SRC-TNM C.S.S.B. 98 75(R) BILL ANALYSIS


Senate Research CenterC.S.S.B. 98
By: Zaffirini
Economic Development
3-19-97
Committee Report (Substituted)


DIGEST 

Currently, persons may choose not to undergo genetic testing because they
fear results will be released to employers and/or insurers who will use
this information to discriminate in employment practices or insurance
coverage.  S.B. 98 prohibits the use of genetic-test information to
discriminate against persons in the workplace or to deny persons insurance
coverage and prohibits disclosing that information without authorization
from the individuals who were tested. 

PURPOSE

As proposed, C.S.S.B. 98 outlines provisions and provides an
administrative penalty relating to a prohibition of discrimination in the
determination of eligibility for employment and coverage under certain
group health benefit plans based on the use of certain genetic tests and
to limitations on the use of information derived from those tests. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to the commissioner of insurance under
SECTION 2 (Section 4(b), Insurance Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 21, Labor Code, by adding Subchapter H, as
follows: 

SUBCHAPTER H. DISCRIMINATORY USE OF GENETIC INFORMATION

Sec. 21.401. DEFINITIONS. Defines "DNA," "genetic information," "genetic
test," and "RNA." 

Sec. 21.402. DISCRIMINATORY USE OF GENETIC INFORMATION PROHIBITED. Sets
forth the conditions under which an employee, a labor organization, or an
employment agency commits an unlawful practice regarding the use of
genetic information. 

Sec. 21.403. INFORMATION CONFIDENTIAL; EXCEPTIONS. Provides that genetic
information is confidential and privileged and the holder of that
information is prohibited from disclosing genetic information about an
individual unless authorized by the individual to do so.  Sets forth the
provisions by which the disclosure of genetic information is authorized. 

Sec. 21.404. RIGHT TO KNOW TEST RESULTS. Provides that an individual who
submits to a genetic test has the right to know the results of that test.
Requires the entity that performed the test to disclose the test results
to the individual or to a physician designated by the individual on the
written request of the individual. 

Sec. 21.405. RETENTION OF SAMPLE. Sets forth instances in which  a sample
of genetic material taken for a genetic test from an individual is not
required to be destroyed after the purpose for which the sample was taken
is accomplished. 

SECTION 2. Amends Chapter 21E, Insurance Code, by adding Article 21.73, as
follows: 
 
Art. 21.73. USE OF GENETIC TESTING INFORMATION BY INSURERS  

Sec. 1. DEFINITIONS. Defines "DNA,"  "genetic information,"  "genetic
test," "group health benefit plan," and "RNA."  

Sec. 2. SCOPE OF ARTICLE. Sets forth certain group health benefit plans to
which this article applies.  Sets forth certain plans to which this
article does not apply.   

Sec. 3. USE OF GENETIC INFORMATION BY GROUP HEALTH BENEFIT PLAN. Prohibits
the issuer of a group health benefit plan from discriminating against a
person as a result of genetic information. 

Sec. 4. INFORMATION CONFIDENTIAL; EXCEPTIONS. Provides that genetic
information is confidential and privileged and the holder of that
information is prohibited from disclosing genetic information about an
individual unless authorized by the individual to do so.  Sets forth
provisions by which the disclosure of genetic information is authorized.  

Sec. 5. RIGHT TO KNOW TEST RESULTS. Provides that an individual who
submits to a genetic test has the right to know the results of that test.
Requires the issuer of the group health benefit plan or other entity that
performed the test to disclose the test results to the individual or to a
physician designated by the individual on the written request of the
individual. 

Sec. 6. RETENTION OF A SAMPLE. Makes a conforming change.

Sec. 7. UNFAIR PRACTICE; REMEDIES. Provides that an issuer of a group
health benefit plan that requires an individual to submit to a genetic
test or that uses or reveals genetic information in violation of the
requirements of this article commits an unfair practice under Article
21.21 of this code and is liable to the individual as provided by that
article. 

Sec. 8. CEASE AND DESIST ORDER; ADMINISTRATIVE PENALTY. Authorizes the
commissioner of insurance (commissioner) to enter a cease and desist order
in the manner provided under Article 1.10A of this code on a finding by
the commissioner that the insurer of a group health benefit plan is in
violation of this article.  Authorizes the commissioner, in the manner
provided by this code and the other insurance laws of this state, to
revoke or suspend the entity's certificate of authority or other
authorization to engage in the operation of a group health benefit plan in
this state if the issuer of the plan refuses or fails to comply with the
cease and desist order.  Provides that an issuer of a group health benefit
plan that operates the plan in violation of this article is subject to an
administrative penalty as provided by Article 1.10E of this code.  

SECTION 3. Effective date: September 1, 1997.

SECTION 4. Makes application of this Act prospective to January 1, 1998.

SECTION 5. Emergency clause.

SUMMARY OF COMMITTEE CHANGES

Amends proposed relating clause.

SECTION 1.

Amends Chapter 21, Labor Code, to delete the definition of "genetic
characteristic," define "DNA," and "RNA" and to redefine previous
definitions.  Adds an exception and text regarding confidential
information.  Adds text regarding the right to know test results. Deletes
text regarding retention of genetic sample material by the individual.
Makes nonsubstantive deletions.  

 
SECTION 2. 

Amends Chapter 21E, Insurance Code, to delete the definitions of "genetic
characteristic" and "insurer" and to define "group health benefit plan."
Adds text regarding the scope of Art. 21.73, V.T.C.S., and rulemaking
authority.  Adds text regarding unfair practice and provides remedies for
unfair practices for an issuer of a group health benefit plan.  Adds text
and provides an administrative penalty regarding a cease and desist order.
Makes conforming and nonsubstantive additions and deletions.   

SECTION 4. 

 Provides that a certain Act applies only to a group health benefit plan.
Makes a nonsubstantive deletion.