101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2189

 

Introduced , by Rep. Natalie A. Manley

 

SYNOPSIS AS INTRODUCED:
 
410 ILCS 513/20

    Amends the Genetic Information Privacy Act. Provides that long-term care and life insurance policies are among those for which an insurer may not seek information derived from genetic testing. Removes language specifying that a provision prohibiting an insurer from using or disclosing protected health information that is genetic information for underwriting purposes does not apply to insurers issuing long-term care policies.


LRB101 06626 CPF 51653 b

 

 

A BILL FOR

 

HB2189LRB101 06626 CPF 51653 b

1    AN ACT concerning health.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Genetic Information Privacy Act is amended
5by changing Section 20 as follows:
 
6    (410 ILCS 513/20)
7    Sec. 20. Use of genetic testing information for insurance
8purposes.
9    (a) An insurer may not seek information derived from
10genetic testing for use in connection with a policy of accident
11and health, long-term care, or life insurance. Except as
12provided in subsection (c), an insurer that receives
13information derived from genetic testing, regardless of the
14source of that information, may not use the information for a
15nontherapeutic purpose as it relates to a policy of accident
16and health, long-term care, or life insurance.
17    (b) An insurer shall not use or disclose protected health
18information that is genetic information for underwriting
19purposes. For purposes of this Section, "underwriting
20purposes" means, with respect to an insurer:
21        (1) rules for, or determination of, eligibility
22    (including enrollment and continued eligibility) for, or
23    determination of, benefits under the plan, coverage, or

 

 

HB2189- 2 -LRB101 06626 CPF 51653 b

1    policy (including changes in deductibles or other
2    cost-sharing mechanisms in return for activities such as
3    completing a health risk assessment or participating in a
4    wellness program);
5        (2) the computation of premium or contribution amounts
6    under the plan, coverage, or policy (including discounts,
7    rebates, payments in kind, or other premium differential
8    mechanisms in return for activities, such as completing a
9    health risk assessment or participating in a wellness
10    program);
11        (3) the application of any pre-existing condition
12    exclusion under the plan, coverage, or policy; and
13        (4) other activities related to the creation, renewal,
14    or replacement of a contract of health insurance or health
15    benefits.
16    "Underwriting purposes" does not include determinations of
17medical appropriateness where an individual seeks a benefit
18under the plan, coverage, or policy.
19    This subsection (b) does not apply to insurers that are
20issuing a long-term care policy, excluding a nursing home fixed
21indemnity plan.
22    (c) An insurer may consider the results of genetic testing
23in connection with a policy of accident and health, long-term
24care, or life insurance if the individual voluntarily submits
25the results and the results are favorable to the individual.
26    (d) An insurer that possesses information derived from

 

 

HB2189- 3 -LRB101 06626 CPF 51653 b

1genetic testing may not release the information to a third
2party, except as specified in this Act.
3(Source: P.A. 98-1046, eff. 1-1-15.)