HB2693

THE CONTEXT: Health care insurers include disability insurers, group disability insurers, blanket disability insurers, health care services organizations, hospital service corporations and medical service corporations (insurers) ( A. R.

WHAT THE BILL DID: The final vetoed version would allow an insurance policy and AHCCCS, subject to approval of the U.S. Centers for Medicare and Medicaid Services, to limit coverage to a subscriber, enrollee, insured or member for genetic sequencing if the genetic sequencing is performed on a device that is either: a) produced by a company that is domiciled in a foreign adversary; or b) produced by a company owned or substantially controlled by a company that is domiciled in a foreign adversary, clarify that the coverage limitations for genetic sequencing do not: a) require coverage for genetic sequencing; or b) limit an insurer or AHCCCS from denying coverage for any valid reason, and prohibit a health care institution or research facility from using genetic sequencers or any operational or research software used for genetic sequencing for the purposes of conducting genetic sequencing if the genetic sequencers or research software is produced in or by any of the following: a) a foreign adversary or its affiliate subsidiary or company; b) a company, subsidiary or enterprise that is deemed a Chinese military company or an affiliate pursuant to the federal annual publication requirements; c) a company, subsidiary or enterprise domiciled within a foreign adversary or its affiliate; or d) a company owned or controlled subsidiary of a company that is domiciled in a foreign adversary or its affiliates.

WHY IT MATTERED: The practical reason for this bill was to set a clear legal boundary for genetic sequencing instead of leaving the conduct unaddressed. It would allow an insurance policy and AHCCCS, subject to approval of the U.S. Centers for Medicare and Medicaid Services, to limit coverage to a subscriber, enrollee, insured or member for genetic sequencing if the genetic sequencing is performed on a device that is either: a) produced by a company that is domiciled in a foreign adversary; or b) produced by a company owned or substantially controlled by a company that is domiciled in a foreign adversary, and would also clarify that the coverage limitations for genetic sequencing do not: a) require coverage for genetic sequencing; or b) limit an insurer or AHCCCS from denying coverage for any valid reason, rather than leave the current rule unchanged.