FIRST REGULAR SESSION SENATE BILL NO. 406 103RD GENERAL ASSEMBLY INTRODUCED BY SENATOR MOSLEY. 0041S.01I KRISTINA MARTIN, Secretary AN ACT To amend chapter 376, RSMo, by adding thereto one new section relating to insurance coverage of genetic screenings for cancer risk. Be it enacted by the General Assembly of the State of Missouri, as follows: Section A. Chapter 376, RSMo, is a mended by adding thereto 1 one new section, to be known as section 376.1260, to read as 2 follows:3 376.1260. 1. As used in this section, the following 1 terms mean: 2 (1) "Cost-sharing requirement", any deductible, 3 coinsurance, co-payment, or maximum limitation on the 4 application of such deductible, coinsurance, co -payment, or 5 similar out-of-pocket expense; 6 (2) "Genetic counseling", the provision of services to 7 individuals, couples, families, and organizations by one or 8 more appropriately trained individuals to address the 9 physical and psychological issues associated with the 10 occurrence or risk of occurrence of a genetic disorder, 11 birth defect, or genetically influenced condition or disease 12 in an individual or a family; 13 (3) "Health benefit plan", the same meaning as is 14 ascribed to such term in section 376.1350; 15 (4) "Health carrier", the same meaning as is ascribed 16 to such term in section 376.1350. 17 SB 406 2 2. Each health benefit plan delivered, issued for 18 delivery, continued or renewed on or after January 1, 2025, 19 shall provide coverage for BRCA -related genetic counseling 20 and genetic testing provided by an individual certified by 21 an accrediting body, recognized by the department of 22 commerce and insurance, to provide geneti c counseling and 23 genetic testing. The coverage required under this section 24 shall include all costs associated with genetic counseling 25 and, if indicated after genetic counseling, a genetic 26 laboratory test of the BRCA1 and BRCA2 genes for individuals 27 assessed to be at an increased risk, based on a clinical 28 risk assessment tool, of potentially harmful mutations in 29 the BRCA1 or BRCA2 genes due to a personal or family history 30 of breast or ovarian cancer. 31 3. No health benefit plan or health carrier shall 32 consider, or request approval to consider, the results of 33 any genetic testing or the provision of genetic counseling 34 provided in accordance with this section in determining 35 eligibility for coverage, establishing premiums, limiting 36 coverage, renewing coverage, or any other underwriting 37 decision. A violation of this subsection shall constitute a 38 violation of section 375.1303. 39 4. No health benefit plan shall impose any cost - 40 sharing requirement with respect to coverage required under 41 this section. If application of this section would result 42 in health savings account ineligibility under Section 223 of 43 the Internal Revenue Code of 1986, as amended, this section 44 shall apply to health savings account -qualified high 45 deductible health plans with respect to any cost -sharing 46 under the plans only after an enrollee has satisfied the 47 minimum deductible under Section 223, except with respect to 48 items or services that are preventive care under Section 49 SB 406 3 223(c)(2)(C) of the Internal Revenue Code o f 1986, as 50 amended, in which case the requirements of this section 51 shall apply regardless of whether the minimum deductible 52 under Section 223 has been satisfied. 53