Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 38.2-3407.5.2, as follows:

32.2-3407.5:2. Exclusion of coverage for preventative services for potential illness, disease or condition for which there is a genetic predisposition.

A. N0 (i) insurer proposing to issue individual or group accident and sickness insurance policies providing hospital, medical and surgical or major medical coverage on an expense-incurred basis; (ii) corporation providing individual or group accident and sickness subscription contracts; or (iii) health maintenance organization providing a health care plan for health care services, shall exclude coverage for services to prevent, eliminate or reduce the likelihood of the development of an illness, disease or condition for which coverage is provided under the terms of the policy, contract or plan, solely on grounds that signs or symptoms of the illness, disease or condition have not yet presented. Coverage for such services shall be provided if the covered person's physician has determined that the person has a genetic factor or family history indicating a predisposition to such illness, disease or condition and that the risks to the covered person resulting from such predisposition render such services medically appropriate.

B. The provisions of this section shall not apply to short-term travel, accident-only, limited or specified disease policies or contracts designated for issuance to persons eligible for coverage under Title XVIII of the Social Security Act, known as Medicare, or any other similar coverage under state or federal governmental plans, or to short-term nonrenewable policies of not more than six months' duration.

C. The provisions of this section shall be applicable to contracts, policies or plans delivered, issued for delivery or renewed in this Commonwealth on and after July 1, 2002.

Summary as introduced:
Health insurance; exclusion for preventive treatments; genetic predisposition. Prohibits health insurers, corporations providing accident and sickness subscription contracts, and health maintenance organizations from excluding coverage for services to prevent, eliminate or reduce the likelihood of the development of an illness, disease or condition solely on grounds that signs or symptoms of the illness, disease or condition have not yet presented. The coverage shall be provided if the insured's treating physician has determined that the person has a genetic risk factor or family history indicating a predisposition to such illness, disease or condition and that the risks to the covered person resulting from such predisposition render such services medically appropriate.