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

     

     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:

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     SECTION 1. Legislative findings.

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     The Legislature hereby finds that:

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     (1) Recent advances in genetic science have led to improvements in the diagnosis,

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treatment, and understanding of a significant number of human diseases;

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     (2) Genetic testing can help individuals take steps to avoid disease entirely or identify

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disease earlier, maximizing an individual's health and lifespan and reducing health care costs for

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patients, families, and communities in the long term;

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     (3) Concerns about ability to access insurance create a disincentive from seeking genetic

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testing for some individuals, preventing the full realization of opportunity for genetic testing;

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     (4) The Genetic Information Nondiscrimination Act of 2008, 29 U.S.C. 1182, prohibits

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genetic information from being used as a condition of eligibility, to set premium rates, or impose

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preexisting condition exclusions for health insurance;

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     (5) The intent of section 2 of this act is to reduce barriers to the benefits of genetic testing

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by protecting genetic information from being used to impact access to life insurance, group

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disability insurance, or long-term care insurance coverage.

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     SECTION 2. Chapter 27-4 of the General Laws entitled "Life Insurance Policies and

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Reserves" is hereby amended by adding thereto the following section:

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     27-4-4.1. Use of genetic testing information prohibited.

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     (a) In the absence of clinical diagnosis of a condition, or manifestation of a disease, life

 

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insurers, disability insurers, and long-term care insurers shall not:

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     (1) Cancel, limit, or deny coverage, or establish differentials in premium rates based on

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genetic information collected, used, or stored for healthcare treatment; or

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     (2) Require or solicit genetic information, use genetic test results, or consider an

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individual's decision or action relating to genetic testing in any manner or for any purpose related

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to life insurance, disability insurance, or long-term care insurance.

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     (b) For purposes of this section, the term “manifestation of a disease” means the outward

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signs, symptoms, or physical evidence that a disease is present.

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     (c) Nothing in this section shall be construed to:

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     (1) Prevent life insurers, disability insurers, and long-term care insurers from reviewing an

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individual's medical record as part of an application;

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     (2) Prohibit requiring an applicant for insurance coverage to answer questions regarding

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family health history; or

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     (3) Prohibit a life insurer, disability insurer, or long-term care insurer from considering a

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clinical diagnosis or manifestation of a disease included in an individual's medical record for

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insurance purposes.

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     (d) For the purposes of this section:

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     (1) "Genetic information" has the same meaning as defined in § 27-18-52.1(c); and

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     (2) "Genetic test" has the same meaning as defined in section § 27-18-52(c).

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     SECTION 3. Chapter 27-34.2 of the General Laws entitled "Long-Term Care Insurance"

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is hereby amended by adding thereto the following section:

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     27-34.2-5.1. Use of genetic testing information prohibited.

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     (a) In the absence of clinical diagnosis of a condition, or manifestation of a disease, life

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insurers, disability insurers providing disability income protection coverage, and long-term care

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insurers shall not:

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     (1) Cancel, limit, or deny coverage, or establish differentials in premium rates based on

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genetic information collected, used, or stored for healthcare treatment; or

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     (2) Require or solicit genetic information, use genetic test results, or consider an

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individual's decision or action relating to genetic testing in any manner or for any purpose related

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to life insurance, disability income protection insurance, or long-term care insurance.

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     (b) For purposes of this section, the term “manifestation of a disease” means the outward

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signs, symptoms, or physical evidence that a disease is present.

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     (c) Nothing in this section shall be construed to:

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     (1) Prevent life insurers, disability insurers providing disability income protection

 

LC005703 - Page 2 of 4

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coverage, and long-term care insurers from reviewing an individual's medical record as part of an

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application;

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     (2) Prohibit requiring an applicant for insurance coverage to answer questions regarding

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family health history; or

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     (3) Prohibit a life insurer, disability insurer providing disability income protection

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coverage, or long-term care insurer from considering a clinical diagnosis or manifestation of a

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disease included in an individual's medical record for insurance purposes.

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     (d) For the purposes of this section:

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     (1) "Disability income protection coverage" means a policy with benefits limited to income

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protection or the provision of income when an insured is unable to work due to injury or illness;

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     (2) "Genetic information" has the same meaning as defined in § 27-18-52.1(c); and

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     (3) "Genetic test" has the same meaning as defined in section § 27-18-52(c).

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     SECTION 4. The title of Chapter 27-34.2 of the General Laws entitled "Long-Term Care

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Insurance" is hereby amended to read as follows:

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CHAPTER 27-34.2

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Long-Term Care Insurance

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CHAPTER 27-34.2

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LONG-TERM CARE INSURANCE AND DISABILITY INCOME PROTECTION

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COVERAGE

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     SECTION 5. This act shall take effect upon passage.

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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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     This act would prohibit the use of genetic information for purposes of determining

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eligibility, setting premium rates, or imposing preexisting condition exclusions for life insurance,

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disability insurance providing disability income protection, or long-term care insurance.

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     This act would take effect upon passage.

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