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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4201
Introduced 1/26/2004, by Donald L. Moffitt SYNOPSIS AS INTRODUCED:
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Amends the Genetic Information Privacy Act. Provides that if an application
or
other form used by an insurer requests a waiver of an individual's health
history, the form
must expressly state that information derived from genetic testing is not
included in such
a waiver.
Provides that an insurer's application or other form shall comply with this requirement within 2 years. |
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A BILL FOR
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HB4201 |
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LRB093 18870 RXD 44605 b |
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| AN ACT in relation to public health.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Genetic Information Privacy Act is amended |
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| by changing Section
20 as follows:
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| (410 ILCS 513/20)
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| Sec. 20. Use of genetic testing information for insurance |
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| purposes.
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| (a) An insurer may not seek information derived from |
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| genetic testing for use
in connection with a policy of accident |
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| and health insurance. Except as
provided in subsection (b), an |
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| insurer that receives information derived from
genetic |
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| testing, regardless of the source of that information, may not |
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| use
the information for a nontherapeutic purpose as it
relates |
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| to a policy of accident and health insurance.
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| (b) An insurer may consider the results of genetic testing |
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| in connection
with a policy of accident and health insurance if |
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| the individual voluntarily
submits the results and the results |
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| are favorable to the individual.
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| (c) An insurer that possesses information derived from |
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| genetic testing may
not release the information to a third |
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| party, except as specified in Section
30.
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| (d) If an application or other form used by an insurer |
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| requests a waiver
of an
individual's health history, the form |
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| must expressly state that information
derived from
genetic |
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| testing is not included in such a waiver. An insurer's |
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| application or other form shall comply with the requirements of |
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| this subsection within 2 years of the effective date of this |
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| amendatory Act of the 93rd General Assembly.
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| (Source: P.A. 92-430, eff. 8-17-01.)
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