1. TITLE: “Genetic information nondiscrimination,” ALASKA STAT. § 21.36.480

Enacted as “An act prohibiting discrimination by health care insurers based on genetic information; providing special enrollment requirements related to Medicaid and state child health plan coverage; requiring a health care insurer to offer coverage for the treatment of alcoholism or drug abuse; providing continuity of coverage for college students during medically necessary leaves of absence from college; requiring health care insurers in the group market to provide parity in the application of mental health and substance abuse benefits that comply with federal requirements; amending the definition of “dentist” to include out-of-state dentists for purposes of certain dental insurance requirements; and providing for an effective date,” H.B. No. 222, July 9, 2009, codified at ALASKA STAT. § 21.36.480

A health care insurer that offers plans in the individual market must comply with requirements established under 42 U.S.C. § 300gg-53; health care insurers offering plans in the group market must comply with 42 U.S.C. §§ 300gg-1(b)(3); 300-gg-1(c) – (f); 300gg-91

2. TITLE: “Unfair Discrimination,” ALASKA STAT. § 21.54.100

Enacted as “An act relating to regulation and examination of insurers and insurance agents; relating to kinds of insurance; relating to payment of insurance taxes and to required insurance reserves; relating to insurance policies; relating to regulation of capital, surplus, and investments by insurers; relating to hospital and medical service corporations; relating to the portability and availability of health care insurance; making amendments to the insurance statutes to conform to federal requirements regarding health insurance; relating to the repeal of certain small employer health care insurance provisions; requiring that uninsured and underinsured motor vehicle insurance apply to claims of an insured even if other policy limits are not exhausted; repealing delayed provisions relating to dental, vision, and hearing insurance in secs. 3 and 4, ch. 101, SLA 1992; repealing delayed provisions relating to small employer health care insurance in secs. 4, 7, 9, and 12, ch. 39, SLA 1993; repealing the delayed effective date in sec. 5, ch. 101, SLA 1992, and in sec. 13, ch. 39, SLA 1993; and providing for an effective date,” S.B. 104, June 13, 1997, codified at ALASKA STAT. § 21.54.100

Health care insurer cannot establish eligibility rules based on, among other things, genetic information

3. TITLE: “Preexisting condition exclusion,” ALASKA STAT. § 21.54.110

Enacted as “An act relating to regulation and examination of insurers and insurance agents; relating to kinds of insurance; relating to payment of insurance taxes and to required insurance reserves; relating to insurance policies; relating to regulation of capital, surplus, and investments by insurers; relating to hospital and medical service corporations; relating to the portability and availability of health care insurance; making amendments to the insurance statutes to conform to federal requirements regarding health insurance; relating to the repeal of certain small employer health care insurance provisions; requiring that uninsured and underinsured motor vehicle insurance apply to claims of an insured even if other policy limits are not exhausted; repealing delayed provisions relating to dental, vision, and hearing insurance in secs. 3 and 4, ch. 101, SLA 1992; repealing delayed provisions relating to small employer health care insurance in secs. 4, 7, 9, and 12, ch. 39, SLA 1993; repealing the delayed effective date in sec. 5, ch. 101, SLA 1992, and in sec. 13, ch. 39, SLA 1993; and providing for an effective date,” S.B. 104, June 13, 1997, codified at ALASKA STAT. § 21.54.110

Health care insurer cannot offer a plan that contains a preexisting condition exclusion that considers genetic information

1. TITLE: “Denial of health or disability insurance coverage upon diagnosis of sickle-cell anemia prohibited,” ALA. CODE § 27-5-13

NAME Act 82-542, H. 528, May 4, 1982, codified at Ala. Code § 27-5-13

Prohibits insurance companies (health or disability) doing business in Alabama from denying coverage to applicants who have been diagnosed with sickle-cell anemia; also requires the insurance company to pay any valid claim made involving the treatment or care of sickle-cell anemia

1. TITLE: “Genetic Nondiscrimination in Insurance Act,” ARK. CODE ANN. § 23-66-320

Enacted as “The ‘Genetic Nondiscrimination in Insurance Act,’” April 2, 2001, S.B. 763, codified at ARK. CODE ANN. §23-66-320.

Prohibits insurers from requiring or requesting genetic testing to determine an individual’s eligibility to enroll in a policy and from using such information in any underwriting decision as to that individual.

2. TITLE: “Increased portability through limitation on preexisting condition exclusions,” ARK. CODE ANN. § 23-86-304

Enacted as “An Act to improve portability and continuity of health insurance coverage in the Arkansas group market . . .,” April 1, 1997, H.B. 1715; most recently amended March 5, 2019, H.B. 1430 (correcting technical errors in numerous sections of the code); codified at ARK. CODE ANN. § 23-86-306

An insurer may not treat genetic information as a preexisting condition in the absence of a diagnosis of the condition related to that information

3. TITLE: “Prohibiting discrimination against individual participants and beneficiaries based on health status,” ARK CODE ANN. § 23-86-306

Initially enacted as “An Act to improve portability and continuity of health insurance coverage in the Arkansas group market . . .,” April 1, 1997, H.B. 1715, codified at ARK. CODE ANN. § 23-86-306

A group health plan may not establish rules for eligibility based on, among other health-status factors, genetic information

1. “Genetic information in the workplace,” ARK. CODE ANN. §§ 11-5-401 – 5-405.

Initially enacted as “An Act to amend Arkansas Code Title 11, chapter 5 to add an additional subchapter 4 to regulate employer use of genetic information in the workplace; and for other purposes,” April 9, 2001, S.B. 766, codified at ARK. CODE ANN. §§11-5-401 et seq.

1. §11-5-402: Sets forth definitions for terms used in the subchapter;

2. §11-5-403: Prohibits employers from using genetic tests or information of employee or prospective employee for the purpose of discriminating against or restricting any right or benefit otherwise due or available to the employee or prospective employee; further prohibits an employer from requiring an employee or prospective employee undergo genetic testing;

3. §11-5-404: sets forth penalties for employers who violate this provision, including fines of up to $25,000 or imprisonment in the county jail for up to a year;

4. §11-5-405: excludes insurers engaged in the ordinary course of underwriting, conducting, or administering the business of insurance

1. TITLE: “Unfair discrimination; definitions,” ARIZ. REV. STAT. ANN. §20-448

Initially enacted as “An Act relating to insurance; proscribing unfair discrimination respecting hemophiliacs relating to certain terms or conditions in a policy . . .,” April 23, 1980, H.B. 2242; amended to include language regarding genetic information April 15, 1997, S.B. 1098; most recently amended May 8, 2019, S.B. 1100, codified at ARIZ. REV. STAT. ANN. §20-448

An insurer is prohibited from refusing to consider an application for life or disability insurance on the basis of genetic condition, developmental delay, or developmental disability; such rejection constitutes unfair discrimination unless the medical condition and history and claims experience or actuarial projections show that substantial difference in claims are likely to result from the genetic condition; rejection is also unfair discrimination in the absence of an actual diagnosis of the condition related to information obtained as a result of genetic testing; also defines “genetic condition,” “genetic test,” and “gene products”

2. TITLE: “Genetic testing; informed consent; definitions,” ARIZ. REV. STAT. ANN. § 20-448.02

Initially enacted as “An Act amending section 20-448; Arizona Revised Statutes . . . ,” April 30, 1997, H.B. 2144; most recently amended May 22, 2019, S.B. 1297, codified at ARIZ. REV. STAT. ANN. § 20-448.02

An order for or requirement of performance of a genetic test must first have specific written consent of the test’s subject. Results of that genetic test are privileged and confidential and not be released without express consent of the test’s subject or as otherwise authorized by ARIZ. REV. STAT. ANN. § 12-2802.

3. TITLE: “Definitions,” ARIZ. REV. STAT. ANN. § 20-1051.

Initially enacted as “An Act relating to health insurance; providing for the authorization of health care services organizations and regulation thereof…,” May 7, 1973, H.B. 2043; amended to define health status related factor to include genetic information April 30, 1997, S.B. 1321; most recently amended April 18, 2007, S.B. 1100, codified at ARIZ. REV. STAT. ANN. § 20-1051.

Provides definitions for the terms “genetic information,” and “health status-related factor” (which includes genetic information) for chapter 4—Particular Types of Insurers, article 9—Health Care Services Organizations, of the ARIZ. REV. STAT. ANN.

4. TITLE: “Evidence of coverage by health care service organizations; renewability; definitions,” ARIZ. REV. STAT. ANN. §§ 20-1057(h); 20-1057(N)(4) & (5)

Initially enacted as “An Act relating to insurance; providing for authorization of health care services organizations and regulation thereof…,” May 7, 1973, H.B. 2043; amended to include language regarding genetic information April 30, 1997, S.B. 1321; most recently amended July 10, 2009, H.B. 2145, codified at ARIZ. REV. STAT. ANN. §§ 20-1057(h); 20-1057(N)(4) & (5).

§20-1057(h): A health care services organization is prohibited from canceling an enrollee’s evidence of coverage issued on a group basis because of the enrollee’s health status-related factor (including genetic information);

§20-1057(N)(4) & (5): A health care services organization can exercise certain statutory exceptions when cancelling or not renewing an evidence of coverage issued to an individual on a nongroup basis, including (4) if the organization offers the a health care plan in Arizona through a network plan, the individual no longer works, resides, or lives in the service area, among other things, but only if the coverage is terminated uniformly without regard to any health status-related factors; and (5) if the health care service provider only offers health coverage in Arizona through a bona fide association, the individual’s membership in that association has ceased but, again, only if the coverage is terminated uniformly without regard to any health status-related factors

5. TITLE: “Guaranteed availability of individual health insurance coverage; prior group coverage; definitions,” ARIZ. REV. STAT. ANN. § 20-1379

Initially enacted as “An Act amending sections 20-826 . . . Arizona Revised Statutes . . . relating to Health Insurance Portability and Accountability,” April 29, 1997, S.B. 1321; most recently amended March 11, 2019, S.B. 1109, codified at ARIZ. REV. STAT. ANN. §20-1379.

Prohibits health care insurers offering individual health insurance coverage through a network plan from using genetic information to limit individuals enrolled in that plan. Provides that a genetic condition is not a preexisting condition in the absence of a diagnosis of the condition related to the genetic information.

