BILL REQ. #:  S-0689.1 

Read first time 01/25/2005.   Referred to Committee on Financial Institutions, Housing & Consumer Protection.

     AN ACT Relating to genetic testing as a condition of life insurance; adding a new section to chapter 48.23 RCW; and adding a new section to chapter 48.24 RCW.

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

NEW SECTION.  Sec. 1   A new section is added to chapter 48.23 RCW to read as follows:
     It is unlawful for any life insurer to require, directly or indirectly, any policyholder or prospective policyholder or person upon whose life the contract is made to submit genetic information or submit to screening for genetic information as a condition of obtaining or retaining a life insurance or annuity policy. It is unlawful for any life insurer to use genetic information in setting rates or making determinations concerning the rate or amount of premium charged for a life insurance or annuity policy, or in the benefits payable or in any other rights or privileges accruing thereunder.
     "Genetic information" for purposes of this chapter, is information about inherited characteristics that can be derived from a DNA-based or other laboratory test, family history, or medical examination. "Genetic information" for purposes of this chapter, does not include: (1) Routine physical measurements, including chemical, blood, and urine analysis, unless conducted purposefully to diagnose genetic or inherited characteristics; and (2) results from tests for abuse of alcohol or drugs, or for the presence of HIV.

NEW SECTION.  Sec. 2   A new section is added to chapter 48.24 RCW to read as follows:
     It is unlawful for any insurer issuing a group life insurance or annuity policy to require, directly or indirectly, any policyholder or prospective policyholder or any person upon whose life the contract is made to submit genetic information pertaining to any person insured under the group life insurance policy or pertaining to any person upon whose life the policy is made or to require such persons to submit to screening for genetic information as a condition of obtaining or retaining a group life insurance or annuity policy. It is unlawful for any insurer issuing a group life insurance policy to use genetic information in setting rates or making determinations concerning the rate or amount of premium charged for a group life insurance or annuity policy, or in the benefits payable or in any other rights or privileges accruing thereunder.
     "Genetic information" for purposes of this chapter, is information about inherited characteristics that can be derived from a DNA-based or other laboratory test, family history, or medical examination. "Genetic information" for purposes of this chapter, does not include: (1) Routine physical measurements, including chemical, blood, and urine analysis, unless conducted purposefully to diagnose genetic or inherited characteristics; and (2) results from tests for abuse of alcohol or drugs, or for the presence of HIV.