Senate Bill 2037

AN ACT RELATING TO GENETIC INFORMATION FOR CERTAIN INSURANCE PURPOSES; TO PROVIDE DEFINITIONS; TO PROHIBIT LIFE INSURERS AND DISABILITY INSURERS FROM CANCELING, LIMITING, OR DENYING COVERAGE, OR ESTABLISHING DIFFERENTIALS IN PREMIUM RATES, BASED ON GENETIC INFORMATION UNDER CERTAIN CIRCUMSTANCES; TO PROHIBIT THOSE INSURERS FROM TAKING CERTAIN ACTIONS RELATING TO GENETIC INFORMATION FOR ANY INSURANCE PURPOSE COVERED UNDER THE ACT; TO PROVIDE FOR PROSPECTIVE APPLICATION ONLY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Definitions. As used in this section, the term:

(a) "Genetic information" means information derived from genetic testing to determine the presence or absence of variations or mutations, including carrier status, in an individual's genetic material or genes that are scientifically or medically believed to cause a disease, disorder or syndrome, or are associated with a statistically increased risk of developing a disease, disorder or syndrome that is asymptomatic at the time of testing. Such testing does not include routine physical examinations or chemical, blood or urine analysis, unless conducted purposefully to obtain genetic information, or questions regarding family history.

(b) "Life insurer" has the same meaning as defined in Section 83-7-1 for life insurance company, and includes an insurer issuing life insurance contracts that grant additional benefits in the event of the insured's disability.

(c) "Disability insurer" means an insurer that issues a policy for income protection to pay the insured a portion of the insured's monthly pre-tax income if the insured is unable to work because of an illness or injury.

(2) Use of genetic information. (a) In the absence of a diagnosis of a condition related to genetic information, life insurers and disability insurers authorized to transact insurance in this state may not cancel, limit or deny coverage, or establish differentials in premium rates, based on genetic information.

(b) Life insurers and disability insurers may not require or solicit genetic information, use genetic test results, or consider a person's decisions or actions relating to genetic testing in any manner for any insurance purpose.

(c) This section does not apply to the underwriting or issuance of an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy or vision policy or any other actions of an insurer directly related to an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy or vision policy.

(d) Nothing in this section shall be construed as preventing a life insurer or disability insurer from accessing an individual's medical records as part of an application exam. Nothing in this section prohibits a life insurer or disability insurer from considering a medical diagnosis included in an individual's medical record, even if a diagnosis was made based on the results of a genetic test.

(3) Prospective application. This section applies to policies entered into or renewed on or after the effective date of this act.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.