HB 668 - AS AMENDED BY THE HOUSE

10jan02...1975h

2001 SESSION

01-0787

01/09

HOUSE BILL 668

AN ACT relative to genetic testing.

SPONSORS: Rep. Kurk, Hills 5; Rep. Gilmore, Straf 11; Sen. Below, Dist 5

COMMITTEE: Commerce

AMENDED ANALYSIS

This bill changes the definition of genetic testing and limits the use of genetic testing by insurers.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10jan02...1975h

01-0787

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand One

AN ACT relative to genetic testing.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Definition; Genetic Testing. RSA 141-H:1, IV is repealed and reenacted to read as follows:

IV. "Genetic testing" means: laboratory testing of human DNA, RNA, mitochondrial DNA, chromosomes or proteins for the purpose of identifying genes, inherited genes, inherited genetic abnormalities, or the presence or absence of inherited characteristics in genetic material, which are associated with a predisposition to disease, illness, impairment or other disease processes. For the purpose of this section, the term genetic testing shall not include testing given for drugs, alcohol, cholesterol, or HIV; any test for the purpose of diagnosing an existing disease process; any test performed due to the presence of symptoms, signs or other manifestations of a disease, illness, impairment or other disease process or any test that is taken as a biopsy, autopsy, or clinical specimen solely for the purpose of conducting an immediate clinical or diagnostic test that is not a test of DNA, RNA, mitochondrial DNA, chromosomes or proteins.

2 New Paragraph; Use of Genetic Testing by Insurers. Amend RSA 141-H:5 by inserting after paragraph II the following new paragraph:

III. An insurer shall not use genetic testing or any information derived from a genetic test, unless such use is based on sound actuarial principles and actual or reasonably anticipated loss experience.

3 Effective Date. This act shall take effect 60 days after its passage.