HF3701

Purpose

This bill would limit how insurers that sell long-term care, life, or disability insurance can use genetic information. It aims to prevent genetic data from being used to deny coverage, raise premiums, or require genetic testing as a condition for getting or renewing a policy. It also updates definitions related to genetics and insurance and removes some older provisions.

Main Provisions

• Prohibition on discriminatory use of genetic information
  • Insurers cannot deny, cancel, limit, or set higher premiums for an individual or their family members based solely on genetic information.
• Prohibition on pressuring genetic testing
  • Insurers cannot require or coercively encourage someone to undergo genetic testing (including full genomic sequencing) as a condition for coverage, renewal, or pricing.
• Consent-based use of existing health information
  • Insurers may access or use existing health information for underwriting only if the individual provides prior written consent.
  • The consent must be presented separately from any other authorization to release medical records.
• Protection for individuals without genetic testing consent
  • An insurer cannot deny or refuse to issue or renew a policy because the individual did not provide consent for genetic information.
  • A medical diagnosis in an individual’s records that results from a genetic test cannot be used to deny or cancel coverage if it concerns the person being evaluated.
• Definitions and scope
  • Defines genetic information and genetic test (presymptomatic tests for genes or chromosomes, including carrier status, related to disease risk; excludes cholesterol tests from being considered genetic tests).
  • Clarifies terms such as health plan, health plan company, insurer, and individual.
• Changes to law
  • Amends Minnesota Statutes 2024 section 72A.139 subdivision 2 and repeals subdivisions 4–7 of 72A.139.
• Coverage scope
  • Applies to insurers offering long-term care insurance, life insurance, and disability insurance.

Key Definitions (for clarity)

• Genetic information: information derived from a genetic test.
• Genetic test: presymptomatic testing for genes, gene products, or chromosomes to determine presence/absence of disease-related abnormalities or to identify carrier status; includes tests that show increased risk, but excludes non-genetic tests like a cholesterol test.
• Underwriting, premiums, coverage renewal, pricing: standard insurance industry terms affected by how information is used in deciding eligibility and costs.

Significant Changes to Existing Law

• Establishes a broad prohibition on using genetic information for underwriting decisions or price setting.
• Prohibits coercion or conditioning of coverage on genetic testing.
• Requires separate, explicit consent to use existing health information for underwriting.
• Tightens protections for individuals by preventing denial or non-renewal based on lack of consent or genetic-test-derived diagnoses in medical records.
• Replaces or supersedes specific older provisions by repealing subdivisions 4–7 of the existing section.

Practical Implications

• Individuals seeking long-term care, life, or disability insurance should not have their coverage unfairly denied or priced higher simply due to genetic test results.
• Insurers cannot force people to take genetic tests as a condition of obtaining or renewing coverage.
• If a person consents to the use of existing health information (including genetics) for underwriting, it must be a separate consent, clearly separated from other authorizations.
• Medical diagnoses connected to genetics in a health record cannot automatically block coverage if the person did not consent to use of that genetic information.

Relevant Terms genetic information; genetic test; presymptomatic test; carrier status; health plan; health plan company; insurer; individual; underwriting; premiums; coverage renewal; pricing; long-term care insurance; life insurance; disability insurance; consent; separate consent; medical records; genetic data use prohibition; denial of coverage based on genetics.