Synopsis:

S.B. 144 would fill a loophole in the federal Genetic Information Nondiscrimination Act of 2008, which sought to limit insurers’ use of genetic test data to deny consumers insurance coverage. As it is worded, the law only applies to health insurance providers. It does not cover non-health insurance, meaning that insurers offering disability or long-term care plans, for example, are not subject to the anti-discrimination mandate. S.B. 144 would extend the same protection to non-health insurance. It would also prohibit genetic test results being sent directly to insurance companies without the consumer’s written consent. S.B. 144 would not completely bar insurance companies from using consumers’ genetic information. It allows insurance companies to take test results into consideration when they are “reasonably related to anticipated claims experience.” Nevertheless, insurers have expressed concern about tightening genetic discrimination laws, as it will decrease their ability to identify and deny consumers they deem too risky to underwrite.

Supporters:

Sens. Hansen (D), Delcollo (R), Ennis (D), Lockman (D), Poore (D), Sokola (D); Reps. Bentz (D), Baumbach (D), Brady (D), Chukwuocha (D), Heffernan (D), Kowalko (D), Longhurst (D), Osienski (D), Seigfried (D), Spiegelman (R); Insurance Commissioner Trinidad Navarro, Governor’s Advisory Council for Exceptional Citizens, League of Women Voters.

Opponents:

Northwestern Mutual and other large insurance providers.

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