6. TITLE: “Definitions; late enrollee coverage,” ARIZ. REV. STAT. ANN. § 20-2301

Initially enacted as “An act amending Title 20, Arizona Revised Statutes, by adding Chapter 13; relating to health insurance,” April 23, 1993, S.B. 1109; amended to include genetic information definition April 29, 1997, S.B. 1321; most recently amended April 28, 2008, H.B. 2658, codified at ARIZ. REV. STAT. ANN. § 20-2301

Provides definition of genetic information for chapter; establishes that, absent a diagnosis, genetic information is not a preexisting condition

1. TITLE: “Discrimination; unlawful practices; definition,” ARIZ. REV. STAT. ANN. § 41-1463(B)(3)

Enacted as “An Act relating to state government . . . prohibiting discriminatory practices. . . ,” May 3, 1974, S.B. 1161; amended June 4, 2002, H.B. 2353 to prohibit discrimination based on genetic information; most recently amended May 10, 2010, S.B. 1232, codified at ARIZ. REV. STAT. ANN. §41-1463(B)(3).

It is an unlawful employment practice for an employer to fail or refuse to hire, to discharge, or to otherwise discriminate against any individual based on the results of a genetic test received by the employer.

1. TITLE: “Hereditary Disorders Act; legislative findings and declarations,” CAL. HEALTH & SAFETY CODE § 124975

Enacted as “An Act to amend . . . the Health and Safety Code,” August 10, 1995, S.B. 1360, codified at CAL. HEALTH & SAFETY CODE § 124975

The legislature announced that carriers of genetic defects should not be discriminated against by any person within the state of California

2. TITLE: “Marketing of plans to small employers; participation requirements; rejection of applications; prohibited activities; plan compliance requirements,” CAL. HEALTH & SAFETY CODE § 1357.03

Enacted as “An act to . . . add Articles 3.1 (commencing with Section 1357) and 3.15 (commencing with Section 1357.50) to Chapter 2.2 of Division 2 of, the Health and Safety Code . . . ,” Sept. 28, 1992, A.B. 1672; amended to include genetic information as a health status related factor Aug. 20, 1997, S.B. 578; most recently amended Sept. 30, 2010, S.B. 1163, codified at CAL. HEALTH & SAFETY CODE § 1357.03

Prohibits a policy or contract that covers two or more employees from establishing rules for eligibility based on genetic information

3. TITLE: “Offering, marketing, and sale of small employer health care service plan contracts; enrollment periods; filing of requirements; prohibited activities; single risk pool considerations,” CAL. HEALTH & SAFETY CODE § 1357.503

Enacted as “An act to . . . add Article 3.16 . . . to . . . the Health and Safety Code,” Sept. 30, 2012, A.B. 1083; most recently amended Sept. 22, 2018, S.B. 1375, codified at CAL. HEALTH & SAFETY CODE § 1357.503

Prohibits a policy or contract covering a small employer from establishing rules for eligibility/continuing eligibility of an individual or his/her dependent based on genetic information.

4. TITLE: “Rules for eligibility based on health-related conditions prohibited,” CAL. HEALTH & SAFETY CODE § 1357.52

Enacted as “An Act to . . . add Article 3.15 . . . to the Health and Safety Code . . . ,” Sept. 30, 2012, effective Jan. 1, 2014, A.B. 1083, codified at CAL. HEALTH & SAFETY CODE § 1357.52.

Prohibits a health benefit plan for group coverage from establishing eligibility/continuing eligibility rules of an individual or his/her dependent based on genetic information

5. TITLE: “Renewal of grandfathered health plan contracts; filing of requirements; prohibited activities,” CAL. HEALTH & SAFETY CODE § 1357.604

Enacted as “An act to . . . add Article 3.15 (commencing with Section 1357.50) of Chapter 2.2 of Division 2 of, the Health and Safety Code . . . “ Sept. 30, 2012, A.B. 1083, codified at CAL. HEALTH & SAFETY CODE § 1357.604

Defines health status related factor to include genetic information

6. TITLE: “Contracts effective on or after May 21, 2009; compliance with federal Genetic Information Nondiscrimination Act of 2008,” CAL. HEALTH & SAFETY CODE § 1358.24

Enacted as “An Act to amend Sections . . . 1358.24 to the health and safety code . . . relating to health care coverage, and declaring the urgency thereof, to take effect immediately,” July 2, 2009, A.B. 1543, codified at CAL. HEALTH & SAFETY CODE § 1358.24

Provides that an issuer of a Medicare supplement contract shall adhere to the requirements imposed by the federal Genetic Information Nondiscrimination Act of 2008 by not denying or conditioning issuance of coverage on the basis of genetic information, and by not discriminating in the pricing of the contract

7. TITLE: “Genetic disability characteristics; discrimination in enrollment, terms, conditions, benefits, rates or commissions,” CAL. HEALTH & SAFETY CODE § 1374.7

Initially enacted as “An Act to add Section 1374.7 to the Health and Safety Code and to add Sections 10123.3, 10143, and 11512.9 to the Insurance Code, relating to health,” California Statutes of 1977, ch. 732, Sept. 12, 1977; amended to prohibit discrimination based on genetic characteristics Sept. 22, 1994, S.B. 1146; most recently amended Sept. 2, 1999, S.B. 1185, codified at CAL. HEALTH & SAFETY CODE § 1374.7.

Prohibits a plan’s refusal to enroll or accept an applicant, or renew any person as a subscriber based on a person’s genetic characteristics that may be associated with disability in that person or their offspring; prohibits a plan from seeking genetic information about a person for nontherapeutic reasons; prohibits fee discrimination based on a person’s genetic information; defines “genetic characteristics”

8. TITLE: “Coverage for treatment of infertility; applicable plans; exceptions; discrimination prohibited,” CAL. HEALTH & SAFETY CODE § 1374.55

Amended by “An act to amend Section 1374.55 of the Health and Safety Code, and to amend Section 10119.6 of the Insurance Code, relating to health care coverage,” to add language regarding genetic nondiscrimination, Oct. 8, 2013, A.B. 460, codified at CAL. HEALTH & SAFETY CODE § 1374.55

Prohibits discrimination in providing treatment for infertility based on genetic information

9. TITLE: “Fair and affirmative offer, marketing, and sales requirements; restrictions on rejection of applications,” CAL. HEALTH & SAFETY CODE § 1399.804

Initially enacted as “An Act to add . . . Article 10.5 . . . to the Health and Safety Code,” Sept. 28, 2000, S.B. 265, codified at CAL. HEALTH & SAFETY CODE § 1399.804

Prohibits a plan from encouraging an eligible individual to refrain from filing an application for coverage with a plan because of the individual’s genetic information (among other things), and prohibits a plan from entering into a contract with a solicitor that incentivizes the solicitor to vary the plan contract because of someone’s genetic information (among other things).

10. TITLE: “Child coverage not to be excluded or limited due to preexisting conditions; exception for individual granfathered coverage; applications not to be rejected; coverage not to be conditioned on specified factors; dependent coverage,” CAL. HEALTH & SAFETY CODE § 1399.826

Initially enacted as “An act to . . . add article 11.7 . . . to the Health and Safety Code . . . ,” Sept. 30, 2010, A.B. 2244, codified at CAL. HEALTH & SAFETY CODE § 1399.826

Prohibits a health care service plan from conditioning the issuance or offering of individual child coverage on genetic information

11. TITLE: “Open, annual, and special enrollment periods; preexisting condition considerations eliminated . . . “ CAL. HEALTH & SAFETY CODE § 1399.849

Enacted as “AN ACT to amend Sections 1357.51, 1357.500, 1357.503, 1357.504, 1357.509, 1357.512, 1363, 1389.5, and 1399.829 of, to amend the heading of Article 11.7 (commencing with Section 1399.825) of Chapter 2.2 of Division 2 of, to amend and add Sections 1389.4 and 1389.7 of, to add Sections 1348.96 and 1399.836 to, to add Article 11.8 (commencing with Section 1399.845) to Chapter 2.2 of Division 2 of, and to repeal Section 1399.816 of, the Health and Safety Code, relating to health care coverage,” May 9, 2013, S.B. 2; most recently amended June 27, 2019, S.B. 78, codified at CAL. HEALTH & SAFETY CODE § 1399.849

Prohibits a health care service plan from establishing rules for eligibility based on genetic information

12. TITLE: “Genetic disability characteristics; discrimination; information seeking,” CAL INS. CODE § 742.405

Initially enacted as “An Act to . . . add sections 742.405 and 742.407 to the Insurance Code, relating to insurance,” Sept. 14, 1996, S.B. 1740; most recently amended Sept. 15, 1998, S.B. 1654, codified at CAL. INS. CODE § 742.405

Prohibits multiple employer welfare arrangements from enrolling, accepting, or renewing policies based on the applicant’s genetic information; further prohibits charging a higher rate or offering different terms, conditions, or benefits, on based on a person’s genetic information; further prohibits seeking genetic information for any nontherapeutic reason

13. TITLE: “Medical records; genetic test results; disclosure; civil penalties; offense; criminal penalties; damages; application of section,” CAL. INS. CODE § 742.407

Initially enacted as “An Act to . . . add sections 742.405 and 742.407 to the Insurance Code, relating to insurance,” Sept. 14, 1996, S.B. 1740; most recently amended Sept. 29, 2000, A.B. 2903

Sets forth civil and criminal penalties for disclosing the results of a test for a genetic characteristic

14. TITLE: “Coverage for treatment of infertility; applicable plans; exceptions; discrimination prohibited,” CAL. INS. CODE § 10119.6

Amended by “An act to amend Section 1374.55 of the Health and Safety Code, and to amend Section 10119.6 of the Insurance Code, relating to health care coverage,” to add language regarding genetic nondiscrimination, Oct. 8, 2013, A.B. 460, codified at CAL. INS. CODE § 10119.6

Prohibits discrimination in providing treatment for infertility based on genetic information

15. TITLE: “Self-insured employee welfare benefit plans; genetic disability characteristics; discrimination in enrollment, terms, conditions, or benefits,” CAL. INS. CODE § 10123.3

Initially enacted as “An Act to . . . add Sections 10123.3, 10143, and 11512.9 to the Insurance Code, relating to health,” California Statutes of 1977, ch. 732, Sept. 12, 1977; amended to include language regarding genetic information Sept. 22, 1994, S.B. 1146; most recently amended Sept. 2, 1999, S.B. 1185, codified at CAL. INS. CODE. § 10123.3

Prohibits self-insured employee welfare benefit plans from refusing to enroll, accept, or renew any person as a subscriber on the basis of that person’s genetic characteristics that may be associated with disability in that person or his/her offspring. Also prohibits offering a higher rate of charge, different terms, conditions, or benefits on the basis of those genetic characteristics. Further prohibits seeking genetic information for any nontherapeutic reason.

