SB 108: "An Act relating to genetic testing."
00SENATE BILL NO. 108 01 "An Act relating to genetic testing." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 21.36 is amended by adding a new section to read: 04 Sec. 21.36.085. RESTRICTIONS RELATING TO GENETIC TESTING. (a) 05 A health care insurer may not 06 (1) require or request directly or indirectly that an individual or a 07 member of an individual's family obtain a genetic test; 08 (2) require or request directly or indirectly that an individual reveal 09 whether the individual or a member of an individual's family has obtained a genetic 10 test or what the results of the test, if obtained by the individual or a member of the 11 individual's family, were; 12 (3) condition the provision of health insurance coverage or health care 13 benefits on whether an individual or a member of the individual's family has obtained 14 a genetic test or on what the results of the test, if obtained by the individual or a
01 member of the individual's family, were; or 02 (4) consider, in the determination of rates or any other aspect of health 03 insurance coverage or health care benefits provided to an individual, whether an 04 individual or a member of the individual's family has obtained a genetic test or what 05 the results of the test, if obtained by the individual or a member of the individual's 06 family, were. 07 (b) Notwithstanding (a) of this section, an insurer that writes life insurance 08 coverage or income continuation insurance coverage may request or require an 09 individual or a member of the individual's family to obtain a genetic test or to disclose 10 the results of a genetic test or otherwise obtain genetic test information about the 11 individual or a member of the individual's family, but the insurer may not 12 (1) use the information for writing or setting the rates for a type of 13 insurance coverage other than life insurance or income continuation insurance for the 14 individual or a member of the individual's family; or 15 (2) set rates for life insurance or income continuation insurance that are 16 not reasonably related to the risk involved as revealed by the genetic test results. 17 (c) In this section, 18 (1) "genetic test" means a test that uses deoxyribonucleic acid extracted 19 from an individual's cells in order to determine the presence of a genetic disease or 20 disorder or the individual's predisposition for a particular genetic disease or disorder; 21 (2) "health care insurer" means 22 (A) an insurer authorized under this title to offer, issue for 23 delivery, deliver, or renew an individual or group policy for health insurance 24 on an expense incurred basis; 25 (B) a hospital or medical service corporation authorized under 26 this title to offer or renew an individual's or group subscriber's contract for 27 health insurance; and 28 (C) a person that provides health care benefits or health 29 insurance for other persons on a self-insured basis; 30 (3) "health insurance" means an individual or group contract or other 31 plan that provides coverage of health care services; the term includes disability
01 insurance under AS 21.12.050.