REPORT TITLE:
Discrimination, genetics


DESCRIPTION:
Prohibits discrimination in employment due to an individual's
genetic information or refusal to take or submit to a genetic
test.  Prohibits requiring genetic testing as a prerequisite for
health, life, and long-term care insurance.  (HB1372 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1372
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   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
 

 
Page 2                                                     1372
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 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.
 

 
 
 
Page 3                                                     1372
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "Genetic test" means a laboratory test which is generally
 
 2 accepted in the scientific and medical communities for the
 
 3 determination of the presence or absence of genetic information."
 
 4      SECTION 3.  Section 431:10A-118, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]431:10A-118[]]  Genetic information nondiscrimination
 
 7 in health insurance coverage.(a)  No insurer under any
 
 8 provision of this chapter may:
 
 9      (1)  Use an individual's or a family member's genetic
 
10           information, or request for genetic services, to deny
 
11           or limit any coverage or establish eligibility,
 
12           continuation, enrollment, or premium payments;
 
13      (2)  Request or require collection or disclosure of an
 
14           individual's or a family member's genetic information;
 
15           or
 
16      (3)  Disclose an individual's or a family member's genetic
 
17           information without the written consent of the person
 
18           affected, the person's legal guardian, or a person with
 
19           power of attorney for health care for the person
 
20           affected.  This consent shall be required for each
 
21           disclosure and shall include the name of each person or
 
22           organization to whom the disclosure will be made.
 
23      (b)  As used in this section:
 

 
Page 4                                                     1372
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      "Family member" means, with respect to the individual,
 
 2 another individual related by blood to that individual.
 
 3      "Genetic information" means information about genes, gene
 
 4 products, hereditary susceptibility to disease, or inherited
 
 5 characteristics that may derive from the individual or family
 
 6 member.
 
 7      "Genetic services" means health services to obtain, assess,
 
 8 or interpret genetic information for diagnosis, therapy, or
 
 9 genetic counseling.
 
10      "Genetic test" means a laboratory test which is generally
 
11 accepted in the scientific and medical communities for the
 
12 determination of the presence or absence of genetic information.
 
13      (c)  [This section shall not apply to any action taken in
 
14 connection with] No insurer under any provision of this chapter
 
15 may issue policies or certificates of life insurance, disability
 
16 income insurance, and long-term care insurance [delivered or
 
17 issued for delivery] in this State[.] based on an individual's
 
18 genetic information or the results of any genetic test unless:
 
19      (1)  The information or test results establishing the risks
 
20           to the individual insured are reviewed and approved by
 
21           a genetics professional who is board certified by the
 
22           American Board of Medical Genetics or the American
 
23           Board of Genetic Counseling; and
 

 
Page 5                                                     1372
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  The terms and conditions of the policy or certificate
 
 2           are derived from the application of established
 
 3           underwriting standards to the risks established under
 
 4           paragraph (1)."
 
 5      SECTION 4.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 5.  This Act shall take effect upon its approval.