16. TITLE: “Application of section; self-insured employee welfare benefit plans; genetic test results, disclosure, civil penalties, offense, criminal penalties, damages,” CAL INS. CODE § 10123.35

Initially enacted as “An Act to . . . add Section[] 10123.35 . . . to the Insurance Code, relating to insurance,” October 9, 1995, S.B. 1020; amended to include language regarding genetic information Sept. 14, 1996, S.B. 1740; most recently amended Sept. 29, 2000, A.B. 2903, codified at CAL. INS. CODE § 10123.35

Sets forth civil and criminal penalties for disclosure of genetic test results contained in an applicant or enrollee’s medical records by a self-insured welfare benefit plan

17. TITLE: “Contracts effective on or after May 21, 2009; compliance with federal Genetic Information Nondiscrimination Act of 2008,” CAL. INS. CODE § 10192.24

Initially enacted as “An act to . . . add Section[] . . . 10192.24 to the Insurance Code, relating to health care coverage, and declaring the urgency thereof, to take effect immediately,” July 2, 2009, A.B. 1543, codified at CAL. INS. CODE § 10192.24

Prohibits an issuer from denying or conditioning the issuance or effectiveness or a policy or certificate on the basis of genetic information; further prohibits discriminating in the pricing of the policy or certificate on the basis of genetic information; further prohibits the issuer of a Medicare supplement policy from requiring an individual or his/her family member to undergo genetic testing; further lays out that an issuer of a Medicare supplement policy will not request, require, seek, or purchase genetic information for underwriting purposes

18. TITLE: “Health benefit plan designs; fair and affirmative offers, marketing and sales; restrictions on rejections of applications from federally eligible defined individuals,” CAL. INS. CODE § 10901.2

Enacted as “An act to add . . . Chapter 9.5 to Part 2 of Division 2 of the Insurance Code, relating to health care coverage,” Sept. 28, 2000, S.B. 265, codified at CAL. INS. CODE § 10901.2

Prohibits carriers, agents, and brokers from encouraging or directing federally eligible defined individuals to refrain from filing an application for coverage with a carrier because of genetic information.

19. TITLE: “Marketing requirements and prohibitions,” CAL. INS. CODE § 10753.05

Initially enacted as “An Act to . . . add Chapter 8.02 to Part 2 of Division 2 of . . . the Insurance Code, relating to health care coverage,” Sept. 30, 2012, A.B. 1083; most recently amended Sept. 22, 2018 (effective Jan. 1, 2019), S.B. 1375, codified at CAL. INS. CODE § 10753.05

Prohibits a health benefit plan offered to an employee of a small employer from establishing rules for eligibility based on genetic information

20. TITLE: “Renewal of health benefit plans; marketing requirements and prohibitions,” CAL. INS. CODE § 10755.05

Enacted as “An Act to . . . add Chapter 8.02 to Part 2 of Division 2 of . . . the Insurance Code, relating to health care coverage,” Sept. 30, 2012, A.B. 1083; amended Aug. 15, 2014, S.B. 1034, codified at CAL. INS. CODE § 10755.05

Prohibits a policy or contract covering small employers from establishing rules for eligibility based on genetic information

21. TITLE: “Open, annual, and special enrollment periods; triggering events; effective dates of coverage; limitations on eligibility rules; single risk pool considerations; application of section,” CAL. INS. CODE § 10965.3

Initially enacted as “An act . . . to add Chapter 9.9 to Part 2 of Division 2 . . . of the Insurance Code, relating to health care coverage,” May 9, 2013, A.B. 2; most recently amended June 27, 2019, S.B. 78, codified at CAL. INS. CODE § 10965.3

Prohibits a health insurer from establishing rules for eligibility based on genetic information

22. TITLE: “Child coverage not to be excluded or limited due to preexisting conditions; exception for individual grandfathered coverage; applications not to be rejected; coverage not to be conditioned on specified factors; dependent coverage,” CAL. INS. CODE § 10951

Enacted as “An act to amend Sections 1357.06 and 1357.51 of, and to add Article 11.7 (commencing with Section 1399.825) to Chapter 2.2 of Division 2 of, the Health and Safety Code, and to amend Sections 10198.7 and 10708 of, and to add Chapter 9.7 (commencing with Section 10950) to Part 2 of Division 2 of, the Insurance Code, relating to health care coverage,” Sept. 30, 2010, A.B. 2244, codified at CAL. INS. CODE § 10951

Prohibits a carrier from conditioning the issuing or offering of individual coverage based on genetic information

23. TITLE: “Eligibility rules based on health-related factors prohibited,” CAL. INS. CODE § 10198.9

Enacted as “An act to . . . add Article 7 (commencing with Section 10198.6) of Chapter 1 of Part 2 of Division 2 of, the Insurance Code, relating to health care coverage,” Sept. 30, 2012, A.B. 1083, codified at CAL. INS. CODE § 10198.9

Prohibits a health benefit plan for group coverage from establishing rules for eligibility based on genetic information

1. TITLE: “Contract availability or terms; race, color, religion, sex, gender, gender identity, gender expression, national origin, ancestry, sexual orientation or genetic disability trait; fees and commissions,” CAL. INS. CODE § 10140

Initially enacted as “An Act to add Article 2.5 of Chapter 1 of Part 2 of Division 2 of the Insurance Code, relating to insurance,” California Statutes of 1969, ch. 620, July 28, 1969; amended Sept. 22, 1994, S.B. 1146 to add language regarding genetic discrimination; most recently amended Oct. 9, 2011, A.B. 887, codified at CAL. INS. CODE § 10140.

Prohibits insurers licensed to issue life and/or disability insurance in California from failing or refusing to accept a person for insurance or to issue or renew a plan, based on that person’s genetic characteristics; further prohibits seeking information about that person’s genetics characteristics for nontherapeutic reasons; further prohibits fee or commission discrimination based on that person’s genetic characteristics

2. TITLE: “Application of section; unlawful disclosure; written authorization; penalties,” CAL. INS. CODE § 10140.1

Enacted as “An act to add Chapter 2.5 (commencing with 56.17) to Part 2.6 of the Civil Code, to amend Section 1374.7 of, and to add Section 1374.9 to, the Health and Safety Code, and to amend Sections 10123.3, 10140, 10147, and 11512.95 of, and to add Sections 10123.31, 10123.35, 10140.1, 10140.5, 11512.96, and 11512.965 to, the Insurance Code, relating to insurance,” Oct. 9, 1995, S.B. 1020; most recently amended Sept. 29, 2000, A.B. 2903, codified at CAL. INS. CODE § 10140.1

Prohibits any person who receives an individual’s genetic information as part of an applicant or enrollee’s medical record from disclosing that information to a third party; establishes penalties

3. TITLE: “Genetic disability traits; enrollment, rates, and commission,” CAL. INS. CODE § 10143

Initially enacted as “An Act to . . . add Sections 10123.3, 10143, and 11512.9 to the Insurance Code, relating to health,” California Statutes of 1977, ch. 732, Sept. 12, 1977, codified at CAL. INS. CODE § 10143.

Prohibits insurance companies licensed in California from refusing to issue, sell, or renew any policy of life or disability insurance solely because the person applying for the policy carries a gene that may be associated with disability in that individual’s offspring, but causes no adverse effects on the carrier.

4. TITLE: “Underwriting on the Basis of Test of Genetic Characteristics,” CAL. INS. CODE §§ 10146 – 10149.1

Initially enacted as “An Act to . . . add Article 2.6 to . . . the Insurance Code,” Sept. 23, 1994, S.B. 1146; codified at CAL. INS. CODE § 10146 et seq.

§10146: Establishes the purpose of the article, which is to establish standards regarding unfair discrimination among individuals in the underwriting of life or disability income insurance on the basis of a test of the person’s genetic characteristics

§10147: Provides definitions for the terms used within this article

§10148: Prohibits an insurer from requiring the test for the presence of a genetic characteristic in order to determine insurability, except in those instances where policies are contingent on review or testing for other diseases or medical conditions.

§10149: Prohibits a life or disability insurer from requiring a genetic test if the results of that test would be used, exclusively or non-exclusively, to determine eligibility for hospital, medical, or surgical insurance coverage

§10149.1: Prohibits the disclosure of genetic characteristic test results and lays out penalties for such disclosure

5. TITLE: “Marketing requirements and prohibitions,” CAL. INS. CODE § 10705

Amended by “An act to amend Sections 1357, 1357.03, 1357.06, 1357.11, 1357.14, 1357.16, 1357.50, 1357.51, 1358.20, and 1367.15 of, and to add Sections 1357.52, 1357.53, and 1357.54 to, the Health and Safety Code, and to amend Sections 742.40, 10176.10, 10194.8, 10198.6, 10198.7, 10700, 10705, 10706, 10708, 10713, 10718.55, and 10841 of, and to add Sections 10198.9, 10273.4, and 10273.6 to, the Insurance Code, relating to health care coverage, and declaring the urgency thereof, to take effect immediately” to include language regarding genetic information, Aug. 20, 1997, S.B. 578; most recently amended Sept. 30, 2010, S.B. 1163, codified at CAL. INS. CODE § 10705

Prohibits a disability insurer from excluding an employee who is otherwise eligible for coverage on the basis of genetic information

6. TITLE: “Exclusion of employees or dependents on basis of actual or expected health status-related factor prohibited,” CAL. INS. CODE § 10752.1

Enacted as “An act to add article 5 to Chapter 8 of Part 2 of Division 2 of the Insurance Code, relating to insurance,” Oct. 1, 2013, S.B. 161, codified at CAL. INS. CODE § 10752.1

Prohibits a stop-loss insurer from excluding any employee or dependent based on actual or expected health status-related factor, including genetic information

1. TITLE: “Contract availability or terms; race, color, religion, sex, gender, gender identity, gender expression, national origin, ancestry, sexual orientation or genetic disability trait; fees and commissions,” CAL. INS. CODE § 10140

Initially enacted as “An Act to add Article 2.5 of Chapter 1 of Part 2 of Division 2 of the Insurance Code, relating to insurance,” California Statutes of 1969, ch. 620, July 28, 1969; amended Sept. 22, 1994, S.B. 1146 to add language regarding genetic discrimination; most recently amended Oct. 9, 2011, A.B. 887, codified at CAL. INS. CODE § 10140.

