SENATE BILL NO. 591


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



        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   (MCL 333.1101 to 333.25211) by adding section 21072a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 21072A.  (1) A HEALTH MAINTENANCE ORGANIZATION SHALL

 2    NOT REQUIRE AN ENROLLEE OR HIS OR HER DEPENDENT OR AN ASYMPTOM-

 3    ATIC APPLICANT FOR COVERAGE OR HIS OR HER ASYMPTOMATIC DEPENDENT

 4    TO DO EITHER OF THE FOLLOWING:

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

 6    CONTINUING A HEALTH MAINTENANCE ORGANIZATION CONTRACT.

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

 8    THE RESULTS OF GENETIC TESTING OR GENETIC INFORMATION.

 9         (2) THIS SECTION DOES NOT PROHIBIT A HEALTH MAINTENANCE

10    ORGANIZATION FROM REQUIRING AN APPLICANT FOR COVERAGE TO ANSWER

11    QUESTIONS CONCERNING FAMILY HISTORY.


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 1         (3) AS USED IN THIS SECTION:

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

 3         (i) PREDICTED RISK OF DISEASES.

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

 5         (iii) ESTABLISHING PRENATAL AND CLINICAL DIAGNOSIS OR

 6    PROGNOSIS.

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

 8    AS TESTING IN HIGH-RISK FAMILIES.

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

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

11    SUGGESTS THE PRESENCE OF HERITABLE MUTATIONS IN SINGLE GENES.

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

13    PRESYMPTOMATIC GENETIC CONDITION.

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

15    GENE PRODUCT, OR INHERITED CHARACTERISTIC DERIVED FROM A GENETIC

16    TEST.

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

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

19    HERITABLE OR SOMATIC DISEASE-RELATED GENOTYPES OR KARYOTYPES FOR

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

21    THE SCIENTIFIC AND MEDICAL COMMUNITIES AS BEING SPECIFICALLY

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

23    OR CHROMOSOME IN ORDER TO QUALIFY UNDER THIS DEFINITION.











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