. Washington
14	11		Introduced and read first time: January 27, 2025
15	12		Assigned to: Finance
16		-	Committee Report: Favorable with amendments
17		-	Senate action: Adopted with floor amendments
18		-	Read second time: March 18, 2025
19	13
20		-	~~CHAPTER ______~~
	14	+	A BILL ENTITLED
21	15
22	16		AN ACT concerning 1
23	17
24	18		Genetic Testing – Prohibition on Disability, Life, and Long–Term Care 2
25	19		Insurance 3
26		-	Disability and Life Insurance – Medical Information 4
27		-	(Genetic Testing Protection Act) 5
	20	+	(Genetic Testing Protection Act) 4
28	21
29		-	FOR the purpose of prohibiting insurance carriers that offer life insurance, long–term care 6
30		-	insurance, or disability insurance policies or contracts from taking certain actions 7
31		-	relating to coverage based on whether an applicant or a policy or contract holder has 8
32		-	requested or undergone genetic testing or the results of the genetic testing; unfairly 9
33		-	discriminating against an individual by taking certain actions relating to coverage 10
34		-	based on medical information; prohibiting certain carriers from accessing sensitive 11
35		-	medical information without first obtaining written consent or mandating certain 12
36		-	genetic testing or full genome sequencing for a certain purpose; and generally 13
37		-	relating to genetic testing life and disability insurance. 14
	22	+	FOR the purpose of prohibiting insurance carriers that offer life insurance, long–term care 5
	23	+	insurance, or disability insurance policies or contracts from taking certain actions 6
	24	+	relating to coverage based on whether an applicant or a policy or contract holder has 7
	25	+	requested or undergone genetic testing or the results of the genetic testing; and 8
	26	+	generally relating to genetic testing. 9
38	27
39		-	BY adding to 15
40		-	Article – Insurance 16
41		-	Section 27–909.1 17
42		-	Annotated Code of Maryland 18
43		-	(2017 Replacement Volume and 2024 Supplement) 19
	28	+	BY adding to 10
	29	+	Article – Insurance 11
	30	+	Section 27–909.1 12
	31	+	Annotated Code of Maryland 13
	32	+	(2017 Replacement Volume and 2024 Supplement) 14
44	33
45		-	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
46		-	That the Laws of Maryland read as follows: 21
	34	+	SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
	35	+	That the Laws of Maryland read as follows: 16
47	36
48		-	Article – Insurance 22 2 SENATE BILL 757
	37	+	Article – Insurance 17
	38	+
	39	+	27–909.1. 18
	40	+
	41	+	(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 19
	42	+	INDICATED. 20
	43	+
	44	+	(2) “GENE PRODUCT ” MEANS THE BIOCHEMICA L MATERIAL, EITHER 21
	45	+	RNA OR PROTEIN, MADE BY A GENE . 22
	46	+
	47	+	(3) (I) “GENETIC INFORMATION ” MEANS INFORMAT ION: 23 2 SENATE BILL 757
49	48
50	49
51	50
52		-	27–909.1. 1
	51	+	1. DERIVED FROM A GENET IC TEST ABOUT 1
	52	+	CHROMOSOMES , GENES, OR GENE PRODUCTS THA T MAY DERIVE FROM AN 2
	53	+	INDIVIDUAL OR A FAMI LY MEMBER; 3
53	54
54		-	~~(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS~~ 2
55		-	~~INDICATED. 3~~
