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PAG LIN
1 1 Section 1. Section 216.6, subsection 1, paragraph a, Code
1 2 2001, 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. 514M.1 DEFINITIONS.
1 15 As used in this chapter, unless the context otherwise
1 16 requires:
1 17 1. "DNA" means deoxyribonucleic acid, a nucleic acid that
1 18 carries the genetic information in the cell and is capable of
1 19 self-replication and synthesis of RNA. DNA consists of two
1 20 long chains of nucleotides twisted into a double helix and
1 21 joined by hydrogen bonds between the complementary bases
1 22 adenine and thymine or cytosine and guanine. The sequence of
1 23 nucleotides determines individual hereditary characteristics.
1 24 2. "Disability" means, with respect to an individual, any
1 25 one of the following:
1 26 a. A physical or mental impairment that substantially
1 27 limits one or more of the major life activities of such
1 28 individual.
1 29 b. A record of such an impairment.
1 30 c. Being regarded as having such an impairment.
1 31 3. "Employer" means a person who has one or more
1 32 employees, or a person who as contractor or subcontractor is
1 33 furnishing material or performing work for the state or a
1 34 governmental entity or agency of the state, and includes an
1 35 agent of such a person.
2 1 4. "Genetic information" means information about a gene,
2 2 gene product, or inherited characteristic derived from an
2 3 individual's family history or a genetic test.
2 4 5. "Genetic test" means the analysis of human DNA, RNA,
2 5 chromosomes, and those proteins and metabolites used to detect
2 6 heritable or somatic disease-related genotypes or karyotypes
2 7 for clinical purposes. A genetic test must be generally
2 8 accepted in the scientific and medical communities as being
2 9 specifically determinative for the presence, absence, or
2 10 mutation of a gene or chromosome in order to qualify under
2 11 this definition.
2 12 "Genetic test" does not include a routine physical
2 13 examination or a routine analysis, including, but not limited
2 14 to, a chemical analysis of body fluids, unless conducted
2 15 specifically to determine the presence, absence, or mutation
2 16 of a gene or chromosome.
2 17 6. "Insured" means an individual who is provided health
2 18 insurance under a third-party payment provider contract, plan,
2 19 or policy, that may include dependents and other covered
2 20 persons.
2 21 7. "Insurer" means a person who delivers, issues for
2 22 delivery, continues, or renews a third-party payment provider
2 23 contract, plan, or policy as follows:
2 24 a. Individual or group accident and sickness insurance
2 25 providing coverage on an expense-incurred basis.
2 26 b. An individual or group hospital or medical service
2 27 contract issued pursuant to chapter 509, 514, or 514A.
2 28 c. An individual or group health maintenance organization
2 29 contract regulated under chapter 514B.
2 30 d. A plan established pursuant to chapter 509A for public
2 31 employees.
2 32 e. Preferred provider contracts limiting choice of
2 33 specific providers.
2 34 f. An organized delivery system authorized under 1993 Iowa
2 35 Acts, chapter 158, and licensed by the director of public
3 1 health.
3 2 g. Any other entity engaged in the business of insurance,
3 3 risk transfer, or risk retention, that is subject to the
3 4 jurisdiction of the commissioner of insurance.
3 5 8. "RNA" means ribonucleic acid, a polymeric constituent
3 6 of all living cells and many viruses, consisting of a long,
3 7 usually single-stranded chain of alternating phosphate and
3 8 ribose units with the bases adenine, guanine, cytosine, and
3 9 uracil bonded to the ribose. The structure and base sequence
3 10 of RNA are determinants of protein synthesis and the
3 11 transmission of genetic information.
3 12 Sec. 3. NEW SECTION. 514M.2 PROHIBITIONS FOR INSURERS
3 13 REGARDING GENETIC INFORMATION – CONSENT REQUIRED FOR
3 14 DISCLOSURE.
3 15 1. An insurer shall not require an insured or a spouse or
3 16 dependent of an insured, or an applicant for coverage or a
3 17 spouse or dependent of an applicant, to do either of the
3 18 following:
3 19 a. Undergo genetic testing before issuing, renewing, or
3 20 continuing a third-party payment provider contract, plan, or
3 21 policy.
3 22 b. Disclose to someone other than the insured or
3 23 applicant, or the dependent of the insured or applicant,
3 24 whether genetic testing has been conducted, the results of
3 25 genetic testing, or genetic information.
3 26 2. An insurer shall not deny the issuance or renewal of a
3 27 contract, policy, or plan, or deny coverage under an existing
3 28 contract, policy, or plan based upon the results of a genetic
3 29 test.
3 30 3. An insurer shall not disclose genetic information
3 31 without the written consent of the individual to whom the test
3 32 relates, or the individual's parent or legal guardian, if the
3 33 individual is a minor.
3 34 4. Subsection 1 does not prohibit an insurer from
3 35 requiring an applicant to answer questions concerning family
4 1 history.
4 2 Sec. 4. NEW SECTION. 514M.3 EMPLOYMENT DISCRIMINATION ON
4 3 THE BASIS OF GENETIC INFORMATION PROHIBITED.
4 4 1. Except as otherwise required by federal law, an
4 5 employer shall not do any of the following:
4 6 a. Fail or refuse to hire, recruit, or promote an
4 7 individual because of a disability or genetic information that
4 8 is unrelated to the individual's ability to perform the duties
4 9 of a particular job or position.
4 10 b. Discharge or otherwise discriminate against an
4 11 individual with respect to compensation or the terms,
4 12 conditions, or privileges of employment, because of a
4 13 disability or genetic information that is unrelated to the
4 14 individual's ability to perform the duties of a particular job
4 15 or position.
