THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY READSHAW, CUTLER, SIPTROTH, CARROLL, FREEMAN, GIBBONS, W. KELLER, KORTZ, KULA, LONGIETTI, McGEEHAN, MELIO, MENSCH, MUNDY, MUSTIO, M. O'BRIEN, STABACK, VULAKOVICH AND YOUNGBLOOD, MARCH 10, 2009

REFERRED TO COMMITTEE ON STATE GOVERNMENT, MARCH 10, 2009  

AN ACT

Prohibiting discrimination in insurance coverage on the basis of

genetic information or a request for genetic services.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Genetic

Information Nondiscrimination in Insurance Act.

Section 2.  Declaration of policy.

The General Assembly finds and declares as follows:

(1)  New genetic discoveries have the potential to

improve medical care for many Pennsylvanians.

(2)  Legitimate medical uses of genetic testing are

beneficial and should be encouraged.

(3)  Genetic information is uniquely personal information

that should not be collected, retained or disclosed without

an individual's authorization.

(4)  The improper collection, retention or disclosure of

genetic information can lead to significant harm to an

individual, including discrimination in insurance.

(5)  Current law does not adequately protect individuals

from discrimination in insurance on the basis of genetic

information.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Genetic information."  Information about genes, gene

products, or inherited characteristics that may derive from an

individual or with respect to that individual, another

individual related by blood to that individual, or a spouse or

adopted child of the individual.

"Genetic services."  Health services provided to obtain,

assess and interpret genetic information for diagnostic and

therapeutic purposes and for genetic education and counseling.

"Insurance agreement."  An insurance policy, contract or

group insurance certificate issued by an insurer.

"Insurer."  Any legal entity engaged in the business of

insurance, including any individual, corporation, association,

reciprocal hospital company, nonprofit professional health

service plan, health maintenance organization, fraternal benefit

society, risk-bearing or nonrisk-bearing preferred provider

organization subject to the provisions of section 630 of the act

of May 17, 1921 (P.L.682, No.284), known as The Insurance

Company Law of 1921, or self-insured health plan not regulated

under the Employee Retirement Income Security Act of 1974

(Public Law 93-406, 88 Stat. 829).

Section 4.  Discrimination prohibited.

An insurer may not:

(1)  Deny, cancel, limit or refuse to renew an insurance

agreement or vary the premiums, terms or conditions for an

insurance agreement for any participant, beneficiary or

applicant for coverage as a participant or beneficiary:

(i)  on the basis of genetic information; or

(ii)  on the basis that the individual or a family

member of the individual has requested or received

genetic services.

(2)  Request or require a participant, beneficiary or

applicant for coverage as a participant or beneficiary to

obtain or disclose genetic information about the individual

or a family member of the individual.

(3)  Request or require a participant, beneficiary or

applicant for coverage as a participant or beneficiary to

reveal whether or not the individual or a family member of

the individual has obtained genetic information.

(4)  Disclose any genetic information about an individual

or a family member of the individual without the explicit

written consent of the individual from whom the information

was derived.

Section 5.  Penalties.

(a)  General rule.--Any violation of this act by an insurer

shall be deemed an unfair insurance practice as defined in

section 5 of the act of July 22, 1974 (P.L.589, No.205), known

as the Unfair Insurance Practices Act, and shall be subject to

the penalties provided under that act.

(b)  Cause of action.--Any individual who is harmed as a

result of a violation of this act shall have a civil cause of

action against the insurer whose violation caused the harm. In

any such action, the insurer may in the court's discretion be

liable for compensatory, consequential and punitive damages.

Section 6.  Enforcement.

The Insurance Commissioner shall have the same powers to

enforce this act as provided in the act of July 22, 1974

(P.L.589, No.205), known as the Unfair Insurance Practices Act.

Section 7.  Effective date.

This act shall take effect in 60 days.