Prohibits insurers licensed to issue life and/or disability insurance in California from failing or refusing to accept a person for insurance or to issue or renew a plan, based on that person’s genetic characteristics; further prohibits seeking information about that person’s genetics characteristics for nontherapeutic reasons; further prohibits fee or commission discrimination based on that person’s genetic characteristics

2. TITLE: “Application of section; unlawful disclosure; written authorization; penalties,” CAL. INS. CODE § 10140.1

Enacted as “An act to add Chapter 2.5 (commencing with 56.17) to Part 2.6 of the Civil Code, to amend Section 1374.7 of, and to add Section 1374.9 to, the Health and Safety Code, and to amend Sections 10123.3, 10140, 10147, and 11512.95 of, and to add Sections 10123.31, 10123.35, 10140.1, 10140.5, 11512.96, and 11512.965 to, the Insurance Code, relating to insurance,” Oct. 9, 1995, S.B. 1020; most recently amended Sept. 29, 2000, A.B. 2903, codified at CAL. INS. CODE § 10140.1

Prohibits any person who receives an individual’s genetic information as part of an applicant or enrollee’s medical record from disclosing that information to a third party; establishes penalties

3. TITLE: “Genetic disability traits; enrollment, rates, and commission,” CAL. INS. CODE § 10143

Initially enacted as “An Act to . . . add Sections 10123.3, 10143, and 11512.9 to the Insurance Code, relating to health,” California Statutes of 1977, ch. 732, Sept. 12, 1977, codified at CAL. INS. CODE § 10143.

Prohibits insurance companies licensed in California from refusing to issue, sell, or renew any policy of life or disability insurance solely because the person applying for the policy carries a gene that may be associated with disability in that individual’s offspring, but causes no adverse effects on the carrier.

4. TITLE: “Underwriting on the Basis of Test of Genetic Characteristics,” CAL. INS. CODE §§ 10146 – 10149.1

Initially enacted as “An Act to . . . add Article 2.6 to . . . the Insurance Code,” Sept. 23, 1994, S.B. 1146; codified at CAL. INS. CODE § 10146 et seq.

§10146: Establishes the purpose of the article, which is to establish standards regarding unfair discrimination among individuals in the underwriting of life or disability income insurance on the basis of a test of the person’s genetic characteristics

§10147: Provides definitions for the terms used within this article

§10148: Prohibits an insurer from requiring the test for the presence of a genetic characteristic in order to determine insurability, except in those instances where policies are contingent on review or testing for other diseases or medical conditions.

§10149: Prohibits a life or disability insurer from requiring a genetic test if the results of that test would be used, exclusively or non-exclusively, to determine eligibility for hospital, medical, or surgical insurance coverage

§10149.1: Prohibits the disclosure of genetic characteristic test results and lays out penalties for such disclosure

5. TITLE: “Marketing requirements and prohibitions,” CAL. INS. CODE § 10705

Amended by “An act to amend Sections 1357, 1357.03, 1357.06, 1357.11, 1357.14, 1357.16, 1357.50, 1357.51, 1358.20, and 1367.15 of, and to add Sections 1357.52, 1357.53, and 1357.54 to, the Health and Safety Code, and to amend Sections 742.40, 10176.10, 10194.8, 10198.6, 10198.7, 10700, 10705, 10706, 10708, 10713, 10718.55, and 10841 of, and to add Sections 10198.9, 10273.4, and 10273.6 to, the Insurance Code, relating to health care coverage, and declaring the urgency thereof, to take effect immediately” to include language regarding genetic information, Aug. 20, 1997, S.B. 578; most recently amended Sept. 30, 2010, S.B. 1163, codified at CAL. INS. CODE § 10705

Prohibits a disability insurer from excluding an employee who is otherwise eligible for coverage on the basis of genetic information

6. TITLE: “Exclusion of employees or dependents on basis of actual or expected health status-related factor prohibited,” CAL. INS. CODE § 10752.1

Enacted as “An act to add article 5 to Chapter 8 of Part 2 of Division 2 of the Insurance Code, relating to insurance,” Oct. 1, 2013, S.B. 161, codified at CAL. INS. CODE § 10752.1

Prohibits a stop-loss insurer from excluding any employee or dependent based on actual or expected health status-related factor, including genetic information

1. TITLE: “Definitions,” CA. GOVT. CODE § 9149.32

Enacted as “An act to amend Section 9149.32 of, and to add Article 12 (commencing with Section 9149.38) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of, the Government Code, relating to the Legislature, and declaring the urgency thereof, to take effect immediately,” Sept. 30, 2018, S.B. 419, codified at CA. GOVT. CODE § 9149.3

Defines discriminatory harassment to include harassment based on genetic information for purposes of Article 12 of Part 1 of the California Government Code

2. TITLE: “Retaliation prohibited against advocates or employees opposing or filing complaints about practices; fine for violation,” CA. GOVT. CODE § 9149.40

Enacted as “An act to amend Section 9149.32 of, and to add Article 12 (commencing with Section 9149.38) to Chapter 1.5 of Part 1 of Division 2 of Title 2 of, the Government Code, relating to the Legislature, and declaring the urgency thereof, to take effect immediately,” Sept. 30, 2018, S.B. 419, codified at CA. GOVT. CODE § 9149.40

Prohibits a house of the legislature from expelling or otherwise discriminating against a legislative employee or advocate because that person has assisted in a proceeding related to a complaint of discriminatory harassment

3. TITLE: “Programs or activities funded by state; discrimination on basis of . . . genetic information . . . ,” CA. GOVT. CODE § 11135

Initially enacted as “An act to add Article 9.5 to Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code, relating to discrimination,” Sept. 21, 1977, California Statutes of 1977, ch. 972; amended to include language regarding genetic information Sept. 6, 2011, S.B. 559; most recently amended Sept. 30, 2016, S.B. 1442, codified at CAL. GOVT. CODE § 11135

No person in California will be unlawfully denied full and equal access to the benefits of, nor be unlawfully subject to discrimination under, any program conducted, operated, funded, financially assisted, or administered by the state of California due to genetic information.

4. TITLE: “Public policy; discrimination in employment rights and opportunities and housing; purpose; police power,” CAL. GOV. CODE § 12920

Initially enacted as “An act to . . . add Part 2.8 to Division 3 of Title 2 of the Government Code, . . . relating to the reorganization of the executive branch of the California State government,” Sept. 21, 1980, California Statutes of 1980, ch. 992; amended to include language regarding genetic information Sept. 6, 2011, S.B. 559; most recently amended Oct. 10, 2013, A.B. 556, codified at CAL. GOV. CODE § 12920

It is California’s public policy to protect the right of all persons to seek, obtain, and hold employment and housing without discrimination on account of, among other things, genetic information.

5. TITLE: “Civil rights; employment and housing without discrimination,” CAL. GOV. CODE § 12921

Initially enacted as “An act to . . . add Part 2.8 to Division 3 of Title 2 of the Government Code, . . . relating to the reorganization of the executive branch of the California State government,” Sept. 21, 1980, California Statutes of 1980, ch. 992; amended to include language regarding genetic information Sept. 6, 2011, S.B. 559; most recently amended Oct. 10, 2013, A.B. 556, codified at CAL. GOV. CODE § 12921

It is a civil right to seek, obtain, and hold employment without discrimination because of, among other things, genetic information; it is a civil right to seek, obtain, and hold housing without discrimination because of, among other things, genetic information

6. TITLE: “Employers, labor organizations, employment agencies and other persons; unlawful employment practices; exceptions,” CAL. GOVT. CODE § 12940

Initially enacted as “An act to . . . add Part 2.8 to Division 3 of Title 2 of the Government Code, . . . relating to the reorganization of the executive branch of the California State government,” Sept. 21, 1980, California Statutes of 1980, ch. 992; amended to include language regarding genetic information Sept. 6, 2011, S.B. 559; most recently amended Sept. 30, 2018, S.B. 1300, codified at CAL. GOVT. CODE § 12940

Provides, among other things, that refusing to hire or employ, or electing to fire or discharge, or discriminating against them in compensation or in terms, conditions, or privileges of an employment a person due to genetic information is unlawful employment practice; further provides that a labor union which excludes, expels, restricts, or otherwise discriminates against a person because of genetic information has engaged in unlawful employment practices

7. TITLE: “Unlawful acts based on examinations and qualifications; determination of unlawfulness; inquiries; reasonable accommodations; records,” CAL. GOV. CODE § 12944

Initially enacted as “An act to . . . add Part 2.8 to Division 3 of Title 2 of the Government Code, . . . relating to the reorganization of the executive branch of the California State government,” Sept. 21, 1980, California Statutes of 1980, ch. 992; amended to include language regarding genetic information Sept. 6, 2011, S.B. 559; most recently amended July 17, 2012, S.B. 1039, codified at CAL. GOV. CODE § 12944

Prohibits a licensing board from requiring any examination or other qualification that has a negative impact on an individual based on, upon other things, that person’s genetic information; further prohibits a licensing board from publishing materials or making verbal inquiries that appear to discriminate as to genetic information

8. TITLE: “Unlawful practices,” CAL. GOV. CODE § 12955

Initially enacted as “An act to . . . add Part 2.8 to Division 3 of Title 2 of the Government Code, . . . relating to the reorganization of the executive branch of the California State government,” Sept. 21, 1980, California Statutes of 1980, ch. 992; amended to include language regarding genetic information Sept. 6, 2011, S.B. 559; most recently amended Oct. 9, 2011, A.B. 887, codified at CAL. GOV. CODE § 12955

It is an unlawful practice for any housing accommodation owner to discriminate or harass any person on the basis of genetic information; to verbally or via written communication inquire as to genetic information; to harass, evict, or otherwise discriminate against a person on the basis of genetic information; among other acts

9. TITLE: “Unlawful practices; proof of intentional violations and violations causing discriminatory effect; evidence,” CAL. GOV. CODE § 12955.8

Amended by “AN ACT to amend Section 23438 of the Business and Professions Code, to amend Section 51 of the Civil Code, to amend Section 32228 of the Education Code, to amend Section 354.5 of the Elections Code, to amend Sections 11135, 12920, 12921, 12926, 12926.1, 12930, 12931, 12935, 12940, 12944, 12955, 12955.8, 12956.1, 12956.2, and 12993 of the Government Code, to amend Section 868.8 of the Penal Code, to amend Sections 17269 and 24343.2 of the Revenue and Taxation Code, and to amend Section 4900 of the Welfare and Institutions Code, relating to civil rights,” (California Fair Employment and Housing Act) Sept. 6, 2011, S.B. 559, to include language regarding genetic discrimination; most recently amended Oct. 9, 2011, A.B. 887, codified at CAL. GOV. CODE § 12955.8

Provides that proof of intentional violation of this article of the California Government Code includes an act that shows intent to discriminate based on genetic information

10. TITLE: “Restrictive covenants based on discriminatory grounds; notice on copy of document; penalty for adding racially restrictive covenant,” CAL. GOV. CODE § 12956.1

