REPORT TITLE:
Genetic Information


DESCRIPTION:
Prohibits long-term care insurers from requesting or requiring
genetic testing.  Prohibits the underwriting of a long-term
insurance policy based on genetic information unless a certified
genetics professional confirms the risks to the individual.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            463         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO GENETIC INFORMATION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 431:10A-521, Hawaii Revised Statutes, is
 
 2 amended by adding two new definitions to be appropriately
 
 3 inserted and to read as follows:
 
 4      ""Board certified genetics professional" means a person who
 
 5 has board certification from the American Board of Medical
 
 6 Genetics or the American Board of Genetic Counseling.
 
 7      "Genetic testing" means any laboratory test of human DNA,
 
 8 RNA, or chromosomes that is used to identify the presence or
 
 9 absence of alterations in genetic material which may be
 
10 associated with disease or illness."
 
11      SECTION 2.  Section 431:10A-118, Hawaii Revised Statutes, is
 
12 amended by amending subsection (c) to read as follows:
 
13      "(c)  This section shall not apply to any action taken in
 
14 connection with policies of life insurance[,] and disability
 
15 income insurance[, and long-term care insurance] delivered or
 
16 issued for delivery in this State."
 
17      SECTION 3.  Section 431:10A-524, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      "§431:10A-524  Policy standards.(a)  No long-term care
 
 2 insurance policy may:
 
 3      (1)  Be canceled, nonrenewed, or otherwise terminated on the
 
 4           grounds of the age or the deterioration of the mental
 
 5           or physical health of the insured individual or
 
 6           certificate holder;
 
 7      (2)  Contain a provision establishing a new waiting period
 
 8           in the event existing coverage is converted to or
 
 9           replaced by a new or other form within the same
 
10           company, except with respect to an increase in benefits
 
11           voluntarily selected by the insured individual or group
 
12           policyholder; or
 
13      (3)  Provide coverage for skilled nursing care only or
 
14           provide significantly more coverage for skilled nursing
 
15           care in a facility than coverage for lower levels of
 
16           care.
 
17      (b)  No long-term care insurance policy or certificate other
 
18 than a policy or certificate thereunder issued to a group meeting
 
19 the requirements of paragraph (1) of the definition of "group
 
20 long-term care insurance" shall use a definition of preexisting
 
21 condition which is more restrictive than the following:
 
22 "preexisting condition" means a condition for which medical
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 advice or treatment was recommended by or received from a
 
 2 provider of health care services within six months preceding the
 
 3 effective date of coverage of an insured person.
 
 4      (c)  No long-term care insurance policy or certificate other
 
 5 than a policy or certificate thereunder issued to a group meeting
 
 6 the requirements of paragraph (1) of the definition of "group
 
 7 long-term care insurance" may exclude coverage for a loss or
 
 8 confinement which is the result of a preexisting condition unless
 
 9 the loss or confinement begins within six months following the
 
10 effective date of coverage of an insured person.
 
11      (d)  The commissioner may extend the limitation periods in
 
12 subsections (b) and (c) as to specific age group categories in
 
13 specific policy forms upon findings that the extension is in the
 
14 best interest of the public.
 
15      (e)  The definition of "preexisting condition" does not
 
16 prohibit an insurer from using an application form designed to
 
17 elicit the complete health history of an applicant, and, on the
 
18 basis of the answers on that application, from underwriting in
 
19 accordance with that insurer's established underwriting
 
20 standards.  Unless otherwise provided in the policy or
 
21 certificate, a preexisting condition, regardless of whether it is
 
22 disclosed on the application or not, need not be covered until
 

 
 
 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 the waiting period described in subsection (c) expires.  No long-
 
 2 term care insurance policy or certificate may exclude or use
 
 3 waivers or riders of any kind to exclude, limit, or reduce
 
 4 coverage or benefits for specifically named or described
 
 5 preexisting diseases or physical conditions beyond the waiting
 
 6 period described in subsection (c).
 
 7      (f)  No long-term care insurer may:
 
 8      (1)  Request or require an individual or family member to
 
 9           undergo genetic testing to obtain a long-term care
 
10           policy or certificate; or
 
11      (2)  Underwrite a long-term care insurance policy or
 
12           certificate based on genetic information or genetic
 
13           test results unless the actual risks to the individual
 
14           are confirmed by a board-certified genetics
 
15           professional.  After such confirmation, the insurer may
 
16           apply established underwriting standards based on the
 
17           individual's risks."
 
18      SECTION 4.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 5.  This Act shall take effect upon its approval.
 
21 
 
22                           INTRODUCED BY:  _______________________