Protected Features and Comparisons
| Florida | Tennessee |
|---|---|
| In the absence of a diagnosis of a condition related to genetic information, health insurers, life insurers, and long-term care insurers authorized to transact insurance in this state may not cancel, limit, or deny coverage, or establish differentials in premium rates, based on such insurance. | A life insurance provider shall not cancel insurance coverage for an individual or a family member of an individual based solely on the individual's or family member's genetic information. |
| Health insurers, life insurers, and long-term care insurers may not require or solicit genetic information, use genetic test results, or consider a person's decisions or actions relating to genetic testing in any manner for any insurance purpose. | A life insurance provider shall not request or require an individual to whom the insurer provides life insurance coverage, or an individual who applies for life insurance coverage, to take a genetic test as a precondition of insurability, and shall not require the complete genome sequencing of an individual's DNA. |
| This section does not apply to the underwriting or issuance of an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy or any other actions of an insurer directly related to an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy. | A life insurance provider shall not access sensitive medical information, including the genetic data of an individual, without first obtaining the individual's signed, written consent. |
| Nothing in this section shall be construed as preventing a life insurer or long-term care insurer from accessing an individual's medical record as part of an application exam. Nothing in this section prohibits a life insurer or long-term care insurer from considering a medical diagnosis included in an individual's medical record, even if a diagnosis was made based on the results of a genetic test. | This section does not prevent a life insurance provider from requesting or obtaining existing health information for underwriting, including genetic information contained within an individual's medical record. |
In 2020, Florida passed a law regulating genetic information in insurance. We can narrow in to focus on which types of insurer actions the law covers:
The first part of the new law focuses on decisions around insuring or renewing insurance policies (canceling, limiting, or denying coverage) and around how much an insurer can charge (differentials in premium rates). However, the second part of the new law is even broader, saying that the insurers cannot use genetic test results for “any insurance purpose.”
In 2023, the Tennessee legislature passed a bill that included this section:
When we look at what insurer actions are covered in this bill, we can see that it is much narrower. In Tennessee, the law only talks about canceling existing insurance coverage. It is likely that, in Tennessee, insurers could still use genetic information when considering an initial application or deciding what premiums to charge. The more insurer actions that are included in a statute, the more protective against genetic discrimination the law will be.