Text: SF02304 Text: SF02306 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 216.6, subsection 1, paragraph a, Code 1 2 1999, is amended to read as follows: 1 3 a. Person to refuse to hire, accept, register, classify, 1 4 or refer for employment, to discharge any employee, or to 1 5 otherwise discriminate in employment against any applicant for 1 6 employment or any employee because of the age, race, creed, 1 7 color, sex, national origin, religion, genetic test results, 1 8 or disability of such applicant or employee, unless based upon 1 9 the nature of the occupation. If a person with a disability 1 10 is qualified to perform a particular occupation, by reason of 1 11 training or experience, the nature of that occupation shall 1 12 not be the basis for exception to the unfair or discriminating 1 13 practices prohibited by this subsection. 1 14 Sec. 2. NEW SECTION. 514L.1 DISCLOSURE OF GENETIC 1 15 INFORMATION PROHIBITED. 1 16 1. The results of a genetic test are confidential 1 17 information and shall not be disclosed by an insurer without 1 18 the written consent of the individual to whom the test 1 19 relates, such individual's legal guardian, or such 1 20 individual's parent if the individual is a minor. 1 21 2. An insurer shall not deny the issuance or renewal of a 1 22 contract or policy, or deny coverage under an existing 1 23 contract or policy based upon the results of a genetic test. 1 24 3. For purposes of this section, unless the context 1 25 otherwise requires: 1 26 a. "Genetic test" means a laboratory test of human 1 27 chromosomes, genes, or gene products that is used to identify 1 28 the presence or absence of inherited or congenital alterations 1 29 in genetic material that are associated with a disease or 1 30 illness. 1 31 b. "Insurer" means all of the following: 1 32 (1) A company or association organized under chapter 508, 1 33 511, 512A, 512B, 514, 514B, or 515, that delivers, issues for 1 34 delivery, continues, or renews a contract or policy including 1 35 any of the following: 2 1 (a) Individual accident and sickness insurance providing 2 2 coverage on an expense-incurred basis. 2 3 (b) Individual hospital or medical service contract. 2 4 (c) An individual health maintenance organization contact. 2 5 (d) An individual or group life insurance contract. 2 6 (2) Any other entity engaged in the business of insurance, 2 7 risk transfer, or risk retention, which is subject to the 2 8 jurisdiction of the commissioner. 2 9 (3) A plan established pursuant to chapter 509A for public 2 10 employees. 2 11 (4) An organized delivery system licensed by the director 2 12 of public health. 2 13 Sec. 3. NEW SECTION. 727.12 DISCLOSURE OF GENETIC TEST 2 14 INFORMATION PENALTY. 2 15 A person who has, or is granted, access to the results of 2 16 an individual's genetic test shall not disclose any 2 17 information relating to such test to any other person, except 2 18 to the extent permitted by the individual as evidenced by the 2 19 individual's written consent. A person who violates this 2 20 section commits a simple misdemeanor. 2 21 EXPLANATION 2 22 This bill provides that it is an unfair or discriminatory 2 23 practice for a person to refuse to hire, accept, register, 2 24 classify, or refer for employment, to discharge any employee, 2 25 or to otherwise discriminate in employment against any 2 26 applicant for employment or any employee because of the 2 27 genetic test results of the applicant or employee. 2 28 The bill also provides that the results of a genetic test 2 29 are confidential information and shall not be disclosed by an 2 30 insurer without the written consent of the individual to whom 2 31 the test relates, such individual's legal guardian, or such 2 32 individual's parent if the individual is a minor. The bill 2 33 also provides that an insurer shall not deny the issuance or 2 34 renewal of a contract or policy, or deny coverage under an 2 35 existing contract or policy based upon the results of a 3 1 genetic test. 3 2 The bill also provides that a person who has, or is 3 3 granted, access to the results of an individual's genetic test 3 4 shall not disclose any information relating to such test to 3 5 any other person, except to the extent permitted by the 3 6 individual as evidenced by the individual's written consent. 3 7 A person who violates this Code section commits a simple 3 8 misdemeanor. 3 9 LSB 6277XS 78 3 10 mj/cf/24
Text: SF02304 Text: SF02306 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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