Report Title:

Employment 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.

THE SENATE

S.B. NO.

2180

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO GENETIC INFORMATION AND GENETIC TESTING.

 

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

SECTION 1. Chapter 378, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"378- Additional discrimination practice unlawful. (a) Except as otherwise provided in this chapter, it shall be an unlawful discriminatory practice for any employer to refuse to hire or employ, or bar or discharge from employment, or otherwise discriminate against any individual in the individual's compensation, terms, conditions, or privileges of employment because of that individual's:

(1) Genetic information including genetic information of any family member of an individual; or

(2) Refusal to take a genetic test or otherwise submit to a genetic test,

(b) Nothing in this section shall prohibit an employer from:

(1) Refusing to hire, or discharging an employee who, because of the employee's genetic information, even with reasonable accommodation:

(A) Is unable to perform the individual's essential duties; or

(B) Cannot perform those duties in a manner that would not endanger the individual's health or safety or the health or safety of others; or

(2) Making, in connection with prospective employment, an inquiry as to, or a request for information regarding, the genetic information of an individual, if the inquiry or request is directly related and substantially pertinent to the position the individual is applying for, or directly related to a determination whether the individual would endanger the individual's or another's health or safety."

SECTION 2. Section 378-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Family member" means, with respect to a certain individual, another individual related by blood to that individual.

"Genetic information" means information about genes, gene products, hereditary susceptibility to disease, or inherited characteristics that may derive from the individual or family member.

"Genetic test" means a laboratory test which is generally accepted in the scientific and medical communities for the determination of the presence or absence of genetic information."

SECTION 3. Chapter 431, article 10A, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"431:10A-   Genetic testing as a condition for coverage. (a) No insurer shall require any insured, beneficiary, or applicant for coverage to undergo any genetic testing or to present to the insurer the results of the tests to obtain benefits, coverage, or renewed coverage under a policy.

(b) For the purposes of this section, "genetic test" means a laboratory test which is generally accepted in the scientific and medical communities for the determination of the presence or absence of genetic information."

SECTION 4. Chapter 431, article 10A, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"431:10A-   Genetic testing as a condition for coverage. (a) No insurer shall require any insured, beneficiary, or applicant for coverage to undergo any genetic testing or to present to the insurer the results of the tests to obtain benefits, coverage, or renewed coverage under a policy.

(b) For the purposes of this section, "genetic test" means a laboratory test which is generally accepted in the scientific and medical communities for the determination of the presence or absence of genetic information."

SECTION 5. Chapter 431, article 10D, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"431:10D-   Genetic testing as a condition for coverage. (a) No insurer shall require any insured, beneficiary, or applicant for coverage to undergo any genetic testing or to present to the insurer the results of the tests to obtain benefits, coverage, or renewed coverage under a policy.

(b) For the purposes of this section, "genetic test" means a laboratory test which is generally accepted in the scientific and medical communities for the determination of the presence or absence of genetic information."

SECTION 6. Chapter 431, article 10D, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

"431:10D- Genetic testing as a condition for coverage. (a) No insurer shall require any insured, beneficiary, or applicant for coverage to undergo any genetic testing or to present to the insurer the results of the tests to obtain benefits, coverage, or renewed coverage under a policy.

(b) For the purposes of this section, "genetic test" means a laboratory test which is generally accepted in the scientific and medical communities for the determination of the presence or absence of genetic information."

SECTION 7. Chapter 431, article 10D, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"431:10D- Genetic testing as a condition for coverage. (a) No insurer shall require any insured, beneficiary, or applicant for coverage to undergo any genetic testing or to present to the insurer the results of the tests to obtain benefits, coverage, or renewed coverage under a policy.

(b) For the purposes of this section, "genetic test" means a laboratory test which is generally accepted in the scientific and medical communities for the determination of the presence or absence of genetic information."

SECTION 8. Chapter 431, article 10H, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"431:10H- Genetic testing as a condition for coverage. (a) No insurer shall require any insured, beneficiary, or applicant for coverage to undergo any genetic testing or to present to the insurer the results of the tests to obtain benefits, coverage, or renewed coverage under a policy.

(b) For the purposes of this section, "genetic test" means a laboratory test which is generally accepted in the scientific and medical communities for the determination of the presence or absence of genetic information."

SECTION 9. Chapter 432, article 2, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"432:2- Genetic testing as a condition for coverage. (a) Notwithstanding any provision of law to the contrary, no employer group health policy, contract, plan, or agreement issued or renewed in this State on or after January 1, 2000, shall require any subscriber or any dependent of the subscriber to present to the fraternal benefit society the results of the tests to obtain benefits, coverage, or renewed coverage under a policy, contract, plan, or agreement.

(b) For the purposes of this section, "genetic test" means a laboratory test which is generally accepted in the scientific and medical communities for the determination of the presence or absence of genetic information."

SECTION 10. New statutory material is underscored.

SECTION 11. This Act shall take effect upon its approval.

INTRODUCED BY:

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