Genome Statute and Legislation Database

This section of the law is applicable to all insurance companies. A person who creates, stores, receives or furnishes genetic information must hold such information as confidential medical records and must obtain written authorization to disclose genetic information. Exceptions include statistical data compiled without reference to the identity of an individual, health research conducted in accordance with the provisions of the federal Common Rule, and health research using medical archives or databases in which the identity of individuals is protected from disclosure by coding or encryption, or by removing all identities. The director of insurance has the authority to enforce these provisions.

Unless otherwise directed under this section, a biological specimen may be released for purposes of anonymous scientific study. At the time of newborn screening specimen collection, the parent or legal guardian of the child from whom a biological specimen was obtained may direct the department to: (1) return the specimen after all tests have been performed; (2) destroy the specimen; or (3) store a specimen but do not release is for anonymous study. Signed by the Governor July 13, 2007

This bill authorizes designated administrators to take action if it is determined that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act of discrimination prohibited under the state genetic nondiscrimination laws that applies to employers. Measure failed.

Prohibits a person or entity from disclosing, obtaining, retaining, or using any biometric data about an individual, including DNA, with whom the person or entity is engaged in trade or commerce for any purpose other than that which the individual reasonably expects. Died.

A health insurance issuer offering group health_insurance_coverage may not establish rules for eligibility or continued eligibility of any individual to enroll under the terms of the group health plan based on health status-related factors, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. A small employer carrier may apply reasonable criteria in determining whether to accept a small employer into a class of business, provided that the criteria are not based on a health status-related factor, including genetic information.

This bill requires a state agency or education institution to obtain written consent from parents or eligible students before collecting any certain data points, including a biometric record (defined to include DNA). Died.

Amends statute section pertaining to the release of residual newborn screening specimens for anonymous scientific study. Requires consent of parent or legal guardian be obtained for such release at the time of specimen collection. 2/23/2021 - House public hearing completed. Died.

This bill requires a state agency or education institution to obtain written consent from parents or eligible students before collecting any certain data points, including a biometric record (defined to include DNA). Died.

An insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance may not discriminate based on a persons genetic traits. These entities also may not underwrite or condition coverage on a requirement or agreement to take a genetic test or on genetic information of an individual or his or her family member, and they may not seek genetic information for a purpose that is unrelated to assessing or managing ones health, inappropriate in an asymptomatic individual, or unrelated to research in which a subject is not personally identifiable. These entities may not require an individual to obtain a genetic test also with some exceptions. The law does not apply to life, disability income or long-term care insurance.

Requires lobbyists to complete harassment prevention training. Harassment is defined to include unwelcome verbal or physical conduct that denigrates or shows hostility or aversion toward an individual on the basis of genetic information. Died.

A group health plan or a health insurance issuer offering group health_insurance_coverage may not impose a pre-existing condition exclusion based on genetic information. A group health plan or a health insurance issuer offering group health_insurance_coverage may not establish rules for eligibility or continued eligibility of any individual to enroll under the terms of the group health plan based on health status-related factors, including genetic information.

This bill amends the health insurance statutes and prohibits a group health plan or a health insurance issuer offering group health_insurance_coverage from imposing a preexisting condition exclusion on an individual under 19 years of age because of a preexisting condition. Genetic information may not be treated as a pre-existing condition under existing law. Measure failed.

This bill amends the genetic nondiscrimination law pertaining to life and disability insurance to exclude high deductible plans. Measure failed.

Each group or individual medical expense, cancer, and blanket disability policy, certificate of insurance, and membership contract must provide minimum mammography examination coverage. The definition of minimum mammography examination is amended to include: a) a mammogram each year for a woman who is under 35 years of age if: (i) the woman has two or more first-degree family members diagnosed with breast cancer or ovarian cancer; (ii) genetic tests indicate the woman is at higher risk for breast cancer; or (iii) the woman's physician recommends the test. Died in Standing Committee on April 24, 2013.

A health insurance issuer offering individual health_insurance_coverage in this state may not establish rules for eligibility or adjust premiums for any individual or individual's dependent to enroll in individual health_insurance_coverage based on genetic information. Individual health insurance issuers also may not impose any preexisting condition exclusion on the basis of genetic information or request or require an individual or a family member of an individual to undergo a genetic test. Died in Standing Committee.

Amends existing genetic information and insurance law by removing the exclusion of life, disability and long-term care insurance. Died.

This bill requires parental consent or consent from a student 18 years or older prior to collecting or recording biometric data, which is defined to include a DNA sequence. Died.

Health insurance issuers offering individual health_insurance_coverage may not establish rules for eligibility, including continued eligibility, of any individual based on a health status-related factor, including genetic information, of the individual or a dependent of the individual. Died.

Creates the Montana family and medical leave insurance fund. Applicants for coverage must provide eligibility documentation. The department may not require documentation that exceeds the right to privacy allowed under HIPAA, the ADA and GINA. Died.

Revise laws related to collection of genetic material for newborn screenings.

Unfair discrimination between individuals of the same class and equal expectation of life in any contract of life insurance or of life annuity is prohibited. Unfair discrimination between individuals of the same class and of essentially the same hazard for disability insurance is prohibited. An insurer may not refuse to consider an application for life or disability insurance on the basis of a genetic condition. The rejection of an application or the determining of rates, terms, or conditions of a life or disability insurance contract is permissible if the applicant's medical condition and history as well as either claims experience or actuarial projections establish that substantial differences in claims are likely to result from the genetic condition.

Amends state health insurance law by deleting provision related to restrictions on pre-existing condition exclusions, including those based on genetic information. The new law would prohibit any pre-existing condition exclusions. Died.

This bill amends section 71-551 of the statutes on genetic testing. Proposed changes address the types of genetic tests covered under law and and consent requirements. Measure failed.

Any hospital, medical, or surgical expense-incurred policy or certificate and self-funded employee benefit plan to the extent not preempted by federal law may not require a covered person or his or her dependent or an asymptomatic applicant for coverage or his or her asymptomatic dependent to undergo any genetic test before issuing, renewing, or continuing the policy or certificate. This does prohibit requiring an applicant for coverage to answer questions concerning family history.

Requires individual or group sickness and accident insurance policies or subscriber contracts; hospital, medical, or surgical expense-incurred policies; and any self-funded employee benefit plan to the extent not preempted by federal law shall to provide coverage for screening digital breast tomosynthesis and digital magnetic resonance imaging if a woman 40 or older has positive genetic testing. Died.