SCLD Update
July 1998

Breast Cancer Detection
Cervical Cancer Detection
Ovarian Cancer Detection
Prostate Cancer Detection
Testicular Cancer Detection
Cancer-General
Genetics
Tobacco-Use Reduction
State-of-the-Art Treatment
Cancer Registries
Occupational Exposure
Erratum
Enacted Legislation and Adopted Resolutions

In Connecticut, S/S.B. 80 prohibits an employer, an employment agency, or a labor organization from: (1) requesting or requiring genetic information from an employee, a person seeking employment, or a member; or (2) discharging, expelling, or otherwise discriminating against any person on the basis of genetic information. Violation of this law is considered a discriminatory practice.

Maine passed a law (L.D. 1243) prohibiting employers from refusing to hire, discharging, or otherwise discriminating against an employee or applicant with respect to compensation, terms, or conditions of employment on the basis of that individual's: (1) genetic information; (2) refusal to submit to a genetic test; (3) refusal to make available the results of a genetic test; or (4) having received a genetic test or genetic counseling, except when based on a bona fide occupational qualification. The Maine Human Rights Commission must enforce the law. See the additional summary of this bill in the Genetics/Insurance Discrimination section.

Oklahoma's Genetic Nondiscrimination in Employment Act (H.B. 3169) prohibits employers from distinguishing between, discriminating against, or restricting any right or benefit otherwise due or available to a current or prospective employee (other than concerning the determination of insurance coverage or benefits) by: (1) seeking to obtain or using a current or prospective employee's genetic test or genetic information; or (2) requiring a genetic test of, or genetic information from, a current or prospective employee. Violation of this prohibition is a misdemeanor and may be punishable by a fine of up to $25,000, imprisonment for up to one year, or both. See the additional summary of this bill in the Genetics/Insurance Discrimination section.

Insurance Discrimination

In Maine, L.D. 1243 prohibits specified individual and group insurers, including HMOs, from discriminating against individuals or their dependents in issuing, withholding, or renewing insurance or in fixing insurance rates, terms, or conditions, based on: (1) genetic information; (2) refusal to submit to a genetic test; (3) refusal to make available the results of a genetic test; or (4) having received a genetic test or genetic counseling, except when based on a bona fide occupational qualification.

Moreover, L.D. 1243 prohibits specified individual and group insurers, including HMOs, from disclosing any personal information about a consumer collected or received in connection with an insurance transaction unless the disclosure is: (1) made with due consideration for the safety and reputation of all persons affected by the disclosure, (2) limited to the minimum amount of personal information necessary to accomplish a lawful purpose, and (3) made with the written authorization of the individual as required by the law. Disclosures may be made to entities other than specified insurers only in certain circumstances.

An insurance consumer who is injured by a disclosure of information relating to the consumer in violation of this law's limitations and conditions on disclosures may bring a superior court action against the specified insurer within two years after the disclosure is, or should have been, discovered. The consumer may recover damages, costs and disbursements, reasonable attorney's fees, and interest on damages. A person who knowingly obtains personal information under false pretenses from a specified insurer is guilty of a class D crime. See the additional summary of this bill in the Genetics/Employment Discrimination section.

The Genetic Nondiscrimination in Insurance Act in Oklahoma (H.B. 3169) prohibits specified insurers, including HMOs, preferred provider organizations (PPOs), and the State and Education Employees Group Health Insurance Plan, from requiring or requesting any individual or a member of the individual's family to obtain a genetic test. The Act also prohibits the insurers from conditioning the provision of a policy upon a requirement that an individual take a genetic test for the following purposes: (1) determining an individual's eligibility for insurance coverage; (2) establishing premiums; (3) limiting coverage; (4) renewing coverage; (5) terminating coverage; or (6) any other underwriting decision in connection with the offer, sale, or renewal or continuation of a policy, with certain exceptions. Any violation of these provisions is deemed an unfair practice. Any individual damaged by a violation of this law may recover equitable relief, which may include a retroactive order directing the insurer to provide insurance coverage under the same terms and conditions as would have applied had the violation not occurred. See the additional summary of this bill in the Genetics/Employment Discrimination section.

South Carolina enacted S.B. 535, which becomes effective November 22, 1998. The law prohibits specified insurers, including HMOs, from performing the following practices based on genetic information obtained about an individual or on the individual's request for genetic services: (1) terminating, restricting, limiting, or otherwise applying conditions to coverage; (2) restricting the sale to an individual; (3) requiring inclusion of a rider that excludes coverage for certain benefits and services; (4) canceling or refusing to renew coverage; (5) excluding an individual from coverage; (6) imposing a waiting period prior to commencement of coverage; or (7) establishing differential in premium rates.

Genetic information obtained before or after the effective date must be confidential and must not be disclosed to a third party in a manner that allows identification of the individual tested without first obtaining the individual's written informed consent, with certain exceptions. S.B. 535 also prohibits the performance of a genetic test on any biological sample taken from an individual without first obtaining the individual's specific informed consent, with certain exceptions.

Any violation of these provisions is an unfair trade practice and is subject to penalties provided by the law. Various remedies are available to any individual injured by a person's violation of these provisions.

The Wisconsin legislature amended its genetic insurance discrimination law with A.B. 157. The state is now prohibited, with respect to a self-insured health plan, from discriminating on the basis of an individual's or family member's genetic test or test results. Adding to the list of prohibited insurance practices, A.B. 157 prohibits specified insurers; the state, with respect to a self-insured health plan; and specified local, self-insured public employee health plans, from requiring or requesting that a health care provider reveal whether that individual or kin has obtained a genetic test, or if obtained, what the results of the test were.