Amended by “An act to amend Section 23438 of the Business and Professions Code, to amend Section 51 of the Civil Code, to amend Section 32228 of the Education Code, to amend Section 354.5 of the Elections Code, to amend Sections 11135, 12920, 12921, 12926, 12926.1, 12930, 12931, 12935, 12940, 12944, 12955, 12955.8, 12956.1, 12956.2, and 12993 of the Government Code, to amend Section 868.8 of the Penal Code, to amend Sections 17269 and 24343.2 of the Revenue and Taxation Code, and to amend Section 4900 of the Welfare and Institutions Code, relating to civil rights,” (California Fair Employment and Housing Act) Sept. 6, 2011, S.B. 559, to include language regarding genetic discrimination; most recently amended Oct. 5, 2013, S.B. 752, codified at CAL. GOV. CODE § 12956.1

Requires the cover page of a declaration, governing document, or deed to state that restrictions based on genetic information contained in the document may be removed

11. TITLE: “Construction of part; continuation of civil rights law and other laws relating to discrimination; effect on retirement, pension and other plans; Unruh Civil Rights Act,” CAL. GOV. CODE § 12993

Amended by “An act to amend Sections . . . of the Government Code . . . “ July 9, 2018, S.B. 1289 to include language regarding genetic discrimination, codified at CAL. GOV. CODE § 12993

Requires this part be construed liberally and not repeal any California laws relating to discrimination because of, among other things, genetic information

12. TITLE: “Discrimination against apprentice or applicant for building and construction trades apprenticeship program; prohibition; equal opportunity; harassment prevention; training; complaints; investigation; compliance,” CAL. LAB. CODE § 3073.9

Initially enacted as “An act to add Section 3073.9 to the Labor Code, relating to employment,” Sept. 22, 2018, A.B. 2358, codified at CAL. LAB. CODE § 3073.9.

Building and construction trades apprenticeship programs may not discriminated based on genetic information

1. TITLE: “Unruh Civil Rights Act; equal rights; business establishments; violations of federal American with Disabilities Act,” CAL. CIV. CODE § 51

Initially enacted as “An act to add four new sections to the Civil Code to be numbered fifty-one, . . . all relating to personal rights,” March 21, 1905, California Statutes of 1905, ch. 413; amended to include language regarding genetic information Sept. 6, 2011, S.B. 559; most recently amended Sept. 8, 2015, S.B. No. 600, codified at CAL. CIV. CODE § 51

Declares that all persons within the jurisdiction of California are free and equal, regardless of their genetic information.

2. TITLE: “Genetic test results; unlawful disclosure; written authorization; penalties,” CAL. CIV. CODE § 56.17

Enacted as “An act to add Chapter 2.5 to Part 2.6 of the Civil Code. . . relating to insurance,” Oct. 9, 1995, S.B. 1020; most recently amended Sept. 29, 2003, A.B. 715, codified at CAL. CIV. CODE §56.17

Provides civil penalties for a person who negligently/willfully discloses the results of a test for a genetic characteristic to any third party in a manner that identifies or provides identifying characteristics of the person to whom the test results apply

3. TITLE: “Annuity contracts; disclosure of individually identifiable information concerning health, medical, or genetic history; prohibition,” CA. CIV. CODE § 56.265

Enacted as “An Act . . . to add Section 56.265 to the Civil Code relating to medical confidentiality,” Sept. 1, 2000, A.B. 2797, codified at CAL. CIV. CODE §56.265

Prohibits a person or entity that underwrites or sells annuity contracts or insurance contracts, including but not limited to illness, disability, death, loss, and damage, and any of that person or entity’s affiliates from disclosing individually identifiable information concerning the genetic history of a customer

4. TITLE: “Restrictive membership clubs; expense receipt statement of tax nondeductibility,” CAL. BUS. & PROF. CODE § 23438

Amended by “An act to amend Section 23438 of the Business and Professions Code, to amend Section 51 of the Civil Code, to amend Section 32228 of the Education Code, to amend Section 354.5 of the Elections Code, to amend Sections 11135, 12920, 12921, 12926, 12926.1, 12930, 12931, 12935, 12940, 12944, 12955, 12955.8, 12956.1, 12956.2, and 12993 of the Government Code, to amend Section 868.8 of the Penal Code, to amend Sections 17269 and 24343.2 of the Revenue and Taxation Code, and to amend Section 4900 of the Welfare and Institutions Code, relating to civil rights,” (California Fair Employment and Housing Act) Sept. 6, 2011, S.B. 559, to include language regarding genetic discrimination, codified at CAL. BUS. & PROF. CODE § 23438

Provides what must be printed on an expenditure receipt for alcoholic beverage club licensees who restrict membership or use of services or facilities based on ancestry or any characteristic listed in CAL. GOV. CODE § 11135, except genetic information

5. TITLE: “Trade or business expense deduction; inapplicable to expenditures made at or payments made to clubs restricting membership or use on basis of ancestry or other characteristics,” CAL. REV. & TAX CODE § 17269

Amended by “An act to amend Section 23438 of the Business and Professions Code, to amend Section 51 of the Civil Code, to amend Section 32228 of the Education Code, to amend Section 354.5 of the Elections Code, to amend Sections 11135, 12920, 12921, 12926, 12926.1, 12930, 12931, 12935, 12940, 12944, 12955, 12955.8, 12956.1, 12956.2, and 12993 of the Government Code, to amend Section 868.8 of the Penal Code, to amend Sections 17269 and 24343.2 of the Revenue and Taxation Code, and to amend Section 4900 of the Welfare and Institutions Code, relating to civil rights,” (California Fair Employment and Housing Act) Sept. 6, 2011, S.B. 559, to include language regarding genetic discrimination, codified at CAL. REV. & TAX CODE § 17269

Provides that the provisions of California’s trade or business expense law won’t apply to expenses a taxpayer incurs with respect to expenditures made at or payments made to a club that has restricted membership based on ancestry or any characteristic listed in CAL. GOV. CODE § 11135, except genetic information

6. TITLE: “Expenditures made at, or payments made to, clubs restricting membership or use on basis of ancestry or other characteristics nondeductible; clubs holding alcoholic beverage licenses; statement of nondeductibility on receipts,” CAL. REV. & TAX CODE § 24343.2

Amended by “An act to amend Section 23438 of the Business and Professions Code, to amend Section 51 of the Civil Code, to amend Section 32228 of the Education Code, to amend Section 354.5 of the Elections Code, to amend Sections 11135, 12920, 12921, 12926, 12926.1, 12930, 12931, 12935, 12940, 12944, 12955, 12955.8, 12956.1, 12956.2, and 12993 of the Government Code, to amend Section 868.8 of the Penal Code, to amend Sections 17269 and 24343.2 of the Revenue and Taxation Code, and to amend Section 4900 of the Welfare and Institutions Code, relating to civil rights,” (California Fair Employment and Housing Act) Sept. 6, 2011, S.B. 559, to include language regarding genetic discrimination, codified at CAL. REV. & TAX CODE § 24343.2

Disallows a deduction for expenses incurred at a club that conditions membership on the basis of ancestry or any characteristic listed in CAL. GOV. CODE § 11135, except genetic information

1. TITLE: “Direct primary health care providers; prohibitions,” COLO. REV. STAT. § 6-23-104

Initially enacted as “An Act concerning the establishment of direct primary health care agreements to operate without regulations by the division of insurance,” April 24, 2017, H.B. 17-1115, codified at COLO. REV. STAT. § 6-23-104

Prohibits primary health care providers from discriminating in the selection of patients based on genetic information

2. TITLE: “Genetic information, limitations on disclosure of information, liability, definitions, legislative declaration,” COLO. REV. STAT. § 10-3-1104.6

Initially enacted as “An act concerning modifications to state insurance laws to comply with recently enacted federal laws,” June 1, 2009, H.B. 09-1338; most recently amended June 10, 2010, H.B. 10-1422, codified at COLO. REV. STAT. § 10-3-1104.6

Provides a definition of genetic information and genetic services; prohibits the use of genetic information for nontherapeutic or underwriting purposes in connection with insurance coverage

3. TITLE: “Genetic testing, legislative declaration, definitions, limitations on disclosure of information,” COLO. REV. STAT. § 10-3-1104.7

Initially enacted as “An act concerning limitations on genetic testing,” June 2, 1994, S.B. 94-58; most recently amended June 1, 2009, H.B. 09-1338, codified as COLO. REV. STAT. § 10-3-1104.7

Prohibits, among other things, the use of genetic information to deny access to group disability insurance or long-term insurance coverage; provides that a violation of this section constitutes “unfair practice,” allows for injured parties to seek recovery and remedies

4. TITLE: “Definitions,” COLO. REV. STAT. § 10-16-102

Repealed and reenacted as “An act concerning the nonsubstantive revision of the laws concerning health care coverage contained in parts 1, 3, and 4 of Article 8 of Title 10 and Articles 16 through 17 of Title 10, Colorado Revised Statutes, as amended,” April 29, 1992, S.B. 92-104; amended to include language regarding genetic information May 1, 1997, S.B. 97-54; most recently amended April 25, 2019, H.B. 19-1172, codified at COLO. REV. STAT. § 10-16-102

Defines health-status-related-factor to include genetic information for this article of the Colorado Statutes

5. TITLE: “Guaranteed issuance of health insurance coverage—individual and small employer health benefit plans,” COLO. REV. STAT. § 10-16-105

Repealed and reenacted as “An act concerning the nonsubstantive revision of the laws concerning health care coverage contained in parts 1, 3, and 4 of Article 8 of Title 10 and Articles 16 through 17 of Title 10, Colorado Revised Statutes, as amended,” April 29, 1992, S.B. 92-104; amended to include language regarding genetic information May 1, 1997, S.B. 97-54; repealed and reenacted May 13, 2013, H.B. 13-1266, codified at COLO. REV. STAT. § 10-16-105

Allows a carrier to elect not to offer coverage under a managed care plan or accept applications for that plan under certain circumstances, so long as the carrier does so with no regard for any individual’s health-status-related factor (including genetic information)

6. TITLE: “Guaranteed renewability—exceptions—individual and small employer health benefit plans,” COLO. REV. STAT. § 10-16-105.1

Enacted as “An act concerning the alignment of state health insurance laws with the requirements of the federal ‘patient protection and affordable care act,’” May 13, 2013, H.B. 13-1266, codified at COLO. REV. STAT. § 10-16-105.1

