SENATE BILL NO. 590


   May 11, 1999, Introduced by Senators SHUGARS, SCHWARZ, GOSCHKA,
        HAMMERSTROM, JOHNSON, GOUGEON, SIKKEMA and MC COTTER and
        referred to the Committee on Health Policy.



        A bill to amend 1956 PA 218,

   "The insurance code of 1956,"

   (MCL 500.100 to 500.8302) by adding section 3407b.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 3407B.  (1) AN EXPENSE-INCURRED HOSPITAL, MEDICAL, OR

 2    SURGICAL POLICY OR CERTIFICATE DELIVERED, ISSUED FOR DELIVERY, OR

 3    RENEWED IN THIS STATE SHALL NOT REQUIRE AN INSURED OR HIS OR HER

 4    DEPENDENT OR AN ASYMPTOMATIC APPLICANT FOR INSURANCE OR HIS OR

 5    HER ASYMPTOMATIC DEPENDENT TO DO EITHER OF THE FOLLOWING:

 6         (A) UNDERGO GENETIC TESTING BEFORE ISSUING, RENEWING, OR

 7    CONTINUING THE POLICY OR CERTIFICATE IN THIS STATE.

 8         (B) DISCLOSE WHETHER GENETIC TESTING HAS BEEN CONDUCTED OR

 9    THE RESULTS OF GENETIC TESTING OR GENETIC INFORMATION.

10         (2) THIS SECTION DOES NOT PROHIBIT AN INSURER FROM REQUIRING

11    AN APPLICANT FOR AN EXPENSE-INCURRED HOSPITAL, MEDICAL, OR


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                                   2

 1    SURGICAL POLICY OR CERTIFICATE TO ANSWER QUESTIONS CONCERNING

 2    FAMILY HISTORY.

 3         (3) AS USED IN THIS SECTION:

 4         (A) "CLINICAL PURPOSES" INCLUDES ALL OF THE FOLLOWING:

 5         (i) PREDICTED RISK OF DISEASES.

 6         (ii) IDENTIFYING CARRIERS FOR SINGLE-GENE DISORDERS.

 7         (iii) ESTABLISHING PRENATAL AND CLINICAL DIAGNOSIS OR

 8    PROGNOSIS.

 9         (iv) PRENATAL, NEWBORN, AND OTHER CARRIER SCREENING, AS
             WELL

10    AS TESTING IN HIGH-RISK FAMILIES.

11         (v) TESTS FOR METABOLITES IF UNDERTAKEN WITH HIGH
             PROBABIL-

12    ITY THAT AN EXCESS OR DEFICIENCY OF THE METABOLITE INDICATES OR

13    SUGGESTS THE PRESENCE OF HERITABLE MUTATIONS IN SINGLE GENES.

14         (vi) OTHER TESTS IF THEIR INTENDED PURPOSE IS DIAGNOSIS
             OF A

15    PRESYMPTOMATIC GENETIC CONDITION.

16         (B) "GENETIC INFORMATION" MEANS INFORMATION ABOUT A GENE,

17    GENE PRODUCT, OR INHERITED CHARACTERISTIC DERIVED FROM A GENETIC

18    TEST.

19         (C) "GENETIC TEST" MEANS THE ANALYSIS OF HUMAN DNA, RNA,

20    CHROMOSOMES, PROTEINS, AND CERTAIN METABOLITES IN ORDER TO DETECT

21    HERITABLE OR SOMATIC DISEASE-RELATED GENOTYPES OR KARYOTYPES FOR

22    CLINICAL PURPOSES.  A GENETIC TEST MUST BE GENERALLY ACCEPTED IN

23    THE SCIENTIFIC AND MEDICAL COMMUNITIES AS BEING SPECIFICALLY

24    DETERMINATIVE FOR THE PRESENCE OR ABSENCE OF A MUTATION OF A GENE

25    OR CHROMOSOME IN ORDER TO QUALIFY UNDER THIS DEFINITION.







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