AN ACT TO AMEND TITLE 18 OF THE DELAWARE CODE RELATING TO GENETICS BASED DISCRIMINATION.

The use of genetic information in disqualifying coverage for non-health insurance products is a gap in the protection provided by the federal Genetic Information Nondiscrimination Act. As a result, patients who seek genetic counseling to determine whether they may be at risk for certain diseases, such as genetic testing for the BRCA gene to determine predisposition for breast and prostate cancers, are cautioned that a positive result could result in the person being denied insurance. The potential denial of insurance has a chilling effect on patients seeking genetic testing, blocking them from being proactive by putting in place a preventative care plan that would reduce the likelihood of them getting the specific disease in the future. This Act follows the lead of other states and prohibits discrimination based upon genetic information in the issuance or renewal of disability, long-term care, and life insurance by doing the following: 1. Clearly explains what constitutes discrimination under this Act. 2. Allows the results of genetic information approved by the Insurance Commissioner to be used for disability or long-term care insurance in a manner that is reasonably related to anticipated claims experience. 3. Prohibits sharing the results of direct-to-consumer genetic tests with insurers. This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.