Florida’s New DNA Privacy Law Blocks Insurers from Genetic Data

Florida has recently enacted HB 1189, which prohibits insurers from canceling, limiting, or denying coverage, or establishing differentials in premium rates based on genetic information, and prohibits such insurers from taking certain actions relating to genetic information for any insurance purpose.

Genetic testing, including direct-to-consumer DNA testing kits, provide consumers with information on diseases or disorders to which they may be genetically inclined.  The federal Genetic Information Nondiscrimination Act of 2008 already protects Americans from discrimination based on their genetic information in both health insurance and employment.  Specifically, health insurers may not use genetic information to determine if someone is eligible for insurance or to make coverage, underwriting or premium-setting decisions. Furthermore, health insurers may not request or require individuals or their family members to undergo genetic testing or to provide genetic information.

The new Florida law extends discrimination prohibition to life, long-term care, and certain disability insurers.  Specifically, the law prohibits insurance companies from cancelling, limiting, or denying coverage, or establishing differentials in premium rates based on the information derived from genetic testing.  Furthermore, insurance companies are prohibited from requiring or soliciting genetic information, using genetic test results, or considering a person’s decision or actions relating to genetic testing in any manner for any insurance purposes.  The insurers, however, can still consider medical diagnosis of a condition related to genetic information.  The individuals can also volunteer genetic information from third party tests to their insurance companies.   HB 1189 took effect on July 1, 2020.

Genetic data is typically considered to be “sensitive” personal information and its processing more restricted and regulated by privacy laws.  A number of states, including Florida, require informed consent for a third party to perform, require, or obtain genetic information and informed consent to disclose such information.

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