111
THE SENATE                           S.C.R. NO.            S.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                    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.


 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.C.R. NO.            111
                                                        S.D. 1
                                                        

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