	55	+	2. NOT OBTAINED FOR DIA GNOSTIC OR THERAPEUT IC 4
	56	+	PURPOSES; AND 5
56	57
57		-	(2) “GENE PRODUCT ” MEANS THE BIOCHEMICA L MATERIAL, EITHER 4
58		-	RNA OR PROTEIN, MADE BY A GENE . 5
	58	+	3. OBTAINED AT A TIME W HEN THE INDIVIDUAL T O 6
	59	+	WHOM THE INFORMATION R ELATES IS ASYMPTOMAT IC FOR THE DISEASE , 7
	60	+	DISORDER, ILLNESS, OR IMPAIRMENT TO WHI CH THE INFORMATION R ELATES. 8
59	61
60		-	(~~3) (I~~) “GENETIC INFORMATION ” ~~MEANS INFORMATION~~ : 6
	62	+	(II) “GENETIC INFORMATION ” DOES NOT INCLUDE : 9
61	63
62		-	1. DERIVED FROM A GENET IC TEST ABOUT 7
63		-	CHROMOSOMES , GENES, OR GENE PRODUCTS THA T MAY DERIVE FROM AN 8
64		-	INDIVIDUAL OR A FAMI LY MEMBER; 9
	64	+	1. ROUTINE PHYSICAL MEA SUREMENTS ; 10
65	65
66		-	2. ~~NOT OBTAINED FOR DIA GNOSTIC OR THERAPEUT IC 10~~
67		-	~~PURPOSES;~~ AND 11
	66	+	2. CHEMICAL, BLOOD, AND URINE ANALYSES T HAT ARE 11
	67	+	WIDELY ACCEPTED AND IN USE IN CLINICAL P RACTICE; 12
68	68
69		-	3. OBTAINED AT A TIM E WHEN THE INDIVIDUA L TO 12
70		-	WHOM THE INFORMATION RELATES IS ASYMPTOMA TIC FOR THE DISEASE , 13
71		-	DISORDER, ILLNESS, OR IMPAIRMENT TO WHI CH THE INFORMATION R ELATES. 14
	69	+	3. TESTS FOR USE OF DRU GS; 13
72	70
73		-	(II) “GENETIC INFORMATION ” DOES NOT INCLUDE : 15
	71	+	4. TESTS FOR THE PRESEN CE OF THE HUMAN 14
	72	+	IMMUNODEFICIENCY VIR US; OR 15
74	73
75		-	1. ROUTINE PHYSICAL MEA SUREMENTS ; 16
	74	+	5. FAMILY MEDICAL HISTO RY, EXCEPT FOR FAMILY 16
	75	+	GENETICS AS THEY RELATE TO A GENETIC TEST DESCR IBED IN SUBPARAGRAPH (I)1 17
	76	+	OF THIS PARAGRAPH . 18
76	77
77		-	2. CHEMICAL, BLOOD, AND URINE ANALYSES T HAT ARE 17
78		-	WIDELY ACCEPTED AND IN USE IN CLINICAL P RACTICE; 18
	78	+	(4) “GENETIC SERVICES ” MEANS HEALTH SERVICE S THAT ARE 19
	79	+	PROVIDED TO OBTAIN , ASSESS, OR INTERPRET GENETIC INFORMATION OR THE 20
	80	+	RESULTS OF GENETIC T ESTS. 21
79	81
80		-	3. TESTS FOR USE OF DRU GS; 19
	82	+	(5) “GENETIC TEST” MEANS AN ANALYSIS OF HUMAN DNA, RNA, 22
	83	+	CHROMOSOMES , PROTEINS, OR METABOLITES THAT DETECTS GENOTYPES , 23
	84	+	MUTATIONS, OR CHROMOSOMAL CHANG ES. 24
81	85
82		-	~~4. TESTS FOR THE PRESEN CE OF THE HUMAN 20~~
83		-	~~IMMUNODEFICIENCY VIR US;~~ ~~OR 21~~
	86	+	(6) “INSURANCE CARRIER ” MEANS A COMPANY AUTH ORIZED TO SELL 25
	87	+	INSURANCE POLICIES I N THE STATE. 26
84	88
85		-	5. FAMILY MEDICAL HISTO RY, EXCEPT FOR FAMILY 22
86		-	GENETICS AS THEY RELATE TO A GEN ETIC TEST DESCRIBED IN SUBPARAGRAPH (I)1 23
87		-	OF THIS PARAGRAPH . 24
88		-
89		-	(4) “GENETIC SERVICES ” MEANS HEALTH SERVICE S THAT ARE 25
90		-	PROVIDED TO OBTAIN , ASSESS, OR INTERPRET GENETIC INFORMATION OR THE 26
91		-	RESULTS OF GENETIC T ESTS. 27
	89	+	(B) (1) THIS SECTION APPLIES ONLY TO LI FE INSURANCE , LONG–TERM 27
	90	+	CARE INSURANCE , AND DISABILITY INSUR ANCE POLICIES OR CON TRACTS. 28
92	91		SENATE BILL 757 3
93	92
94	93
95		-	~~(5)~~ (2) ~~“GENETIC TEST”~~ ~~MEANS~~ AN ~~ANALYSIS OF HUMAN DNA,~~ 1
96		-	~~RNA~~, ~~CHROMOSOMES , PROTEINS~~, OR ~~METABOLITES THAT DETECTS GENOTYPES~~ , 2
97		-	~~MUTATIONS,~~ OR ~~CHROMOSOMAL CHANG ES.~~ 3
