House Study Bill 539 - Introduced HOUSE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON LUNDGREN) A BILL FOR An Act relating to the use of genetic information provided 1 to an insurer that offers health insurance, disability 2 insurance, life insurance, or long-term care insurance. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5567YC (1) 90 nls/ko

H.F. _____ Section 1. Section 729.6, subsection 1, paragraph g, Code 1 2024, is amended to read as follows: 2 g. “Health insurer” “Insurer” means a carrier, as defined 3 in section 513B.2 , and includes an entity offering a plan 4 of disability insurance, life insurance, or long-term care 5 insurance . 6 Sec. 2. Section 729.6, subsection 1, Code 2024, is amended 7 by adding the following new paragraphs: 8 NEW PARAGRAPH . 0a. “Disability insurance” means a contract, 9 policy, or plan for benefits consisting of a payment of a sum 10 of money to an individual in the event that an illness or 11 injury results in a disability that prevents the individual 12 from working. 13 NEW PARAGRAPH . 0j. “Life insurance” means a contract, 14 policy, or plan for benefits consisting of a promise by an 15 insurer, to an individual, for payment of a sum of money to 16 a designated beneficiary in the event of the death of the 17 individual. 18 NEW PARAGRAPH . 00j. “Long-term care insurance” means a 19 contract, policy, or plan for benefits consisting of a payment 20 or payments to an individual for qualified long-term care 21 services, as defined in section 7702B(c) of the Internal 22 Revenue Code. 23 Sec. 3. Section 729.6, subsection 4, paragraph a, 24 subparagraph (1), Code 2024, is amended to read as follows: 25 (1) With respect to health insurance, life insurance, 26 disability insurance, and long-term care insurance, a 27 third-party administrator or health insurer shall not release 28 genetic information pertaining to an individual without prior 29 written authorization of the individual. Written authorization 30 shall be required for each disclosure and shall include the 31 person to whom the disclosure is being made. 32 Sec. 4. Section 729.6, subsection 4, paragraph b, Code 2024, 33 is amended to read as follows: 34 b. (1) With respect to health insurance, a health life 35 -1- LSB 5567YC (1) 90 nls/ko 1/ 3

H.F. _____ insurance, disability insurance, and long-term care insurance, 1 an insurer shall not discriminate against an individual or 2 a member of the individual’s family on the basis of genetic 3 information or genetic testing. 4 (2) This section shall not require a health an insurer to 5 provide particular benefits other than those provided under the 6 terms of the health insurer’s plan or coverage. With respect 7 to health insurance, a health life insurance, disability 8 insurance, and long-term care insurance, an insurer shall not 9 consider a genetic propensity, susceptibility, or carrier 10 status as a preexisting condition for the purpose of limiting 11 or excluding benefits, establishing rates, or providing 12 coverage. 13 (3) With respect to health insurance, a health life 14 insurance, disability insurance, and long-term care insurance, 15 an insurer shall not use genetic information or genetic testing 16 for underwriting health insurance , life insurance, disability 17 insurance, or long-term care insurance in the individual and 18 group markets. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanation’s substance by the members of the general assembly. 22 This bill relates to genetic information provided to an 23 insurer that offers health insurance, disability insurance, 24 life insurance, and long-term care insurance. “Insurer”, 25 “disability insurance”, “life insurance”, and “long-term care 26 insurance” are defined in the bill. 27 Under current law, with respect to health insurance, a 28 third-party administrator or health insurer shall not release 29 genetic information pertaining to an individual without the 30 prior written authorization of the individual, and such written 31 authorization shall be required for each disclosure and shall 32 include the person to whom the disclosure is being made. The 33 bill expands the release of genetic information by an insurer 34 with respect to health insurance, life insurance, disability 35 -2- LSB 5567YC (1) 90 nls/ko 2/ 3

H.F. _____ insurance, or long-term care insurance. 1 Current law prohibits a health insurer, with respect to 2 health insurance, from discriminating against an individual or 3 a member of the individual’s family on the basis of genetic 4 information or genetic testing. The bill prohibits the same 5 discrimination for life insurance, disability insurance, and 6 long-term care insurance. 7 Under current law, a health insurer is not required to 8 provide particular benefits, but shall not consider a genetic 9 propensity, susceptibility, or carrier status as a preexisting 10 condition for the purposes of health insurance. Under the 11 bill, the same applies to life insurance, disability insurance, 12 and long-term care insurance. 13 Current law prohibits a health insurer from using 14 genetic information or genetic testing for underwriting 15 health insurance in individual and group markets. The same 16 prohibition applies to an insurer of life insurance, disability 17 insurance, or long-term care insurance. 18 -3- LSB 5567YC (1) 90 nls/ko 3/ 3