REPORT TITLE:
Discrimination, Genetics


DESCRIPTION:
Prohibits discrimination in employment due to an individual's
genetic information.  Prohibits requiring genetic testing as a
prerequisite for health, life, and long-term care insurance.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            1372        
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO DISCRIMINATION IN EMPLOYMENT.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 378, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "378-    Additional discrimination practice unlawful.  (a)
 
 5 Except as otherwise provided in this chapter, it shall be an
 
 6 unlawful discriminatory practice, because of an individual's:
 
 7      (1)  Genetic information including genetic information of
 
 8           any family member of an individual; or
 
 9      (2)  Refusal to take a genetic test or otherwise submit to a
 
10           genetic test,
 
11 for any employer to refuse to hire or employ, or bar or discharge
 
12 from employment, or otherwise discriminate against any individual
 
13 in the individual's compensation, terms, conditions, or
 
14 privileges of employment.
 
15      (b)  Nothing in this section shall prohibit an employer
 
16 from:
 
17      (1)  Refusing to hire or discharging an employee who,
 
18           because of the employee's genetic information, is
 
19           unable to perform the individual's essential duties
 

 
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 1           even with reasonable accommodation, or cannot perform
 
 2           those duties in a manner that would not endanger the
 
 3           individual's health or safety or the health or safety
 
 4           of others, even with reasonable accommodation; or
 
 5      (2)  Making, in connection with prospective employment, an
 
 6           inquiry as to, or a request for information regarding,
 
 7           the genetic information of an individual, if the
 
 8           inquiry or request is directly related and
 
 9           substantially pertinent to the position the individual
 
10           is applying for, or directly related to a determination
 
11           whether the individual would endanger the individual's
 
12           or another's health or safety."
 
13      SECTION 2.  Section 378-1, Hawaii Revised Statutes, is
 
14 amended by adding three new definitions to be appropriately
 
15 inserted and to read as follows:
 
16      ""Family member" means, with respect to a certain
 
17 individual, another individual related by blood to that
 
18 individual.
 
19      "Genetic information" means information about genes, gene
 
20 products, hereditary susceptibility to disease, or inherited
 
21 characteristics that may derive from the individual or family
 
22 member.
 
23      "Genetic test" means a laboratory test which is generally
 

 
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 1 accepted in the scientific and medical communities for the
 
 2 determination of the presence or absence of genetic information."
 
 3      SECTION 3.  Chapter 431, article 10A, Hawaii Revised
 
 4 Statutes, is amended by adding a new section to part II to be
 
 5 appropriately designated and to read as follows:
 
 6      "431:10A-    Genetic testing as a condition for coverage.
 
 7 (a)  No insurer shall require any insured, beneficiary, or
 
 8 applicant for coverage to undergo any genetic testing or to
 
 9 present to the insurer the results of the tests to obtain
 
10 benefits, coverage, or renewed coverage under a policy.
 
11      (b)  For the purposes of this section, "genetic test" means
 
12 a laboratory test which is generally accepted in the scientific
 
13 and medical communities for the determination of the presence or
 
14 absence of genetic information."
 
15      SECTION 4.  Chapter 431, article 10A, Hawaii Revised
 
16 Statutes, is amended by adding a new section to part IV to be
 
17 appropriately designated and to read as follows:
 
18      "431:10A-    Genetic testing as a condition for coverage.
 
19 (a)  No insurer shall require any insured, beneficiary, or
 
20 applicant for coverage to undergo any genetic testing or to
 
21 present to the insurer the results of the tests to obtain
 
22 benefits, coverage, or renewed coverage under a policy.
 
23      (b)  For the purposes of this section, "genetic test" means
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 a laboratory test which is generally accepted in the scientific
 
 2 and medical communities for the determination of the presence or
 
 3 absence of genetic information."
 
 4      SECTION 5.  Chapter 431, article 10A, Hawaii Revised
 
 5 Statutes, is amended by adding a new section to part V to be
 
 6 appropriately designated and to read as follows:
 
 7      "431:10A-    Genetic testing as a condition for coverage.
 
 8 (a)  No insurer shall require any insured, beneficiary, or
 
 9 applicant for coverage to undergo any genetic testing or to
 
10 present to the insurer the results of the tests to obtain
 
11 benefits, coverage, or renewed coverage under a policy.
 
12      (b)  For the purposes of this section, "genetic test" means
 
13 a laboratory test which is generally accepted in the scientific
 
14 and medical communities for the determination of the presence or
 
15 absence of genetic information."
 
16      SECTION 6.  Chapter 431, article 10D, Hawaii Revised
 
17 Statutes, is amended by adding a new section to part I to be
 
18 appropriately designated and to read as follows:
 
19      "431:10D-    Genetic testing as a condition for coverage.
 
20 (a)  No insurer shall require any insured, beneficiary, or
 
21 applicant for coverage to undergo any genetic testing or to
 
22 present to the insurer the results of the tests to obtain
 
23 benefits, coverage, or renewed coverage under a policy.
 

 
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 1      (b)  For the purposes of this section, "genetic test" means
 
 2 a laboratory test which is generally accepted in the scientific
 
 3 and medical communities for the determination of the presence or
 
 4 absence of genetic information."
 
 5      SECTION 7.  Chapter 431, article 10D, Hawaii Revised
 
 6 Statutes, is amended by adding a new section to part II to be
 
 7 appropriately designated and to read as follows:
 
 8      "431:10D-    Genetic testing as a condition for coverage.
 
 9 (a)  No insurer shall require any insured, beneficiary, or
 
10 applicant for coverage to undergo any genetic testing or to
 
11 present to the insurer the results of the tests to obtain
 
12 benefits, coverage, or renewed coverage under a policy.
 
13      (b)  For the purposes of this section, "genetic test" means
 
14 a laboratory test which is generally accepted in the scientific
 
15 and medical communities for the determination of the presence or
 
16 absence of genetic information."
 
17      SECTION 8.  Chapter 431, article 10D, Hawaii Revised
 
18 Statutes, is amended by adding a new section to part III to be
 
19 appropriately designated and to read as follows:
 
20      "431:10D-    Genetic testing as a condition for coverage.
 
21 (a)  No insurer shall require any insured, beneficiary, or
 
22 applicant for coverage to undergo any genetic testing or to
 
23 present to the insurer the results of the tests to obtain
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 benefits, coverage, or renewed coverage under a policy.
 
 2      (b)  For the purposes of this section, "genetic test" means
 
 3 a laboratory test which is generally accepted in the scientific
 
 4 and medical communities for the determination of the presence or
 
 5 absence of genetic information."
 
 6      SECTION 9.  Chapter 432, article 2, Hawaii Revised Statutes,
 
 7 is amended by adding a new section to be appropriately designated
 
 8 and to read as follows:
 
 9      "432:2-     Genetic testing as a condition for coverage.
 
10 (a)  Notwithstanding any provision of law to the contrary, no
 
11 employer group health policy, contract, plan, or agreement issued
 
12 or renewed in this State on or after January 1, 2000, shall
 
13 require any subscriber or any dependent of the subscriber to
 
14 present to the fraternal benefit society the results of the tests
 
15 to obtain benefits, coverage, or renewed coverage under a policy,
 
16 contract, plan, or agreement.
 
17      (b)  For the purposes of this section, "genetic test" means
 
18 a laboratory test which is generally accepted in the scientific
 
19 and medical communities for the determination of the presence or
 
20 absence of genetic information."
 
21      SECTION 10.  New statutory material is underscored.
 

 
 
 
 
 
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 1      SECTION 11.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________