MEDIGAP: RESTRICT USE OF GENETIC INFO S.B. 744 (S-1):
FLOOR SUMMARY
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Senate Bill 744 (Substitute S-1 as reported by the Committee of the Whole)
Sponsor: Senator Alan Sanborn
Committee: Economic Development and Regulatory Reform
CONTENT
The bill would amend Chapter 38 (Medicare Supplemental Policies and Certificates) of the Insurance Code to do the following:
-- Prohibit an insurer of a Medicare supplement policy or certificate from denying or conditioning coverage, or discriminating in pricing, on the basis of genetic information.
-- Prohibit a Medicare supplement insurer from requesting or requiring a genetic test.
-- Allow an insurer to obtain and use genetic test results for the purpose of making a payment determination, pursuant to Federal regulations.
-- Allow an insurer to request, but not require, an individual to undergo genetic testing voluntarily if the request were made for research and other conditions were met.
-- Prohibit an insurer from requesting, requiring, or purchasing genetic information for underwriting purposes.
The bill specifies that it would apply to all Medicare supplement policies (also called "Medigap" policies) or certificates delivered, issued for delivery, or renewed on or after May 21, 2009.
The bill is tie-barred to House Bill 5235, which would amend Chapter 38 to bring it into compliance with Federal requirements regarding Medigap policies marketed as of June 1, 2010.
Proposed MCL 500.3829a Legislative Analyst: Patrick Affholter
FISCAL IMPACT
Because Medicare is a federally funded program, the bill would have no fiscal impact on State or local government.
Date Completed: 10-22-09 Fiscal Analyst: Steve Angelotti
Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb744/0910