STAND. COM. REP. NO. 1956_______

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: S.C.R. No. 111
                                     S.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Health, to which was referred S.C.R. No.
111, S.D. 1, entitled:

     "SENATE CONCURRENT RESOLUTION REQUESTING THE INSURANCE
     COMMISSIONER TO CONVENE A WORKING GROUP TO STUDY THE USE OF
     GENETIC INFORMATION AND GENETIC TEST RESULTS FOR INSURANCE
     COVERAGE PURPOSES,"

begs leave to report as follows:

     The purpose of this Concurrent Resolution is to request the
Insurance Commissioner to convene a working group to study the
use of genetic information and test results for insurance
coverage purposes.

     Your Committee finds that current law prohibits
discrimination based on genetic information.  A total ban on use
of genetic information in long-term care insurance coverage by
insurance companies has been challenged by the insurance
industry, which wants to be able to use medical information for
risk classification.  However, improper use of such information
can be extremely harmful to the persons tested.  An individual
must have the right "not to know" about the individual's genetic
future, as each individual has a small number of nonworking genes
that may have absolutely no impact on the individual's health, or
may cause disease at any time.  Many people prefer not to be made
aware of these potential risks.  An individual may not want to
know about this information not just for the individual's own

 
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                                 Page 2

 
sake, but also because the individual shares genetic information
with family members.  Forced knowledge of an individual's genetic
future can lead to severe personal and family trauma, including
suicide.

     Your Committee finds that a discussion and study of all
sides of this issue would assist the Legislature by defining the
issues.

     Testimony in support of this resolution was received from
the Department of Health, the Hawaii Medical Association, AARP,
and the Commission on Persons with Disabilities.  Testimony in
opposition was received from two attorneys.  Comments were
received from the American Cancer Society.

     As affirmed by the record of votes of the members of your
Committee on Health that is attached to this report, your
Committee concurs with the intent and purpose of S.C.R. No. 111,
S.D. 1, and recommends that it be referred to the Committee on
Consumer Protection and Commerce.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Health,



                                   ______________________________
                                   ALEXANDER C. SANTIAGO, Chair

 
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