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Florida Administrative Code (Last Updated: June 27, 2024) |
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69. Department of Financial Services |
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69O. OIR – Insurance Regulation |
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69O-156. Medicare Supplement Insurance |
1(1) An issuer of a Medicare supplement policy or certificate;
11(a) Shall not deny or condition the issuance or effectiveness of the policy or certificate (including the imposition of any exclusion of benefits under the policy based on a preexisting condition) on the basis of the genetic information wi50th respect to such individual; 55and
56(b) Shall not discriminate in the pricing of the policy or certificate (including the adjustment of premium rates) of an individual on the basis of the genetic information with respect to such individual.
89(2) Nothing in 92subsection 9369O-156.020(1), 94F.A.C., shall be construed to limit the ability of an issuer, to the extent otherwise permitted by law, from:
113(a) Denying or conditioning the issuance or effectiveness of the policy or certificate or increasing the premium for a group based on the manifestation of a disease or disorder of an insured or applicant; or
148(b) Increasing the premium for any policy issued to an individual based on the manifestation of a disease or disorder of an individual who is covered under the policy (in such case, the manifestation of a disease or disorder in one individual cannot also be used as genetic information about other group members and to further increase the premium for the group).
210(2113212) For the purposes of this Section only “Genetic information” means, with respect to any individual, information about such individual’s genetic tests, the genetic tests of family members of such individual, and the manifestation of a disease or disorder in fami253ly members of such individual. 258Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any fam289ily member of such individual. 294Any reference to genetic information concerning an individual or family member of an individual who is a pregnant woman, includes genetic information of any 318fetus carried by such 322pregnant woman, or with respect to an individual or family member utilizing reproductive technology, includes genetic information of any embryo legally held by a346n individual or family member. 351The term “genetic information” does not include information about the sex or age of any individual.
367Rulemaking Authority 369627.674 FS. 371Law Implemented 373627.6741 FS. 375History–New 3761-18-10377.
