CSHB 407(L&C): "An Act relating to discrimination by certain insurers against a person with a genetic defect."
00CS FOR HOUSE BILL NO. 407(L&C) 01 "An Act relating to discrimination by certain insurers against a person with a 02 genetic defect." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 21.36 is amended by adding a new section to read: 05 Sec. 21.36.092. PROHIBITED DISCRIMINATION AGAINST PERSONS 06 WITH GENETIC DEFECTS. (a) Except as provided under (b) of this section, an 07 insurer may not 08 (1) refuse to issue, sell, or renew a policy of life or disability insurance 09 if the refusal is based only on an asymptomatic genetic characteristic of the person to 10 be insured; 11 (2) charge a higher premium, require a rebate, discount, or otherwise 12 discriminate in the amount to be paid for insurance coverage issued to a person who 13 has an asymptomatic genetic characteristic; 14 (3) insert a condition in a policy of life or disability insurance that
01 covers a person with an asymptomatic genetic characteristic unless the policy condition 02 is also imposed on other persons with similar coverage; or 03 (4) fix a lower rate in agent or broker fees or commissions for issuing 04 or renewing a policy of life or disability insurance if the lower rate is based only on 05 the fact that the insured person has an asymptomatic genetic characteristic. 06 (b) The provisions of (a) of this section do not apply to an applicant or an 07 insured person with an asymptomatic genetic characteristic and a medical condition, 08 medical history, claims experience, or actuarial projection that establishes that 09 substantial increases in claims are likely to result from the asymptomatic genetic 10 characteristic. 11 (c) In this section, 12 (1) "asymptomatic genetic characteristic" means a scientific or 13 medically identifiable gene or chromosome, or alteration of a gene or chromosome, 14 that is known to be a cause of a disease or disorder, or is associated with a statistically 15 increased risk of development of a disease or disorder, and that is asymptomatic of any 16 disease or disorder; 17 (2) "insurer" includes 18 (A) an insurer as defined in AS 21.90.900; 19 (B) a group health plan as defined in 29 U.S.C. 20 1167(1)(Employee Retirement Income Security Act of 1974); 21 (C) a health maintenance organization as defined in 22 AS 21.86.900; 23 (D) a hospital service corporation or medical service corporation 24 as defined in AS 21.87.330; 25 (E) a writing carrier as defined in AS 21.55.500; and 26 (F) an entity offering a service benefit plan as referred to in 42 27 U.S.C. 1396g - l.