| genetic
information (Florida)
In general, Florida
statutes permit genetic analysis "only with the informed
consent of the person to be tested." Exceptions to this
general rule include: criminal prosecution, determining paternity,
or acquiring specimens from persons convicted of certain offenses.
(FL Stat 760.40)
The results of
genetic analyses, "whether held by a public or private
entity," are "the exclusive property of the person
tested, are confidential, and may not be disclosed without
the consent of the person tested." Genetic information
held by a public entity is also exempt from public records
disclosure provisions (760.40)
Any person who
performs genetic analyses or receives records, results, or
findings of such, must provide the person tested with notice
that the analysis was performed or that the information was
received. The notice must also state whether the information
was used in any decision (e.g., "to grant or deny insurance,
employment, mortgage, loan, credit, or educational opportunity").
If the information was used in any decision that resulted
in a denial, the analysis must be repeated to verify the accuracy
of the first analysis. If the first analysis is found to be
inaccurate, the denial must be reviewed. (760.40)
Health 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. In the absence of a diagnosis of a condition related
to genetic information, a health insurer may not cancel, limit,
or deny coverage, or establish differentials in premium rates,
based on such information. Most other kinds of personal insurance,
such as life and disability, are not subject to this limitation.
(627.4301)
These provisions
exceed the privacy protections of HIPAA (which currently gives
no specific additional attention to genetic information),
and so are not preempted.
See also:
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