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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