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HOUSE BILL NO. 45
INTRODUCED BY J. KARJALA
BY REQUEST OF THE STATE AUDITOR
A BILL FOR AN ACT ENTITLED: "AN ACT REVISING INSURANCE DISCRIMINATION PROHIBITIONS ON THE BASIS OF GENETIC TRAITS; REMOVING EXCLUSIONS FOR LIFE INSURANCE, DISABILITY INCOME INSURANCE, AND LONG-TERM CARE INSURANCE FOR GENETIC TESTING; AMENDING SECTION 33-18-902, MCA; AND PROVIDING AN APPLICABILITY DATE."
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 33-18-902, MCA, is amended to read:
"33-18-902. Requirement for genetic testing -- limitations. (1) An insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance may not require an individual to obtain a genetic test unless the test is otherwise required by law for reasons including but not limited to the following:
(a)(1) to establish parentage;
(b)(2) to determine the presence of metabolic disorders in a newborn by testing conducted pursuant to newborn screening and protocols;
(c)(3) in connection with a criminal investigation or prosecution; or
(d)(4) for remains identification.
(2) This section does not apply to transactions of life, disability income, or long-term care insurance."
NEW SECTION. Section 2. Saving clause. [This act] does not affect rights and duties that matured, penalties that were incurred, or proceedings that were begun before [the effective date of this act].
NEW SECTION. Section 3. Applicability. [This act] applies to insurance transactions on or after January 1, 2016.
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Latest Version of HB
45 (HB0045.01)
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