PRINTER'S NO. 97
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
125
Session of
2021
INTRODUCED BY FONTANA, SCHWANK AND BREWSTER, JANUARY 26, 2021
REFERRED TO BANKING AND INSURANCE, JANUARY 26, 2021
AN ACT
Amending the act of May 17, 1921 (P.L.682, No.284), entitled "An
act relating to insurance; amending, revising, and
consolidating the law providing for the incorporation of
insurance companies, and the regulation, supervision, and
protection of home and foreign insurance companies, Lloyds
associations, reciprocal and inter-insurance exchanges, and
fire insurance rating bureaus, and the regulation and
supervision of insurance carried by such companies,
associations, and exchanges, including insurance carried by
the State Workmen's Insurance Fund; providing penalties; and
repealing existing laws," in general provisions relating to
insurance companies, associations and exchanges, providing
for use of genetic information for insurance purposes.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of May 17, 1921 (P.L.682, No.284), known
as The Insurance Company Law of 1921, is amended by adding a
section to read:
Section 359. Use of Genetic Information for Insurance
Purposes. -- (a) Notwithstanding any other provision of law,
health insurers, life insurers and long-term care insurers may
not:
(1) cancel, limit or deny coverage or establish
differentials in premium rates regarding an offered, issued or
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renewed policy, contract or plan based on genetic information;
or
(2) require or solicit genetic information, use genetic test
results or consider an individual's decisions or actions
relating to genetic information or a genetic test in any manner
for any insurance purpose.
(b) Nothing in this section may be construed as preventing a
life insurer or long-term care insurer from accessing an
individual's medical record as part of an application exam.
Nothing in this section prohibits a life insurer or long-term
care insurer from considering a medical diagnosis included in an
individual's medical record, even if a diagnosis was made based
on the results of a genetic test.
(c) This section shall apply as follows:
(1) Except as provided in paragraph (2), this section
applies to policies, contracts or plans entered into or renewed
on or after January 1, 2022.
(2) This section does not apply to any of the following:
(i) An accident only policy.
(ii) A credit only policy.
(iii) A Medicare supplement policy.
(iv) A fixed indemnity policy.
(v) A dental only policy.
(vi) A vision only policy.
(vii) A workers' compensation policy.
(viii) An automobile medical payment policy.
(ix) A policy under which benefits are provided by the
Federal Government to active or former military personnel and
their dependents.
(x) Any other similar policies providing for limited
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benefits.
(d) As used in this section, the following words and phrases
shall have the meanings given to them in this subsection unless
the context clearly indicates otherwise:
"Genetic information" means information derived from genetic
testing to determine the presence or absence of variations or
mutations, including carrier status, in an individual's genetic
material or genes that are scientifically or medically believed
to cause a disease, disorder or syndrome, or are associated with
a statistically increased risk of developing a disease, disorder
or syndrome, which is asymptomatic at the time of testing. Such
testing does not include routine physical examinations or
chemical, blood or urine analysis, unless conducted purposefully
to obtain genetic information or questions regarding family
history.
"Genetic test" means a test for determining the presence or
absence of an inherited genetic characteristic in an individual,
including tests of nucleic acids such as DNA, RNA and
mitochondrial DNA, chromosomes or proteins, in order to identify
a predisposing genetic characteristic.
"Health insurer" means an insurer that offers, issues or
renews an individual or group health, accident or sickness
insurance policy, contract or plan and that is governed under
any of the following:
(1) This act.
(2) 40 Pa.C.S. Ch. 61 (relating to hospital plan
corporations).
(3) 40 Pa.C.S. Ch 63 (relating to professional health
services plan corporations).
(4) The act of December 29, 1972 (P.L.1701, No.364), known
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as the "Health Maintenance Organization Act."
"Life insurer" means an insurer that offers, issues or renews
a life insurance policy, contract or plan and that is offered or
governed under any of the following:
(1) This act.
(2) The act of March 10, 1949 (P.L.30, No.14), known as the
"Public School Code of 1949."
"Long-term care insurer" means an insurer that offers, issues
or renews a long-term care insurance policy or a group long-term
care insurance policy and that is offered or governed under this
act.
Section 2. This act shall take effect immediately.
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