Senate Amendment 5288


PAG LIN

     1  1    Amend Senate File 2215, as amended, passed, and
     1  2 reprinted by the Senate, as follows:
     1  3 #1.  Page 1, before line 1 by inserting:
     1  4    <Section 1.  Section 507B.4, Code 2009, is amended
     1  5 by adding the following new subsection:
     1  6    NEW SUBSECTION.  7A.  Release or use of genetic
     1  7 information.  Failure of a person to comply with
     1  8 section 729.6, subsection 2B.>
     1  9 #2.  Page 1, by striking lines 3 through 5 and
     1 10 inserting:
     1 11    <NEW PARAGRAPH.  Ob.  "Genetic information" means the
     1 12 same as defined in 29 U.S.C. { 1191b(d)(6).>
     1 13 #3.  Page 1, by striking lines 9 through 24 and
     1 14 inserting:
     1 15    <c.  "Genetic testing" means the same as genetic test
     1 16 as defined in 29 U.S.C. { 1191b(d)(7).
     1 17    Sec. ___.  Section 729.6, subsection 1, Code 2009,
     1 18 is amended by adding the following new paragraphs:
     1 19    NEW PARAGRAPH.  Od.  "Health insurance" means
     1 20 a contract, policy, or plan providing for health
     1 21 insurance coverage as defined in section 513B.2.
     1 22    NEW PARAGRAPH.  OOd.  "Health insurer" means a
     1 23 carrier, as defined in section 513B.2.
     1 24    NEW PARAGRAPH.  Of.  "Third=party administrator"
     1 25 means the same as defined in section 510.11.>
     1 26 #4.  Page 2, by striking lines 15 and 16 and
     1 27 inserting:
     1 28    <NEW SUBSECTION.  2B.  a.  (1)  With respect to
     1 29 health insurance, a third=party administrator or health
     1 30 insurer shall not release genetic>
     1 31 #5.  Page 2, line 32, by striking <An insurer> and
     1 32 inserting <With respect to health insurance, a health
     1 33 insurer>
     1 34 #6.  Page 3, by striking line 2 and inserting <the
     1 35 terms of the health insurer's plan or coverage. With
     1 36 respect to health insurance, a health insurer>
     1 37 #7.  Page 3, line 7, by striking <An insurer> and
     1 38 inserting <With respect to health insurance, a health
     1 39 insurer>
     1 40 #8.  Page 3, after line 9 by inserting:
     1 41    <c.  The commissioner of insurance shall adopt rules
     1 42 as necessary for the administration of this subsection.
     1 43    d.  A violation of this subsection is an unfair
     1 44 insurance trade practice under section 507B.4.>
     1 45 #9.  Page 3, line 12, by striking <This> and
     1 46 inserting <This Subsections 2, 2A, 3, 4, and 5 of this>
     1 47 #10.  Page 3, line 13, after <violates> by inserting
     1 48 <subsection 2, 2A, 3, 4, or 5 of>
     1 49 #11.  Page 3, line 14, after <of> by inserting
     1 50 <subsection 2, 2A, 3, 4, or 5 of>
     2  1 #12.  Page 3, line 15, by striking <insured,>
     2  2 #13.  Page 3, line 16, by striking <insured,>
     2  3 #14.  Page 3, line 22, after <of> by inserting
     2  4 <subsection 2, 2A, 3, 4, or 5 of>
     2  5 #15.  Page 3, line 25, by striking <insured,>
     2  6 #16.  Page 3, line 27, by striking <insured,>
     2  7 #17.  By striking page 3, line 31, through page 4,
     2  8 line 3, and inserting <organization, or licensing
     2  9 agency has required or requested a genetic test in
     2 10 violation of violated subsection 2, 2A, 3, 4, or
     2 11 5 of this section shall establish that sufficient
     2 12 evidence exists upon>
     2 13 #18.  Page 4, lines 8 and 9, by striking <insurance
     2 14 administrator, health plan, health insurer,>
     2 15 #19.  Title page, line 2, by striking <enforcement>
     2 16 and inserting <and administrative enforcement and
     2 17 providing penalties>
     2 18 #20.  By renumbering as necessary.
          SF2215.2529.H (1) 83
          mb

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