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Florida enacts DNA privacy law prohibiting use of genetic information for insurance policies

The US state of Florida on July 1 enacted a DNA privacy law prohibiting life, disability, and long-term insurance companies from using genetic information in providing coverage and deciding premiums. This was first reported by the Washington Examiner. These specific insurers cannot deny coverage, limit, or cancel insurance plans, or even prescribe different premiums based on genetic information or DNA in Florida. In fact, such players cannot require or solicit genetic information or use genetic test results in any manner for insurance. However, individuals still can volunteer DNA information from third-party tests to insurers. The US already has a framework prohibiting the use of genetic information for health insurance, but does not specifically protect insurance outside of health, such as for life, long-term health, and disability income insurance policies. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) prohibits health insurers from making coverage decisions solely on the basis of genetic information. The Genetic Information Nondiscrimination Act (GINA) 2008, further prohibits insurers from using genetic information in the underwriting process, and in setting premiums. The law applies to all new and renewed policies after January 21, 2020. House Bill 1189, sponsored by Representative Chris Sprowls, came into effect on July 1, after Florida governor Ron DeSantis approved the bill on June 30. It was passed by the Florida House of Representatives on March 12, 2020. https://twitter.com/ChrisSprowls/status/1238146741892976640 The definition of genetic information in the bill includes: any variations and mutations, an individual’s carrier status, or genes that may indicate the probability…

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