LRBa1820/1
DAK&JEO:skg:ch
1995 - 1996 LEGISLATURE
ASSEMBLY AMENDMENT 18,
To ASSEMBLY SUBSTITUTE AMENDMENT 1,
To 1995 ASSEMBLY BILL 441
September 21, 1995 - Offered by Representative Schneider.
AB441-ASA1-AA18,1,4
21. Page 1, line 6: delete "and providing a penalty" and substitute: ", the use
3of genetic tests by insurers, prohibiting requiring a woman to obtain an abortion
4based on the results of genetic testing of the fetus and providing penalties.".
AB441-ASA1-AA18,1,7
7631.89 (title)
Restrictions on the use of genetic test results tests.
AB441-ASA1-AA18, s. 10h
8Section 10h. 631.89 (1) of the statutes is renumbered 631.89 (1) (intro.) and
9amended to read:
AB441-ASA1-AA18,1,1010
631.89
(1) (intro.) In this section
, "genetic:
AB441-ASA1-AA18,1,15
11(a) "Genetic test" means a test
using deoxyribonucleic acid extracted from an
12individual's cells in order, including a physical examination of an individual or an
13examination of the family history of an individual, to determine
the presence of a
14genetic disease or disorder or the individual's predisposition for a particular any of
15the following:
AB441-ASA1-AA18,2,1
11. Whether an individual has a genetic disease or disorder.
AB441-ASA1-AA18,2,43
631.89
(1) (a) 2. Whether an individual is predisposed to a genetic disease or
4disorder.
AB441-ASA1-AA18,2,66
631.89
(1) (b) "Individual" includes an unborn child.
AB441-ASA1-AA18,2,88
631.89
(1) (c) "Unborn child" has the meaning given in s. 20.927 (4).
AB441-ASA1-AA18,2,1410
631.89
(1) (d) "Underwriting process" means the process of risk evaluation and
11selection conducted by an insurer, or a person providing health care services for
12individuals on a self-insured basis, with respect to an individual who is covered
13under a policy or enrolled in a plan or who is seeking coverage under a policy or
14enrollment in a plan.
AB441-ASA1-AA18,2,1816
631.89
(2) (intro.) An insurer
that offers health care coverage, or a county, city,
17village or school board that provides health care services for individuals on a
18self-insured basis, may not
, in its underwriting process, do any of the following:
AB441-ASA1-AA18, s. 10p
20Section 10p. 631.89 (2) (c) of the statutes is renumbered 631.89 (2) (am) and
21amended to read:
AB441-ASA1-AA18,2,2522
631.89
(2) (am) Condition the provision of insurance coverage or health care
23benefits on whether an individual or a member of the individual's family
, including
24an unborn child, has obtained a genetic test or what the results of
the any such test
,
25if obtained by the individual or a member of the individual's family, were.
AB441-ASA1-AA18, s. 10q
1Section 10q. 631.89 (2) (d) of the statutes is renumbered 631.89 (2) (bm) and
2amended to read:
AB441-ASA1-AA18,3,73
631.89
(2) (bm) Consider
, in the determination of rates or any other aspect of
4insurance coverage or health care benefits provided to an individual
, whether an
5individual or a member of the individual's family
, including an unborn child, has
6obtained a genetic test or what the results of
the
any such test
, if obtained by the
7individual or a member of the individual's family, were.
AB441-ASA1-AA18,3,14
11940.16 Requiring abortion prohibited. Whoever requires that or requests
12directly or indirectly that a woman obtain an abortion because of the results of a
13genetic test, as defined in s. 631.89 (1) (a), performed on the woman's fetus is guilty
14of a Class D felony.
AB441-ASA1-AA18,3,17
16(1) Prohibition on requiring an abortion. The treatment of section 940.16 of
17the statutes first applies to acts occurring on the effective date of this subsection.".
