SF3989

Purpose

• The bill aims to protect people from being discriminated against by certain insurers based on genetic information. It applies to long-term care, life, and disability insurers and includes changes to how genetic data can be used in underwriting, pricing, and coverage decisions.

Main Provisions

• Prohibitions on using genetic information:

  • Insurers are not allowed to deny, cancel, limit, or set different premium rates for a person or their family member based solely on genetic information.
  • Insurers may not require, request, or coerce genetic testing (including full genomic sequencing) as a prerequisite for coverage renewal or pricing.

• Exceptions and consent requirements:

  • Insurers may access or use existing health information, including genetic information already in a person’s medical records, if the person gives prior written consent. This consent must be presented separately from any other authorization to release medical records.
  • An insurer cannot deny or refuse to issue or renew a policy because the person did not provide consent or because a medical diagnosis (even if based on genetic testing) appears in the medical record.

• Definitions (key terms defined in the bill):

  • Genetic information: information derived from a genetic test.
  • Genetic test: a presymptomatic test of genes, gene products, or chromosomes to determine presence or absence of gene(s) that cause or are associated with a disease, including carrier status; excludes tests like cholesterol tests not aimed at determining gene presence.
  • Health plan and health plan company: defined per existing Minnesota statutes.
  • Insurer: includes providers offering long-term care insurance, life insurance, or disability insurance.
  • Individual: a person applying for coverage or already covered.
  • The bill also notes life insurance can include policies offered by a fraternal benefit society.

• Structural changes to existing law:

  • The bill amends Minnesota Statutes 2024 section 72A.139 subdivision 2 and creates new section 72A.1391 (Use of Genetic Information) with the prohibitions and requirements described.
  • It repeals Minnesota Statutes 2024 section 72A.139 subdivisions 4, 5, 6, and 7, replacing them with the new framework.

Significant Changes to Existing Law

• Adds explicit protections against using genetic information for underwriting and pricing in certain types of insurance (long-term care, life, disability).
• Eliminates prior subdivisions that may have governed other aspects of genetic information use, and replaces them with a unified set of protections and consent requirements in a new section.
• Establishes a clear rule that consent for using health or genetic information must be separate and that existing medical information can be used only with prior written consent.

Practical Impact (plain-language summary)

• Consumers cannot be charged higher premiums or be denied coverage just because of genetic information.
• Insurers cannot force people to take genetic tests to get or keep coverage.
• If an insurer wants to use genetic information from medical records, the person must sign consent that is separate from other forms; without this consent, the insurer cannot use that information to affect coverage.
• If a person’s medical record shows a diagnosis that came from genetic testing, the insurer cannot use that diagnosis to deny or cancel coverage simply because the test existed or was performed.

Relevant terms - genetic information - genetic test - presymptomatic test - carrier status - health plan - health plan company - insurer - long-term care insurance - life insurance - disability insurance - underwriting - premium rates - precondition of coverage renewal or pricing - consent - prior written consent - separate consent - medical records - existing health information - denial/cancel/limit or differential premium based on genetic information - 72A.139 - 72A.1391 - fraternal benefit society