Allows a carrier to refuse to renew or discontinue coverage under a health benefit plan if certain requirements are met, but the carrier must act without regard for any individual’s health-status-related-factor (including genetic information)

7. TITLE: “Rate usage,” COLO. REV. STAT. § 10-16-105.6

Enacted as “An act concerning the alignment of state health insurance laws with the requirements of the federal ‘patient protection and affordable care act,’” May 13, 2013, H.B. 13-1266; most recently amended June 1, 2017, S.B. 17-249, codified at COLO. REV. STAT. § 10-16-105.6

Prohibits carriers offering individual or group plans from requiring an individual to pay a greater premium contribution based on any health-status-related-factor

1. TITLE: “Preexisting condition coverage,” CONN. GEN. STAT. § 38a-476

Initially enacted as “An act concerning health insurance reform,” June 29, 1993, S.S.B. 861; amended to include language regarding genetic information July 1, 1997, H.B. 8007; most recently amended July 1, 2019, H.B. 5521, codified at CONN. GEN. STAT. § 38a-476

Prohibits genetic information from being treated as a condition in the absence of a diagnosis of the condition related to such genetic information

2. TITLE: “Compliance with the Health Insurance Portability and Accountability Act. Guaranteed renewability. Discrimination based on health status, newborns’ and mothers’ health prohibited. Parity of mental health benefits. Disclosure of information for employers. Construction. Application. Regulations,” CONN. GEN. STAT. § 38a-476a

Enacted as “An act concerning expenditures for the programs and services of the department of public health,” July 1, 1997, H.B. 8007; amended May 31, 2017, S.B. 946, codified at CONN. GEN. STAT. § 38a-476a

Requires carriers to comply with sections 2702, 2704, 2705, and 2712 of the Public Health Service Act, as set forth in HIPAA concerning discrimination based on health status

3. TITLE: “Provisions of small employer plans and arrangements,” CONN. GEN. STAT. § 38a-567

Enacted as “An act concerning the recommendations of the Blue Ribbon Commission on state health insurance,” May 17, 1990, S.S.B. 342; amended to include “health status” language June 3, 1996, H.B. 5363; most recently amended July 10, 2015, S.B. 1023

Prohibits small employer carriers from engaging in the following: encouraging or directing a small employer to refrain from applying for coverage based on health status; encouraging or directing a small employer to seek coverage from another carrier based on health status; varying the price or terms of the small employer plan based on health status

4. TITLE: “Unfair Practices defined,” CONN. GEN. STAT. § 38a-816

Amended to include language regarding genetic information by “An act concerning genetic information and insurance coverage,” June 6, 1997, S.H.B. 6527 ; most recently amended July 1, 2019, H.B. 7424, codified at CONN. GEN. STAT. § 38a-816

Prohibits an entity providing individual or group health insurance coverage from refusing to insure/continue to insure or limiting the amount/kind of coverage because of genetic information; further states that genetic information is not considered a preexisting condition absent a diagnosis

5. TITLE: “Written policies, standards and procedures re medical record information,” CONN. GEN. STAT. § 38a-999

Enacted as “An act concerning managed care accountability,” July 7, 1999, S.H.B. 7032; amended June 13, 2014, H.B. 5254, codified at CONN. GEN. STAT. § 38a-999

Requires an insurance institution to establish policies, standards, and procedures to ensure protection against unauthorized disclosure of sensitive health information, including the results of a genetic test or information indicating an individual has undergone genetic testing

1. TITLE: “Discriminatory employment practices prohibited,” CONN. GEN. STAT. § 46a-60

Amended to include genetic nondiscrimination language by “An act prohibiting the use of genetic information in employment decisions,” June 4, 1998, S.B. 80; most recently amended June 18, 2019, S.B. 3, codified at CONN. GEN. STAT. § 46a-60

Prohibits an employer from requesting or requiring genetic information from an employee or person seeking employment; further prohibits an employer from discharging/expelling/otherwise discriminating against any person on the basis of genetic information

1. TITLE: “Genetics based discrimination,” DEL. CODE ANN. § 18-2317

Initially enacted as “An act to amend titles 18 and 19 of the Delaware Code relating to insurance, employment, and genetic information,” July 17, 1998, S.B. 337, codified at DEL. CODE ANN. § 18-2317

Prohibits any person from discriminating against an individual in issuing, denying, renewing, rate fixing, etc. insurance on the basis of genetic information

2. TITLE: “Association groups,” DEL. CODE ANN. § 18-3506

Amended by “An act to amend Title 18 of the Delaware Insurance Code . . . “ July 1, 1997, S.B. 166, codified at DEL. CODE ANN. § 18-3506

Defines “bona fide association” to mean an association which does not condition membership on any health status-related factor and makes health coverage available to every member regardless of health status-related factors

3. TITLE: “Guaranteed availability of coverage,” DEL. CODE ANN. § 18-3571J

Enacted as “An act to amend Title 18 of the Delaware Code relating to health insurance contracts,” July 15, 2013, H.B. 162, codified at DEL. CODE ANN. § 18-3571J

Allows a health insurer to deny coverage in the group market if it can show, among other things, that it is not doing so with regard to any health status-related factor of any individual or her dependents

4. TITLE: “Prohibiting discrimination against individual participants and beneficiaries based on health status,” DEL. CODE ANN. § 18-3571N

Enacted as “An act to amend title 18 of the Delaware Code relating to health insurance contracts,” July 15, 2013, H.B. 162, codified at DEL. CODE ANN. § 18-3571N

Prohibits a group health plan and health insurer from establishing rules for eligibility of any individual to enroll under the terms of the plan/coverage on the basis of genetic information

5. TITLE: “Definitions,” DEL. CODE ANN. § 18-3572

Initially enacted as “An act to amend title 18 of the Delaware Code relating to health insurance . . . ,” July 3, 1997, S.B. 166; most recently amended August 1, 2007, S.B. 78, codified at DEL. CODE ANN. § 18-3572

Provides a definition for “health status-related factor,” which includes genetic information

6. TITLE: “Limitations on preexisting condition limitations, DEL. CODE ANN. § 18-3573

Initially enacted as “An act to amend title 18 of the Delaware code, relating to health insurance . . . ,” July 3, 1997, S.B. 166; most recently amended July 15, 2013, H.B. 162, codified at DEL. CODE ANN. § 18-3573

Prohibits a health benefit plan from establishing rules for eligibility based on any health status-related factor (including genetic information)

7. TITLE: “Renewability of coverage,” DEL. CODE ANN. § 18-3574(6)(c)

Initially enacted as “An act to amend title 18 of the Delaware Code relating to health insurance . . . ,” July 3, 1997, S.B. 166; most recently amended July 15, 2013, S.B. 44, codified at DEL. CODE ANN. § 18-3574(6)(c)

When exercising the option to discontinue a particular type of health benefit plan, the carrier is prohibited from considering health status-related factors relating to any covered individuals or their beneficiaries who may be eligible for coverage (including genetic information)

8. TITLE: “Rate regulation,” DEL. CODE ANN. § 18-3575

Initially enacted as “An act to amend title 18 of the Delaware Code relating to health insurance . . . ,” July 3, 1997, S.B. 166; most recently amended Aug. 1, 2007, S.B. 78, codified at DEL. CODE ANN. § 18-3575

Prohibits a carrier offering a large group health benefit plan from requiring any individual to pay a higher premium or contribution than others who are similarly situated on the basis of a health status-related factor (including genetic information)

9. TITLE: “Definitions,” DEL. CODE ANN. § 18-3602

Amended to include language regarding health status-related factor and genetic information July 3, 1997, S.B. 166; most recently amended July 15, 2013, H.B. 162, codified at DEL. CODE ANN. § 18-3602

Defines “bona fide association” with respect to health insurance coverage offered in Delaware to require, among other things, membership not conditioned on any health status-related factor and health insurance made available to all members regardless of health status-related factors; defines health status-related factor to include genetic information

10. TITLE: “Guaranteed availability of coverage,” DEL. CODE ANN. § 18-3607

Enacted as “An act to amend title 18 of the Delaware Code relating to health insurance contracts,” July 15, 2013, H.B. 162, codified at DEL. CODE ANN. § 18-3607

Allows a carrier offering individual health care coverage in Delaware to deny coverage to individuals in an area if, among other requirements, it does so uniformly without regard to any individual’s health status-related factor

11. TITLE: “Renewability of coverage,” DEL. CODE ANN. § 18-3608

Enacted as “An act to amend Title 18 of the Delaware Code, relating to health insurance concerning measures necessary for Delaware to maintain regulatory authority over certain aspects of health care coverage under the federal ‘Health Insurance Portability and Accountability Act of 1996,’ and, in connection therewith, making Delaware requirements related to the renewability of health insurance policies, preexisting condition limitations, and guaranteed issue of coverage consistent with Federal law,” July 3, 1997, S.B. 166, codified at DEL. CODE ANN. § 18-3608

Allows an individual health benefit plan to elect not to renew or discontinue offering a particular type of health benefit plan when certain requirements are met, including acting without regard to any individual’s health status-related factor

12. TITLE: “Prohibiting discrimination against individual participants and beneficiaries based on health status,” DEL. CODE ANN. § 18-3611

Initially enacted as “An act to amend title 18 of the Delaware Code relating to health insurance contracts,” July 15, 2013, H.B. 162, codified at DEL. CODE ANN. § 18-3611

Prohibits a carrier offering individual health insurance coverage from establishing rules for eligibility/continued eligibility based on genetic information

13. TITLE: “Availability of coverage; preexisting conditions; minimum participation,” DEL. CODE ANN. § 18-7207

Enacted as “An act to amend Chapter 72, Title 18 of the Delaware Code relating to health insurance for small employers,” July 9, 1992, H.B. 571; amended to include language regarding health status-related factor and genetic information July 3, 1997 S.B. 166; most recently amended July 15, 2013, H.B. 162, codified at DEL. CODE ANN. § 18-7207

Prohibits a health benefit plan from establishing any rules for eligibility based on health status-related factors

1. TITLE: “Definitions,” DEL. CODE ANN. § 19-710

Amended to include language about genetic information by “An act to amend Titles 18 and 19 of the Delaware Code relating to insurance, employment, and genetic information,” July 17, 1998, S.B. 337; most recently amended June 30, 2016, H.B. 317, codified at DEL. CODE. ANN. § 19-710

Provides definitions for the section, including genetic information

2. TITLE: “Unlawful employment practices; employer practices,” DEL. CODE ANN. § 19-711

Amended to include language about genetic information by “An act to amend Titles 18 and 19 of the Delaware Code relating to insurance, employment, and genetic information,” July 17, 1998, S.B. 337; most recently amended June 30, 2016, H.B. 317, codified at DEL. CODE. ANN. § 19-711

Defines unlawful employment practices to include: failing/refusing to hire, discharging, or otherwise discriminating against an individual on the basis of genetic information; limiting, segregating, or classifying employees in a way so as to deprive or otherwise adversely affect and employee’s status on the basis of genetic information; applies to employment agencies and labor organizations as well as individual employers

1. TITLE: “Genetic information for insurance purposes,” FLA. STAT. § 627.4301

Initially enacted as “An act relating to genetic testing for insurance purposes,” May 30, 1997, C.S.H.B. 37 & 127; most recently amended June 15, 2000, C.S.S.B. 2086, codified at FLA. STAT. § 627.4301

Prohibits an insurer from cancelling, denying, or limiting coverage, or establishing different premium rates based on genetic information; further prohibits health insurers from requiring or soliciting genetic information; the restrictions on use of genetic information do not apply to underwriting or issuing a life insurance policy, disability income policy, long term care policy, accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy

2. TITLE: “Preexisting conditions,” FLA. STAT. § 627.6561

Initially enacted as “An act relating to health care . . . ,” March 24, 1992, C.S.S.B. 2390; amended to include language regarding genetic information May 30, 1997, C.S.S.B. 1682; most recently amended April 6, 2016, C.S.C.S.S.B. 1170, codified at FLA. STAT. § 627.6561

Prohibits carriers of group, blanket, and franchise health insurance policies from treating genetic information as a preexisting condition in the absence of a diagnosis of the condition related to such genetic information.

