49
THE SENATE                           S.R. NO.              S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  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.


 1        WHEREAS, current law prohibits genetic information
 2   discrimination in health insurance coverage and legislation has
 3   been proposed that would prohibit genetic information
 4   discrimination in long-term care insurance coverage; and 
 5   
 6        WHEREAS, the controversy over genetic testing and the use
 7   of genetic information has led to the introduction of various
 8   measures to the 1999 Legislature; and
 9   
10        WHEREAS, information about a person's medical examination
11   and family history is commonly used for underwriting insurance
12   coverage; and
13   
14        WHEREAS, the science involving genetic testing is
15   emerging, and its predictive ability is still uncertain; and
16   
17        WHEREAS, the public should not be disuaded from seeking
18   genetic tests, which can lead to preventive health care
19   strategies; and
20   
21        WHEREAS, when an insurance product is sold, an insurer
22   must be able to gather and use accurate relevant medical
23   information to determine premiums appropriate to an
24   individual's particular level of risk; and
25   
26        WHEREAS, a total prohibition on the use of genetic
27   information may jeopardize an insurer's ability to underwrite
28   insurance based on medical information; and
29   
30        WHEREAS, it is important that genetic information and
31   genetic tests be accurately interpreted in order to apply
32   actuarially sound principles to reasonably anticipated risks of
33   disease; and
34   
35        WHEREAS, a discussion and study of all sides of the issue
36   would assist the legislature by defining the issues regarding
37   the definition and the use of genetic information or genetic
38   test results for insurance coverage purposes before further
39   legislation is enacted; now, therefore,
40   

 
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                                  S.R. NO.              S.D. 1
                                                        
                                                        

 
 1        BE IT RESOLVED by the Senate of the Twentieth Legislature
 2   of the State of Hawaii, Regular Session of 1999, that the
 3   Insurance Commissioner is requested to convene and serve as
 4   chairperson of a working group to study issues and make
 5   recommendations related to the use of genetic information and
 6   genetic test information for the purposes of underwriting
 7   long-term care, life, and disability insurance; and
 8   
 9        BE IT FURTHER RESOLVED that the working group shall
10   include representatives from the following agencies and
11   organizations:
12   
13        (1)  Department of Health, Division of Family Health
14             Services;
15   
16        (2)  Hawaii Medical Association;
17   
18        (3)  American Council of Life Insurance;
19   
20        (4)  American Association of Retired Persons;
21   
22        (5)  A community-based, board-certified genetics
23             professional;
24   
25        (6)  Alzheimer's Disease Foundation;
26   
27        (7)  Breast Cancer Support Group; and
28   
29        (8)  The Legislative Reference Bureau
30   
31   and
32   
33        BE IT FURTHER RESOLVED that the Insurance Commissioner is
34   requested to report the working group's findings and
35   recommendations to the Legislature twenty days before the
36   convening of the Regular Session of 2000; and 
37   
38        BE IT FURTHER RESOLVED that certified copies of this
39   Concurrent Resolution be transmitted to the Insurance
40   Commissioner, the Director of Health, the Healthcare
41   Association of Hawaii, the Legislative Reference Bureau, the
42   Hawaii Medical Association, the American Council of Life
43   Insurance, State Farm Insurance Companies, Breast Cancer
44   Support Group, Alzheimer's Disease Foundation, and the American
45   Association of Retired Persons.