2026 -- H 7861 | |
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LC005703 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2026 | |
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A N A C T | |
RELATING TO INSURANCE -- LIFE INSURANCE POLICIES AND RESERVES | |
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Introduced By: Representatives Giraldo, Alzate, Cruz, Donovan, and Morales | |
Date Introduced: February 27, 2026 | |
Referred To: House Corporations | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Legislative findings. |
2 | The Legislature hereby finds that: |
3 | (1) Recent advances in genetic science have led to improvements in the diagnosis, |
4 | treatment, and understanding of a significant number of human diseases; |
5 | (2) Genetic testing can help individuals take steps to avoid disease entirely or identify |
6 | disease earlier, maximizing an individual's health and lifespan and reducing health care costs for |
7 | patients, families, and communities in the long term; |
8 | (3) Concerns about ability to access insurance create a disincentive from seeking genetic |
9 | testing for some individuals, preventing the full realization of opportunity for genetic testing; |
10 | (4) The Genetic Information Nondiscrimination Act of 2008, 29 U.S.C. 1182, prohibits |
11 | genetic information from being used as a condition of eligibility, to set premium rates, or impose |
12 | preexisting condition exclusions for health insurance; |
13 | (5) The intent of section 2 of this act is to reduce barriers to the benefits of genetic testing |
14 | by protecting genetic information from being used to impact access to life insurance, group |
15 | disability insurance, or long-term care insurance coverage. |
16 | SECTION 2. Chapter 27-4 of the General Laws entitled "Life Insurance Policies and |
17 | Reserves" is hereby amended by adding thereto the following section: |
18 | 27-4-4.1. Use of genetic testing information prohibited. |
19 | (a) In the absence of clinical diagnosis of a condition, or manifestation of a disease, life |
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1 | insurers, disability insurers, and long-term care insurers shall not: |
2 | (1) Cancel, limit, or deny coverage, or establish differentials in premium rates based on |
3 | genetic information collected, used, or stored for healthcare treatment; or |
4 | (2) Require or solicit genetic information, use genetic test results, or consider an |
5 | individual's decision or action relating to genetic testing in any manner or for any purpose related |
6 | to life insurance, disability insurance, or long-term care insurance. |
7 | (b) For purposes of this section, the term “manifestation of a disease” means the outward |
8 | signs, symptoms, or physical evidence that a disease is present. |
9 | (c) Nothing in this section shall be construed to: |
10 | (1) Prevent life insurers, disability insurers, and long-term care insurers from reviewing an |
11 | individual's medical record as part of an application; |
12 | (2) Prohibit requiring an applicant for insurance coverage to answer questions regarding |
13 | family health history; or |
14 | (3) Prohibit a life insurer, disability insurer, or long-term care insurer from considering a |
15 | clinical diagnosis or manifestation of a disease included in an individual's medical record for |
16 | insurance purposes. |
17 | (d) For the purposes of this section: |
18 | (1) "Genetic information" has the same meaning as defined in § 27-18-52.1(c); and |
19 | (2) "Genetic test" has the same meaning as defined in section § 27-18-52(c). |
20 | SECTION 3. Chapter 27-34.2 of the General Laws entitled "Long-Term Care Insurance" |
21 | is hereby amended by adding thereto the following section: |
22 | 27-34.2-5.1. Use of genetic testing information prohibited. |
23 | (a) In the absence of clinical diagnosis of a condition, or manifestation of a disease, life |
24 | insurers, disability insurers providing disability income protection coverage, and long-term care |
25 | insurers shall not: |
26 | (1) Cancel, limit, or deny coverage, or establish differentials in premium rates based on |
27 | genetic information collected, used, or stored for healthcare treatment; or |
28 | (2) Require or solicit genetic information, use genetic test results, or consider an |
29 | individual's decision or action relating to genetic testing in any manner or for any purpose related |
30 | to life insurance, disability income protection insurance, or long-term care insurance. |
31 | (b) For purposes of this section, the term “manifestation of a disease” means the outward |
32 | signs, symptoms, or physical evidence that a disease is present. |
33 | (c) Nothing in this section shall be construed to: |
34 | (1) Prevent life insurers, disability insurers providing disability income protection |
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1 | coverage, and long-term care insurers from reviewing an individual's medical record as part of an |
2 | application; |
3 | (2) Prohibit requiring an applicant for insurance coverage to answer questions regarding |
4 | family health history; or |
5 | (3) Prohibit a life insurer, disability insurer providing disability income protection |
6 | coverage, or long-term care insurer from considering a clinical diagnosis or manifestation of a |
7 | disease included in an individual's medical record for insurance purposes. |
8 | (d) For the purposes of this section: |
9 | (1) "Disability income protection coverage" means a policy with benefits limited to income |
10 | protection or the provision of income when an insured is unable to work due to injury or illness; |
11 | (2) "Genetic information" has the same meaning as defined in § 27-18-52.1(c); and |
12 | (3) "Genetic test" has the same meaning as defined in section § 27-18-52(c). |
13 | SECTION 4. The title of Chapter 27-34.2 of the General Laws entitled "Long-Term Care |
14 | Insurance" is hereby amended to read as follows: |
15 | CHAPTER 27-34.2 |
16 | Long-Term Care Insurance |
17 | CHAPTER 27-34.2 |
18 | LONG-TERM CARE INSURANCE AND DISABILITY INCOME PROTECTION |
19 | COVERAGE |
20 | SECTION 5. This act shall take effect upon passage. |
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LC005703 | |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO INSURANCE -- LIFE INSURANCE POLICIES AND RESERVES | |
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1 | This act would prohibit the use of genetic information for purposes of determining |
2 | eligibility, setting premium rates, or imposing preexisting condition exclusions for life insurance, |
3 | disability insurance providing disability income protection, or long-term care insurance. |
4 | This act would take effect upon passage. |
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LC005703 | |
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