3. TITLE: “Renewability of individual coverage,” FLA. STAT. § 627.6425

Enacted as “An act relating to health care . . . ,” May 25, 1996, effective Oct. 1, 1996, C.S.S.B. 910; amended to include language regarding genetic information May 30, 1997, C.S.S.B. 1682; most recently amended April 6, 2016, effective July 1, 20116, C.S.C.S.S.B. 1170, codified at FLA. STAT. § 627.6425

Allows a carrier providing individual health insurance coverage to individuals to nonrenew or discontinue that coverage under certain circumstances, so long as the carrier is acting uniformly and without regard for any individual’s health-status-related factor (including genetic information)

4. TITLE: “Guaranteed availability of individual health insurance coverage to eligible individuals,” FLA. STAT. § 627.6487

Enacted as “An act relating to health insurance . . . ,” May 30, 1997, C.S.S.B 1687; most recently amended April 6, 2016, effective July 1, 2016, C.S.C.S.S.B. 1170, codified at FLA. STAT. § 627.6487

Allows insurers providing individual health coverage in Florida to deny health coverage to individuals in certain circumstances, so long as the insurer is acting uniformly and without regard for any individual’s health-status-related factor (including genetic information)

5. TITLE: “Prohibiting discrimination against individual participants and beneficiaries based on health status,” FLA. STAT. § 627.65625

Initially enacted as “An act relating to health insurance . . . ,” May 30, 1997, C.S.S.B. 1682, codified at FLA. STAT. § 627.65625

Prohibits an insurer that offers group health insurance policies from establishing rules for eligibility or continued eligibility based on health status-related factors, including genetic information

6. TITLE: “Guaranteed renewability of coverage,” FLA. STAT. § 627.6571

Enacted as “An act relating to health insurance . . . ,” May 30, 1997, C.S.S.B 1687; most recently amended June 10, 2015, effective July 1, 2015, C.S.C.S.H.B. 731, codified at FLA. STAT. § 627.6571

Allows an insurer who provides a group health insurance policy that is made available through a bona fide association to nonrenew or discontinue that policy in certain circumstances, so long as the insurer is acting uniformly and without regard for any individual’s health-status-related factor (including genetic information)

7. TITLE: “Genetic information restrictions,” FLA. STAT. § 636.0201

Initially enacted as “An act relating to genetic testing for insurance purposes,” May 30, 1997, C.S.H.B. 37 & 127, codified at FLA. STAT. § 636.0201

Requires a prepaid limited health service organization to comply with FLA. STAT. § 627.4301 (see above)

8. TITLE: “Preexisting conditions,” FLA. STAT. § 641.31071

Initially enacted as “An act relating to health insurance . . . ,” May 30, 1997, C.S.S.B. 1682; most recently amended April 6, 2016, C.S.C.S.S.B. 1170, codified at FLA. STAT. § 641.31071

Prohibits a health maintenance organization from treating genetic information as a preexisting condition in the absence of a diagnosis of the condition related to such information

9. TITLE: “Prohibiting discrimination against individual participants and beneficiaries based on health status,” FLA. STAT. § 641.31073

Initially enacted as “An act relating to health insurance . . . ,” May 30, 1997, C.S.S.B. 1682, codified at FLA. STAT. § 641.31073

Prohibits health maintenance organizations from establishing rules for eligibility or continued eligibility based on genetic information

10. TITLE: “Guaranteed renewability of coverage,” FLA. STAT. § 641.31074

Enacted as “An act relating to health insurance . . . ,” May 30, 1997, C.S.S.B 1687; most recently amended April 6, 2016, effective July 1, 20116, C.S.C.S.S.B. 1170, codified at FLA. STAT. § 641.31074

Allows a health maintenance organization to discontinue offering a particular policy in certain circumstances, so long as the organization is acting uniformly and without regard for any individual’s health-status-related factor (including genetic information)

11. TITLE: “Prepaid health clinics: genetic information restrictions,” FLA. STAT. § 641.438

Initially enacted as “An act relating to genetic testing for insurance purposes,” May 30, 1997, C.S.H.B. 37 & 127, codified at FLA. STAT. § 641.438

Requires that a prepaid health clinic comply with the requirements of FLA. STAT. § 627.4301 (see above)

1. TITLE: “Life insurance; discrimination on basis of sickle-cell trait prohibited,” FLA. STAT. § 626.9706

Enacted 1978; codified at FLA. STAT. § 626.9706

Prohibits issuers of life insurance from refusing to issue a life insurance policy solely because the person to be insured has the sickle-cell trait; further prohibits charging a higher premium rate solely because the person to be insured has the sickle-cell trait

2. TITLE: “Disability insurance; discrimination on basis of sickle-cell trait prohibited,” FLA. STAT. § 626.9707

Enacted 1978; codified at FLA. STAT. § 626.9707

Prohibits issuers of disability insurance from refusing to issue a disability insurance policy solely because the person to be insured has the sickle-cell trait; further prohibits charging a higher premium rate solely because the person to be insured has the sickle-cell trait

1. TITLE: “Life insurance; discrimination on basis of sickle-cell trait prohibited,” FLA. STAT. § 626.9706

Enacted 1978; codified at FLA. STAT. § 626.9706

Prohibits issuers of life insurance from refusing to issue a life insurance policy solely because the person to be insured has the sickle-cell trait; further prohibits charging a higher premium rate solely because the person to be insured has the sickle-cell trait

2. TITLE: “Disability insurance; discrimination on basis of sickle-cell trait prohibited,” FLA. STAT. § 626.9707

Enacted 1978; codified at FLA. STAT. § 626.9707

Prohibits issuers of disability insurance from refusing to issue a disability insurance policy solely because the person to be insured has the sickle-cell trait; further prohibits charging a higher premium rate solely because the person to be insured has the sickle-cell trait

1. TITLE: “Employment discrimination on the basis of sickle-cell trait prohibited,” FLA. STAT. § 448.075

Enacted 1978; codified at FLA. STAT. § 448.075

Prohibits the denial or refusal of employment because a person has the sickle-cell trait

1. TITLE: “Legislative Intent,” GA. CODE ANN. § 33-54-1

Enacted as “An act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance . . . ,” H.B. 616, codified at GA. CODE ANN. § 33-54-1 et seq.

Sets forth the intent of the chapter—to prevent insurers and others from using information derived from genetic testing to deny access to accident and sickness insurance

2. TITLE: “Definitions,” GA. CODE ANN. § 33-54-2

Enacted as “An act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance . . . ,” H.B. 616; most recently amended May 6, 2019, H.B. 99 codified at GA. CODE ANN. § 33-54-2

Provides definitions for terms used throughout the chapter, including “genetic testing”

3. TITLE: “Purposes for which genetic testing may be conducted; consent to testing; confidentiality of information,” GA. CODE ANN. § 33-54-3

Enacted as “An act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance . . . ,” H.B. 616, codified at GA. CODE ANN. § 33-54-1 et seq.

Specifies that, generally, genetic testing may only be conducted to obtain information for therapeutic or diagnostic purposes; requires the written consent of the person being tested; establishes that information derived from genetic tests is confidential and privileged and insurers may not release that information to third parties without the express written consent of the individual tested

4. TITLE: “Prohibited Use of Information Received by Insurer,” GA. CODE ANN. § 33-54-4

Enacted as “An act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance . . . ,” H.B. 616, codified at GA. CODE ANN. § 33-54-1 et seq.

Prohibits insurers who receive genetic information from using that information for nontherapeutic purposes

5. TITLE: “Disclosure to law enforcement agencies of information regarding identity of individuals subject to criminal investigation or prosecution,” GA. CODE ANN. § 33-54-5

Enacted as “An act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance . . . ,” H.B. 616, codified at GA. CODE ANN. § 33-54-1 et seq.

Genetic test information may be disclosed to law enforcement conducting an investigation or prosecution of the individual tested; written consent is not necessary

6. TITLE: “Use of information for scientific research purposes,” GA. CODE ANN. § 33-54-6

Enacted as “An act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance . . . ,” H.B. 616, codified at GA. CODE ANN. § 33-54-1 et seq.

Any research facility may conduct and use genetic information for scientific research purposes so long as the facility does not disclose any genetic information to any third party

7. TITLE: “Insurance, genetic testing: exception of certain insurance policies,” GA. CODE ANN. § 33-54-7

Enacted as “An act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance . . . ,” H.B. 616, codified at GA. CODE ANN. § 33-54-1 et seq.

Exempts life, disability income, accidental death or dismemberment, Medicare supplement¹, long term care insurance, credit insurance, specified disease, hospital indemnity, blanket accident & sickness, franchise, limited accident, workers’ compensation, and other limited accident & sickness policies from this chapter

^{1 Georgia has since enacted a regulation, GA. COMP. R. & REGS. 120-2-8-.24, which prohibits the issuer of a Medicare supplement policy from denying or conditioning the issuance or effectiveness of the policy on the basis of genetic information and further prohibits the issuer from discriminating in the pricing of the policy on the basis of genetic information (adopted Apr. 27, 1999; most recently amended Sept. 23, 2009).}

8. TITLE: “Insurance, genetic testing: civil penalties,” GA. CODE ANN. § 33-54-8

Enacted as “An act to amend Title 33 of the Official Code of Georgia Annotated, relating to insurance . . . ,” H.B. 616, codified at GA. CODE ANN. § 33-54-1 et seq.