4 16 c. Limit, segregate, or classify an employee or applicant
4 17 for employment in a way that deprives or tends to deprive an
4 18 individual of employment opportunities or otherwise adversely
4 19 affects the status of an employee because of a disability or
4 20 genetic information that is unrelated to the individual's
4 21 ability to perform the duties of a particular job or position.
4 22 d. Fail or refuse to hire, recruit, or promote an
4 23 individual on the basis of physical or mental examinations
4 24 that are not directly related to the requirements of a
4 25 particular job or position.
4 26 e. Discharge or take other discriminatory action against
4 27 an individual on the basis of physical or mental examinations
4 28 that are not directly related to the requirements of a
4 29 particular job or position.
4 30 f. Fail or refuse to hire, recruit, or promote an
4 31 individual when adaptive devices or aids may be utilized
4 32 thereby enabling that individual to perform the specific
4 33 requirements of a particular job or position.
4 34 g. Discharge or take other discriminatory action against
4 35 an individual when adaptive devices or aids may be utilized
5 1 thereby enabling that individual to perform the specific
5 2 requirements of a particular job or position.
5 3 h. Require an individual to submit to a genetic test or to
5 4 provide genetic information as a condition of obtaining or
5 5 maintaining employment, or of promotion.
5 6 2. Subsection 1 does not prohibit the following:
5 7 a. An individual may voluntarily provide to an employer
5 8 genetic information that is related to the employee's health
5 9 or safety in the workplace.
5 10 b. An employer may use genetic information received from
5 11 an employee under this subsection to protect the employee's
5 12 health or safety.
5 13 3. This section shall not apply to the employment of an
5 14 individual by the individual's parent, spouse, or child.
5 15 4. Except as provided in subsection 2, an employer shall
5 16 not directly or indirectly acquire or have access to any
5 17 genetic information concerning an employee or applicant for
5 18 employment, or the genetic information of a member of the
5 19 employee's or applicant's family.
5 20 Sec. 5. NEW SECTION. 514M.4 PENALTY.
5 21 1. Any insurer who violates any provision of section
5 22 514M.2 shall, after notice and hearing and upon order of the
5 23 commissioner of insurance, be subject to a monetary penalty of
5 24 one thousand dollars.
5 25 2. Any employer who violates any provision of section
5 26 514M.3 shall, after notice and hearing and upon order by the
5 27 civil rights commission, be subject to a monetary penalty of
5 28 one thousand dollars.
5 29 EXPLANATION
5 30 This bill creates new Code chapter 514M, which prohibits
5 31 the disclosure and use of certain genetic information with
5 32 respect to certain health insurance coverage and employment
5 33 matters.
5 34 The bill creates new Code section 514M.1, which provides
5 35 definitions for the new chapter, including "DNA",
6 1 "disability", "employer", "genetic information", "genetic
6 2 test", "insured", "insurer", and "RNA".
6 3 The bill creates new Code section 514M.2, which prohibits
6 4 the following activities by an insurer: (1) requiring genetic
6 5 testing or disclosing the results of genetic testing as a
6 6 condition of issuing, renewing, or continuing a third-party
6 7 payment contract, plan, or policy; (2) denial of coverage
6 8 based on the results of a genetic test; (3) disclosing genetic
6 9 information without the written consent of the individual or
6 10 the individual's parent or legal guardian, if a minor. An
6 11 insurer is not prohibited from asking an applicant about the
6 12 applicant's family history.
6 13 The bill creates new Code section 514M.3, which prohibits
6 14 employment discrimination on the basis of genetic information.
6 15 An employer is prohibited from the following: (1) failing or
6 16 refusing to hire, recruit, or promote because of a disability
6 17 or genetic information unrelated to the ability to perform the
6 18 job; (2) discharging or otherwise discriminating because of a
6 19 disability or genetic information unrelated to the ability to
6 20 perform the job; (3) limiting, segregating, or classifying an
6 21 employee or applicant in a way that deprives the individual of
6 22 employment opportunities or otherwise adversely affects the
6 23 status of an employee because of a disability or genetic
6 24 information that is unrelated to the individual's ability to
6 25 perform the duties of the job; (4) failing or refusing to
6 26 hire, recruit, or promote on the basis of physical or mental
6 27 examinations not directly related to the requirements of the
6 28 job; (5) failing or refusing to hire, recruit, or promote when
6 29 adaptive aids or devices would enable the individual to
6 30 perform the job; (6) discharging or taking other
6 31 discriminatory action when adaptive aids or devices would
6 32 enable the individual to perform the job; and (7) requiring an
6 33 individual to submit to a genetic test or to provide genetic
6 34 information as a condition of obtaining or maintaining
6 35 employment, or of promotion.
7 1 The prohibitions do not apply to voluntary submissions of
7 2 genetic information for health and safety reasons, and
7 3 employer use of such information. The prohibitions do not
7 4 apply to employment relationships involving a parent, spouse,
7 5 or child.
7 6 An employer shall not directly or indirectly acquire or
7 7 have access to any genetic information of an employee,
7 8 applicant, or any family member of an employee or an
7 9 applicant.
7 10 In conjunction with new Code section 514M.3, the bill also
7 11 amends Code section 216.6 to provide that it is an unfair or
7 12 discriminatory practice for a person to refuse to hire,
7 13 accept, register, classify, or refer for employment, to
7 14 discharge any employee, or to otherwise discriminate in
7 15 employment against any applicant for employment or any
7 16 employee because of genetic test results.
7 17 The bill provides for a $1,000 penalty, to be assessed
7 18 after notice and opportunity for hearing, by the commissioner
7 19 of insurance for violations of Code section 514M.2, and by the
7 20 civil rights commission for violations of Code section 514M.3.
7 21 LSB 2099XS 79
7 22 jj/cf/24
Text: SF00420 Text: SF00422 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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