HB 407: "An Act relating to discrimination by certain insurers against a person with a genetic defect."
00HOUSE BILL NO. 407 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) An insurer may not 07 (1) refuse to issue, sell, or renew a policy of life or disability insurance 08 if the refusal is based only on an asymptomatic genetic characteristic of the person to 09 be insured; 10 (2) charge a higher premium, require a rebate, discount, or otherwise 11 discriminate in the amount to be paid for insurance coverage issued to a person who 12 has an asymptomatic genetic characteristic; 13 (3) insert a condition in a policy of life or disability insurance that 14 covers a person with an asymptomatic genetic characteristic unless the policy condition
01 is also imposed on other persons with similar coverage; or 02 (4) fix a lower rate in agent or broker fees or commissions for issuing 03 or renewing a policy of life or disability insurance if the lower rate is based only on 04 the fact that the insured person has an asymptomatic genetic characteristic. 05 (B) In this section, 06 (1) "asymptomatic genetic characteristic" means a scientific or 07 medically identifiable gene or chromosome, or alteration of a gene or chromosome, 08 that is known to be a cause of a disease or disorder, or is associated with a statistically 09 increased risk of development of a disease or disorder, and that is asymptomatic of any 10 disease or disorder; 11 (2) "insurer" includes 12 (A) an insurer as defined in AS 21.90.900; 13 (B) a group health plan as defined in 29 U.S.C. 14 1167(1)(Employee Retirement Income Security Act of 1974); 15 (C) a health maintenance organization as defined in 16 AS 21.86.900; 17 (D) a hospital service corporation or medical service corporation 18 as defined in AS 21.87.330; 19 (E) a writing carrier as defined in AS 21.55.500; and 20 (F) an entity offering a service benefit plan as referred to in 42 21 U.S.C. 1396g - l.