	94	+	(2) THIS SECTION DOES NOT PROHIBIT AN INSURANC E CARRIER THAT 1
	95	+	OFFERS, ISSUES, OR DELIVERS A LIFE I NSURANCE, LONG–TERM CARE INSURANCE , 2
	96	+	OR DISABILITY INSURANCE POLICY O R CONTRACT IN THE STATE FROM: 3
98	97
99		-	(6) ~~(3) “INSURANCE~~ ~~CARRIER ” MEANS A COMPANY AUTH ORIZED~~ 4
100		-	~~TO SELL INSURANCE PO LICIES IN~~ THE ~~STATE.~~ 5
	98	+	(I) ACCESSING AN APPLICA NT’S MEDICAL RECORD AS PART OF 4
	99	+	THE APPLICATION PROC ESS; OR 5
101	100
102		-	(B) (1) THIS SECTION APPLIES ONLY T O LIFE INSURANCE , LONG–TERM 6
103		-	CARE INSURANCE , AND DISABILITY INSUR ANCE POLICIES OR CON TRACTS. 7
	101	+	(II) CONSIDERING A MEDICA L DIAGNOSIS INCLUDED IN AN 6
	102	+	INDIVIDUAL’S MEDICAL RECORD , EVEN IF THE DIAGNOSI S WAS BASED ON THE 7
	103	+	RESULTS OF A GENETIC TEST. 8
104	104
105		-	(2) ~~THIS SECTION DOES NOT PROHIBIT~~ AN ~~INSURANC E~~ CARRIER THAT 8
106		-	~~OFFERS, ISSUES, OR DELIVERS A~~ LIFE ~~I NSURANCE~~, LONG–TERM CARE INSURANCE , 9
107		-	~~OR DISABILITY INSURANCE POLI CY~~ OR CONTRACT ~~IN TH E~~ STATE ~~FROM~~: 10
	105	+	(C) (1) AN INSURANCE CARRIER THAT OFFERS , ISSUES, OR DELIVERS A 9
	106	+	LIFE INSURANCE , LONG–TERM CARE INSURANCE , OR DISABILITY INSURA NCE 10
	107	+	POLICY OR CONTRACT I N THE STATE MAY NOT: 11
108	108
109		-	(I) ~~ACCESSING~~ AN ~~APPLICA NT’S MEDICAL RECORD AS PART OF 11~~
110		-	~~THE APPLICATION PROC ESS;~~ OR 12
	109	+	(I) DENY OR LIMIT COVERA GE BASED ON WHETHER AN 12
	110	+	APPLICANT OR A POLIC Y OR CONTRACT HOLDER HAS UNDERGONE A GENE TIC TEST; 13
111	111
112		-	(II) CONSIDERING A MEDICA L DIAGNOSIS INCLUDED IN AN 13
113		-	INDIVIDUAL’S MEDICAL RECORD , EVEN IF THE DIAGNOSI S WAS BASE D ON THE 14
114		-	RESULTS OF A GENETIC TEST. 15
	112	+	(II) PROHIBIT, AS A CONDITION OF CO NTINUING COVERAGE , A 14
	113	+	POLICY OR CONTRACT H OLDER FROM UNDERGOIN G A GENETIC TEST; OR 15
115	114
116		-	(C) (1) AN EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS 16
117		-	SUBSECTION AND SUBJE CT TO PARAGRAPH (3) OF THIS SUBSECTION , AN 17
118		-	INSURANCE CARRIER TH AT OFFERS, ISSUES, OR DELIVERS A LIFE I NSURANCE, 18
119		-	LONG–TERM CARE INSURANCE , OR DISABILITY INSURA NCE POLICY OR CONTRA CT IN 19
120		-	THE STATE MAY NOT : UNFAIRLY DISCRIMINAT E AGAINST AN INDIVID UAL BY 20
121		-	CONDITIONING INSURAN CE RATES, THE PROVISION OR REN EWAL OF INSURANCE 21
122		-	COVERAGE, OR OTHER CONDITIONS OF INSURANCE BASED O N MEDICAL 22
123		-	INFORMATION , INCLUDING THE RESULTS OF A GENETIC TEST FO R WHICH THERE IS 23
124		-	NOT A RELATIONSHIP B ETWEEN THE MEDICAL I NFORMATION AND THE C OST OF THE 24
125		-	INSURANCE RISK THAT THE INSURER WOULD AS SUME BY INSURING THE APPLICANT. 25
	115	+	(III) USE A GENETIC TEST , THE RESULTS OF A GEN ETIC TEST, 16
	116	+	GENETIC INFORMATION , OR A REQUEST FOR GEN ETIC SERVICES TO REJ ECT, DENY, 17
	117	+	LIMIT, CANCEL, REFUSE TO RENEW , INCREASE THE RATES O F, AFFECT THE TERMS 18
	118	+	OR CONDITIONS OF , OR OTHERWISE AFFECT A LIFE INSURANCE , LONG–TERM CARE 19
	119	+	INSURANCE, OR DISABILITY INSURA NCE POLICY OR CONTRACT . 20
