98RS SB334

SB334

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SB 334 (BR 71) - N. Kafoglis

     AN ACT relating to genetic testing.
     Create a new section of Subtitle 14 of KRS Chapter 304 to define "genetic characteristic", "genetic information", "genetic test", and "person"; create a new section of Subtitle 14 of KRS Chapter 304 to prohibit individual health insurance policies providing hospital and medical expense benefits from excluding any individual or eligible dependent or establishing any rate or terms on the basis of any genetic characteristic; create a new section of Subtitle 14 of KRS Chapter 304 to prohibit individual or group hospital service corporation contracts providing hospital and medical expense benefits from excluding any individual or eligible dependent or establishing any rate or terms on the basis of any genetic characteristic; create a new section of Subtitle 14 of KRS Chapter 304 to prohibit individual or group health service corporation contracts providing hospital and medical expense benefits from excluding any individual or eligible dependent or establishing any rate or terms on the basis of any genetic characteristic; create a new section of Subtitle 14 of KRS Chapter 304 to prohibit group health insurance policies providing hospital and medical expense benefits from excluding any individual or eligible dependent or establishing any rate or terms on the basis of any genetic characteristic; create a new section of Subtitle 14 of KRS Chapter 304 to prohibit any contract for health care services from excluding any individual or eligible dependent or establishing any rate or terms on the basis of any genetic characteristic; create a new section of Subtitle 12 of KRS Chapter 304 to prohibit discrimination against any individual on the basis of genetic information or the refusal to submit to a genetic test in the issuance, withholding, extension or renewal of any hospital confinement or other supplemental limited benefit health or credit life or credit accident insurance coverage, or in the fixing of rates, to prohibit discrimination against any individual on the basis of genetic information or the refusal to submit to a genetic test in the issuance, withholding, extension, or renewal of any life insurance, annuity, or disability income insurance, to allow the commissioner to issue a cease and desist order if he has reason to believe that unfair discrimination has occurred; create a new section of Subtitle 12 of KRS Chapter 304 to prohibit a person from obtaining genetic information without first obtaining informed consent from the individual or the individual's representative with certain exceptions; create a new section of Subtitle 12 of KRS Chapter 304 to prohibit a person from retaining genetic information without first obtaining informed consent from the individual or the individual's representative with certain exceptions, to establish that the DNA sample of an individual from which genetic information has been obtained will be immediately destroyed upon request of the individual or the individual's representative with certain exceptions; create a new section of Subtitle 12 of KRS Chapter 304 to prohibit a person from disclosing genetic information or the identity of an individual upon whom a genetic test has been performed or to disclose genetic information in a way that permits the identification the individual with certain exceptions; create a new section of Subtitle 12 of KRS Chapter 304 to establish that a person that performs genetic testing or receives records, results or findings will provide the individual tested with notice that the test was performed and the results received; and create a new section of Subtitle 12 of KRS Chapter 304 to establish that a person who violates the disclosure provisions can be punished with a fine of $1,000, a prison term of 6 months, or both, to establish that a person who willfully discloses an individual's genetic information to a third party can be punished with a fine of $5,000, a prison term of 1 year, or both, and to establish that a person who violates the disclosure provisions can be liable to the individual for all actual damages proximately caused by the disclosure.

     Feb 20-introduced in Senate
     Feb 23-to Health and Welfare (S)


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