Genome Statute and Legislation Database

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.

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

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.

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.

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.

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.

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.

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.

A health carrier that decides to discontinue offering a particular type of individual policy or contract in the state and offer another option of coverage must act uniformly without regard to health status-related factors related to any covered individual, including genetic information. A health carrier offering a network health plan must terminate coverage uniformly, as permitted, without regard to health status-related factors, including genetic information.

An employer may not discriminate against an employee or applicant because of genetic information that is unrelated to the ability to perform the duties of a particular job or position. An employer also may not require an employee or applicant to submit to a genetic test or to provide genetic information as a condition of employment or promotion. An employee may voluntarily submit genetic information that is related to heath and safety in the workplace.

The health department must adopt and promulgate rules and regulations relating to the use_of_residual_newborn_screening_specimens and related information. Use may only be made for public health purposes and must comply with all applicable provisions of federal law. The department may charge a reasonable fee for evaluating proposals relating to the use of such specimens for public health research and for preparing and supplying specimens for research proposals approved by the department. The health department also must develop a pamphlet which explains that residual newborn blood specimens may be used for approved public health research.

A physician or an individual to whom the physician has delegated authority to perform a selected act, task, or function may not order a predictive genetic test without prior written informed consent and in the manner specified with some exceptions such as newborn screening. The health department must develop a model informed consent form that, if used, bars the person tested from bringing any civil action on the basis that consent was not obtained.

Under the Small Employer Health Insurance Availability Act, health status-related factor is defined to include genetic information and pre-existing condition is defined to exclude genetic information in the absence of a diagnosis.

A health benefit plan may not treat genetic information as a pre-existing condition in the absence of a diagnosis. A health carrier may not establish rules for eligibility and continued eligibility of any individual to enroll under the terms of the health benefit plan based on a health status-related factor, including genetic information.

Adopt the Genetic Information Privacy Act.

In order for a company to be eligible for the wage benefit credit or the investment tax credit under the Invest Nebraska Act, the company must file an application for an agreement with the board, which must contain a copy of the written policy of the company prohibiting the company, as required by law, from requiring as a condition of employment or promotion at the project that an employee or an individual applying for employment at the project submit to a genetic test or provide genetic information outside of the scope of normal blood testing.

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.

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.

genetic_discrimination with regard to apprenticeship agreements is prohibited. Requires the Office of Workforce Innovation to suspend for one year the right of any employer, association of employers or organization of employees acting as agent for an employer to participate in a program under the provisions of apprenticeship program after notice and hearing, finds that the employer, association or organization has discriminated against an individual based on genetic information.

This bill prescribes the requirements for surrogate decision makers to give informed consent for certain human subject research. Measure failed.

It is an unlawful employment practice for an employer, a labor organization or an employment agency to (1) ask or encourage a prospective or current employee or member of the labor organization to submit to a genetic test, (2) require or administer a genetic test to a person as a condition of employment or membership, or (3) deny, alter the terms, conditions or privileges of, or terminate employment or membership based on genetic information.