126	120
127		-	(2) ~~IN DEMONSTRATING~~ THE ~~RELATIONSHIP DESCRIB ED IN 26~~
128		-	~~PARAGRAPH (1)~~ OF ~~THIS SUBSECTION , THE INSURER MAY RELY ON ACTUARIALLY 27~~
129		-	~~SOUND PRINCIPLES OR ACTUAL OR REASONABLY ANTICIPATED EXPERIEN CE~~. 28
	121	+	(2) THE INSURANCE CARRIER , APPLICANT, OR POLICY OR CONTRAC T 21
	122	+	HOLDER MAY NOT CHANG E, WAIVE, DISCHARGE, OR TERMINATE THE PRO VISIONS OF 22
	123	+	PARAGRAPH (1) OF THIS SUBSECTION U NDER ANY CIRCUMSTANC ES. 23
130	124
131		-	(3) AN ~~INSURANCE CARRIER THAT OFFERS , ISSUES,~~ ~~OR DELIVERS A 29~~
132		-	~~LIFE INSURANCE~~ OR ~~DI SABILITY INSURANCE P OLICY OR CONTRACT IN~~ THE ~~STATE 30~~
133		-	~~MAY NOT:~~ 31
	125	+	(D) THE COMMISSIONER MAY ISSU E AN ORDER UNDER §§ 4–113 AND 4–114 24
	126	+	OF THIS ARTICLE OR §§ 27–501 AND 27–505 OF THIS TITLE IF THE COMMISSIONER 25
	127	+	FINDS A VIOLATION OF THIS SECTION. 26
134	128
135		-	(I) ACCESS SENSITIVE MED ICAL INFORMATION , INCLUDING 32
136		-	THE GENETIC DATA OF AN INDIVIDUAL , WITHOUT FIRST OBTAIN ING THE 33
137		-	INDIVIDUAL’S SIGNED, WRITTEN CONSENT ; OR 34
138		-	4 SENATE BILL 757
	129	+	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 27
	130	+	October 1, 2025. 28
139	131
140	132
141		-	(II) MANDATE EXISTING OR NEW GENETIC TESTING OR F ULL 1
142		-	GENOME SEQUENCING A S A PREREQUISITE FOR LIFE INSURANCE OR DI SABILITY 2
143		-	INSURANCE ELIGIBILIT Y OR COVERAGE . 3
144		-
145		-	(I) DENY OR LIMIT COVERA GE BASED ON WHETHER AN 4
146		-	APPLICANT OR A POLIC Y OR CONTRACT HOLDER HAS UNDERGONE A GENE TIC TEST; 5
147		-
148		-	(II) PROHIBIT, AS A CONDITION OF CO NTINUING COVERAGE, A 6
149		-	POLICY OR CONTRACT H OLDER FROM UNDERGOIN G A GENETIC TEST; OR 7
150		-
151		-	(III) USE A GENETIC TEST , THE RESULTS OF A GEN ETIC TEST, 8
152		-	GENETIC INFORMATION , OR A REQUEST FOR GEN ETIC SERVICES TO REJ ECT, DENY, 9
153		-	LIMIT, CANCEL, REFUSE TO RENEW , INCREASE THE RATES OF, AFFECT THE TERMS 10
154		-	OR CONDITIONS OF , OR OTHERWISE AFFECT A LIFE INSURANCE , LONG–TERM CARE 11
155		-	INSURANCE, OR DISABILITY INSURA NCE POLICY OR CONTRA CT. 12
156		-
157		-	(2) (4) THE INSURANCE CARRIER , APPLICANT, OR POLICY OR 13
158		-	CONTRACT HOLDER MAY NOT CHANGE, WAIVE, DISCHARGE, OR TERMINATE THE 14
159		-	PROVISIONS OF PARAGR APH (1) (3)(II) OF THIS SUBSECTION U NDER ANY 15
160		-	CIRCUMSTANCES . 16
161		-
162		-	(D) THE COMMISSIONER MAY ISSU E AN ORDER UNDER §§ 4–113 AND 4–114 17
163		-	OF THIS ARTICLE OR §§ 27–501 AND 27–505 OF THIS TITLE IF THE COMMISSIONER 18
164		-	FINDS A VIOLATION OF THIS SECTION. 19
165		-
166		-	SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 20
167		-	October 1, 2025. 21
168		-
169		-
170		-
171		-
172		-	Approved:
173		-	________________________________________________________________________________
174		-	Governor.
175		-	________________________________________________________________________________
176		-	President of the Senate.
177		-	________________________________________________________________________________
178		-	Speaker of the House of Delegates.