LRB-1615/1
PJK:skg:jlb
1995 - 1996 LEGISLATURE
March 17, 1995 - Introduced by Representatives Schneider, Albers, Bell, Boyle,
Carpenter, Grobschmidt, Gronemus, Hasenohrl, La Fave, Lorge, Musser,
Wilder, R. Young and
Ziegelbauer. Referred to Committee on Insurance,
Securities and Corporate Policy.
AB227,1,4
1An Act to repeal 631.89 (2) (a) and (b) and 631.89 (3);
to renumber and amend
2631.89 (1), 631.89 (2) (c) and 631.89 (2) (d);
to amend 631.89 (title) and 631.89
3(2) (intro.); and
to create 631.89 (1) (a) 2., 631.89 (1) (b), 631.89 (1) (c) and
4631.89 (1) (d) of the statutes;
relating to: the use of genetic tests by insurers.
Analysis by the Legislative Reference Bureau
Under current law, an insurer may not require or request an individual or a
member of the individual's family to obtain a genetic test, or require or request an
individual to reveal whether he or she or a family member has obtained a genetic test
or what the results of such a test, if obtained, were. An insurer may not condition
insurance coverage on, or consider in the determination of rates or any other aspect
of insurance coverage, whether an individual or a member of the individual's family
has obtained a genetic test or what the test results were. These prohibitions also
apply to a county, city, village or school board that provides health care benefits for
its employes on a self-insured basis, but do not apply to an insurer writing life or
income continuation insurance. A genetic test is defined as a test using
deoxyribonucleic acid (DNA) to determine the presence of or predisposition for a
genetic disease or disorder.
The bill broadens the definition of a genetic test by deleting the criterion that
such a test use DNA. The definition specifies that such a test may be a physical
examination or an examination of family history. The definition under the bill
focuses on the purpose of the test: to determine whether an individual has or is
predisposed to a genetic disease or disorder.
The bill specifies that the word "individual", when used in the provisions
related to the use of genetic tests by insurers, includes an unborn child, and that a
family member of an individual includes an unborn child.
The bill deletes the provisions that prohibit insurers from requiring or
requesting an individual or an individual's family member to obtain a genetic test
or to reveal whether such a test has been obtained and what the results were. The
remaining prohibitions, that coverage may not be conditioned on the basis of genetic
tests and that such tests may not be considered in the determination of rates or other
aspects of coverage, are made specific to insurers offering health care coverage and
counties, cities, villages and school boards providing health care services on a
self-insured basis. The bill also limits the application of those provisions to the
underwriting process, which is defined in the bill as the process of risk evaluation
and selection.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB227, s. 1
1Section
1. 631.89 (title) of the statutes is amended to read:
AB227,2,2
2631.89 (title)
Restrictions on the use of genetic test results tests.
AB227, s. 2
3Section
2. 631.89 (1) of the statutes is renumbered 631.89 (1) (intro.) and
4amended to read:
AB227,2,55
631.89
(1) (intro.) In this section
, "genetic:
AB227,2,10
6(a) "Genetic test" means a test
using deoxyribonucleic acid extracted from an
7individual's cells in order, including a physical examination of an individual or an
8examination of the family history of an individual, to determine
the presence of a
9genetic disease or disorder or the individual's predisposition for a particular any of
10the following:
AB227,2,11
111. Whether an individual has a genetic disease or disorder.
AB227, s. 3
12Section
3. 631.89 (1) (a) 2. of the statutes is created to read:
AB227,2,1413
631.89
(1) (a) 2. Whether an individual is predisposed to a genetic disease or
14disorder.
AB227, s. 4
15Section
4. 631.89 (1) (b) of the statutes is created to read:
AB227,2,1616
631.89
(1) (b) "Individual" includes an unborn child.
AB227, s. 5
17Section
5. 631.89 (1) (c) of the statutes is created to read:
AB227,2,1818
631.89
(1) (c) "Unborn child" has the meaning given in s. 20.927 (4).
AB227, s. 6
1Section
6. 631.89 (1) (d) of the statutes is created to read:
AB227,3,62
631.89
(1) (d) "Underwriting process" means the process of risk evaluation and
3selection conducted by an insurer, or a person providing health care services for
4individuals on a self-insured basis, with respect to an individual who is covered
5under a policy or enrolled in a plan or who is seeking coverage under a policy or
6enrollment in a plan.
AB227, s. 7
7Section
7. 631.89 (2) (intro.) of the statutes is amended to read:
AB227,3,108
631.89
(2) (intro.) An insurer
that offers health care coverage, or a county, city,
9village or school board that provides health care services for individuals on a
10self-insured basis, may not
, in its underwriting process, do any of the following:
AB227, s. 8
11Section
8. 631.89 (2) (a) and (b) of the statutes are repealed.
AB227, s. 9
12Section
9. 631.89 (2) (c) of the statutes is renumbered 631.89 (2) (am) and
13amended to read:
AB227,3,1714
631.89
(2) (am) Condition the provision of insurance coverage or health care
15benefits on whether an individual or a member of the individual's family
, including
16an unborn child, has obtained a genetic test or what the results of
the any such test
,
17if obtained by the individual or a member of the individual's family, were.
AB227, s. 10
18Section
10. 631.89 (2) (d) of the statutes is renumbered 631.89 (2) (bm) and
19amended to read:
AB227,3,2420
631.89
(2) (bm) Consider
, in the determination of rates or any other aspect of
21insurance coverage or health care benefits provided to an individual
, whether an
22individual or a member of the individual's family
, including an unborn child, has
23obtained a genetic test or what the results of
the
any such test
, if obtained by the
24individual or a member of the individual's family, were.
AB227, s. 11
1Section
11. 631.89 (3) of the statutes is repealed.
