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LB 338

Prohibit the use of genetic information for life insurance, disability insurance, and long-term care insurance

109th Legislature (2025-2026) Introduced by John Fredrickson and 2 co-sponsors

Nebraska LB 338 bars life, disability, and long-term care insurers from using genetic information in underwriting unless a clinical diagnosis exists.

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Bill Summary · LB 338

Summary: Nebraska LB 338 (2025)

Overview

Nebraska Legislative Bill 338 would prohibit the use of genetic information in underwriting for life insurance, disability insurance, and long-term care insurance, except where a clinical diagnosis exists. The measure aims to protect genetic privacy, reduce barriers to genetic testing, and align state policy with federal protections under the Genetic Information Nondiscrimination Act (GINA) for non-health-insurance contexts.

  • Legislature: Nebraska, One Hundred Ninth Legislature, First Session (2025)
  • Introduced: January 16, 2025
  • Primary Sponsor: Senator Dave Wordekemper
  • Co-sponsor: Senator Fredrickson (name added February 21, 2025)
  • Committee: Banking, Commerce and Insurance (Chair: Senator Mike Jacobson)
  • Status notes: Fredrickson name added to the bill

Purpose and Intent

  • To protect patient genetic information from being used to determine eligibility, premiums, or other insurance terms for life, disability, and long-term care insurance.
  • To remove disincentives for individuals to undergo genetic testing by reducing fears of adverse insurance consequences.
  • To mirror federal protections (GINA) by extending protections to certain life and related insurances in Nebraska.

Key Provisions

Prohibited Practices (in the absence of a clinical diagnosis)

  • Life, disability, and long-term care insurers may not:
    • Cancel, limit, or deny coverage based on genetic information.
    • Establish differentials in premium rates based on genetic information collected, used, or stored for health care treatment.
    • Require or solicit genetic information or genetic test results, or consider an individual’s actions related to genetic testing, for purposes related to these insurances.

Exceptions and Allowances

  • The prohibitions do not apply to:
    • Reviewing an applicant’s medical record as part of a standard underwriting examination.
    • Asking/applying questions about family medical history.
    • Considering a clinical diagnosis contained in an individual’s medical record for insurance purposes.

Definitions

  • Genetic information and genetic test are defined consistent with existing Nebraska statute sections (section 48-236).

Scope

  • Applies specifically to life insurance, disability insurance, and long-term care insurance.
  • No explicit prohibition on using other medical information or non-genetic factors in underwriting beyond the stated genetic protections.

Legislative Actions and Timeline

  • January 16, 2025: Introduced and read for the first time.
  • January 21, 2025: Referred to the Banking, Commerce and Insurance Committee.
  • January 27, 2025: Notice of hearing issued for February 11, 2025.
  • February 11, 2025: Hearing held.
  • February 21, 2025: Fredrickson named as a sponsor.

Who Is Affected

  • Directly affects life insurers, disability insurers, and long-term care insurers operating in Nebraska.
  • Individuals seeking or renewing such insurance would gain protections against using genetic information in underwriting, absent a clinical diagnosis.
  • Medical professionals and insurers’ underwriting processes would continue to consider clinical diagnoses documented in medical records, per the bill’s carve-outs.

Potential Impacts

  • May increase consumer comfort with genetic testing by reducing insurance-related privacy concerns.
  • Could influence underwriting practices by limiting reliance on genetic information for the specified insurance lines.
  • Leaves room for traditional underwriting based on clinical diagnoses and family history, preserving some medical-record-based evaluation.

Notes

  • No explicit effective date provided in the text available; enactment would follow the standard legislative process if passed and signed into law.
  • The bill aligns with broader genetic privacy goals and complements federal protections under GINA for health-insurance contexts.

Compiled from official sources — confirm details with the bill’s official record.

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