Establishes civil penalties for an insurer who uses genetic information in violation of this chapter

1. TITLE: “Genetic information nondiscrimination in accident and health or sickness insurance coverage,” HAW. REV. STAT. § 431:10A-118

Enacted as “A bill for an act relating to genetic information,” April 29, 1997, S.B. 1565; most recently amended June 26, 2003, H.B. 1164, codified at HAW. REV. STAT. § 431:10A-118

Prohibits insurers from using or requesting individual or family member genetic information to deny or limit coverage, or to establish eligibility. Further prohibits insurers from requiring collection or disclosure of individual or family member genetic information; further prohibits an insurer from disclosing genetic information without the individual’s or family members’ written consent.

2. TITLE: “Genetic information nondiscrimination in extended health insurance coverage,” HAW. REV. STAT. § 431:10A-404.5

Enacted as “A bill for an act relating to genetic information and genetic testing,” June 28, 2002, S.B. 2180, codified at HAW. REV. STAT. § 431:10A-404.5

Prohibits an insurer from using an individual’s or family member’s genetic information/request for genetic services to deny or limit any coverage or to establish eligibility, continuation, enrollment, or premium payments; further prohibits an insurer from requesting or requiring collection or disclosure of genetic information; further prohibits an insurer from disclosing an individual’s genetic information without that individual’s written consent

3. TITLE: “Genetic information nondiscrimination in health insurance coverage,” HAW. REV. STAT. § 432:1-607

Enacted as “A bill for an act relating to genetic information,” April 29, 1997, S.B. 1565, codified at HAW. REV. STAT. § 432:1-607

Prohibits a mutual benefit society from using genetic information to deny or limit coverage; further prohibits a mutual benefit society from using such information to establish eligibility, continuation, enrollment, or premium payments; further prohibits a society from requesting or requiring the collection or disclosure of genetic information about an individual or their family; further prohibits the society from disclosing genetic information of an individual without that individual’s written consent

4. TITLE: “Genetic information nondiscrimination in health insurance coverage,” HAW. REV. STAT. § 432:2-404.5

Enacted as “A bill for an act relating to genetic information and genetic testing,” June 28, 2002, S.B. 2180, codified at HAW. REV. STAT. § 432:2-404.5

Prohibits a fraternal benefit society from using or requesting genetic information from an individual to deny or limit coverage; further prohibits a fraternal benefit society from using such information to establish eligibility, continuation, enrollment, or premium payments; further prohibits the society from requesting or requiring the collection or disclosure of genetic information about an individual or their family; further prohibits the society from disclosing genetic information of an individual without that individual’s written consent

5. TITLE: “Genetic information nondiscrimination in health insurance,” HAW. REV. STAT. § 432D-26

Enacted as “A bill for an act relating to genetic information,” April 29, 1997, S.B. 1565, codified at HAW. REV. STAT. § 432D-26

Prohibits a health maintenance organization from using or requesting individual or family member genetic information to deny or limit coverage; further prohibits the organization from using such information to establish eligibility, continuation, enrollment, or premium payments; further prohibits the organization from requesting or requiring collection or disclosure of genetic information; further prohibits the organization from disclosing genetic information without the written consent of the individual or family member

1. TITLE: “Definitions,” HAW. REV. STAT. § 378-1

Amended to include definitions regarding genetic information June 28, 2002, S.B. 2180; most recently amended July 2, 2019, H.B. 710, codified at HAW. REV. STAT. § 378-1

Provides definitions for genetic information, genetic test, and “being regarded as having such an impairment,” which includes genetic information/refusal to submit a genetic test (note: although this provision provides definitions for these terms, these terms are not mentioned again anywhere in this part)

1. TITLE: “Unfair methods of competition and unfair or deceptive acts or practices defined,” IOWA CODE § 507B.4

Amended by ”An act relating to the use of genetic information and samples for genetic testing . . . ,” April 23, 2010, S.F. 2215, to include language regarding genetic information; most recently amended March 15, 2018, H.F. 2237, codified at IOWA CODE § 507B.4

Establishes that it is unfair discrimination to release or use genetic information resulting from a failure to comply with IOWA CODE § 729.6

2. TITLE: “Eligibility to enroll,” IOWA CODE § 513B.9A

Initially enacted as “An act relating to the requirements for portability and continuity of health care coverage for individuals among certain types of health care coverage, and related matters,” May 1, 1997, H.F. 701; amended May 12, 2017, H.F. 393, codified at IOWA CODE § 513.9A

Prohibits a carrier offering group health insurance coverage from establishing rules for eligibility or continued eligibility of an individual to enroll under coverage based on genetic information

3. TITLE: “Availability of coverage,” IOWA CODE § 513B.10

Initially enacted as “An act relating to health insurance availability to employees of small employers and providing for certain assessments,” April 28, 1992, H.F. 2370; amended May 1, 1997, H.F. 701 to include language about genetic information; most recently amended May 12, 2017, H.F. 393, codified at IOWA CODE § 513B.10

Prohibits a carrier offering health insurance coverage for small employers from treating genetic information as a preexisting condition in the absence of a diagnosis of the condition related to such information

1. TITLE: “Genetic testing,” IOWA CODE § 729.6

Initially enacted as “An act relating to the use of genetic testing in employment situations by employers, employment agencies, labor organizations, and licensing agencies, and providing civil remedies,” April 13, 1992, S.F. 2145; most recently amended April 29, 2010, H.F. 2531, codified at IOWA CODE § 729.6

Provides definitions relevant to this provision; prohibits employers, employment agencies, labor organizations, and licensing agencies from: soliciting, requiring, or administering a genetic test as a condition of employment, preemployment, members, or licensure; affecting the terms, conditions, privileges of employment, preemployment, membership, licensure, or terminate any person who obtains a genetic test; obtaining genetic testing information from an individual without informed and written consent; performing genetic testing on an individual or collecting, retaining, transmitting, or using genetic information without informed and written consent; further prohibits a person from selling or interpreting for an employer a genetic test of an employee; further prohibits an agreement between a person and an employer offering such person employment or any pay benefit in return for submitting to genetic testing

Prohibits a health insurer from releasing genetic information of an individual without prior written authorization, from discriminating against an individual on the basis of genetic testing or information, considering genetic propensity, susceptibility, or carrier status as a preexisting condition for the purpose of limiting or excluding benefits, establishing rates, or providing coverage, using genetic information or testing for underwriting health insurance in the individual and group markets

1. TITLE: “Crediting of preexisting condition waiting period,” IDAHO CODE § 41-2221

Initially enacted as “An act relating to insurance . . . to provide for crediting of preexisting condition waiting periods in health benefit plans of large employers under certain conditions,” January 1, 1997, S.B. 1322; most recently amended July 1, 1997, S.B. 1249, codified at IDAHO CODE § 41-2221

Prohibits health benefit plans covering large employers from considering genetic information as a preexisting condition in the absence of a diagnosis of the condition related to such information

2. TITLE: “Preexisting conditions,” IDAHO CODE § 41-3940

Initially enacted as “An act relating to insurance . . . to provide for crediting of preexisting condition waiting periods in health benefit plans of large employers under certain conditions,” July 1, 1997, S.B. 1249; codified at IDAHO CODE § 41-3940

Prohibits general managed care plans from considering genetic information as a preexisting condition in the absence of a diagnosis of the condition related to such information

3. TITLE: “Availability of coverage, preexisting conditions, portability,” IDAHO CODE § 41-4708

Initially enacted as “An act relating to insurance . . . ,“ March 26, 1993, S.B. 1039; genetic information language added July 1, 1997, S.B. 1249; most recently amended July 1, 2000, H.B. 750, codified at IDAHO CODE § 41-4708

Prohibits genetic information from being considered a preexisting condition absent a diagnosis related to such information; further prohibits a health benefit plan covering small employers from denying, excluding, or limiting benefits for a covered individual for covered expenses incurred more than 12 months after the policy’s effective date of coverage due to a preexisting condition

1. TITLE: “Unfair discrimination—life insurance, annuities, and disability insurance,” IDAHO CODE § 41-1313

Amended to include language regarding genetic information by “An act relating to genetic testing privacy,” July 1, 2006, S.B. 1423, codified at IDAHO CODE § 41-1313

Prohibits any person from discriminating in issuing coverage, or fixing rates, terms, or conditions for disability insurance or any health benefit plan based on genetic information

1. TITLE: “Unfair discrimination—life insurance, annuities, and disability insurance,” IDAHO CODE § 41-1313

Amended to include language regarding genetic information by “An act relating to genetic testing privacy,” July 1, 2006, S.B. 1423, codified at IDAHO CODE § 41-1313

Prohibits any person from discriminating in issuing coverage, or fixing rates, terms, or conditions for disability insurance or any health benefit plan based on genetic information

1. TITLE: “Use of information derived from genetic testing,” 215 ILL. COMP. STAT. § 5/356v

Initially enacted as “An act concerning genetic information privacy,” June 23, 1997, H.B. 8; most recently amended Aug. 14, 1999, H.B. 1348; codified at 215 ILL. COMP. STAT. § 5/356V

Requires insurer to comply with the genetic information privacy act in connection with amendment, delivery, issuance, renewal, or claims for denial over coverage under individual or group policy of accident and health insurance; further prohibits genetic information from being treated as a preexisting condition absent a diagnosis of the condition related to that genetic information

2. TITLE: “Increased portability through limitation on preexisting condition exclusions,” 215 ILL. COMP. STAT. § 97/20

Initially enacted as “An act concerning health insurance, amending named Acts,” June 26, 1997, S.B. 802; most recently amended Aug. 12, 1998, H.B. 705, codified at ILL. COMP. STAT. § 97/20

Prohibits genetic information from being considered a preexisting condition absent a diagnosis of the condition related to such information

3. TITLE: “Prohibiting discrimination against individual participants,” 215 ILL. COMP. STAT. § 97/25

Initially enacted as “An act concerning health insurance, amending named Acts,” June 26, 1997, S.B. 802, codified at ILL. COMP. STAT. 215 § 97/25

Prohibits a group health plan and health insurance issuer offering group coverage in connection with a group plan from establishing rules of eligibility based on genetic information

4. TITLE: “Medical patient rights act: rights established,” 410 ILL. COMP. STAT. § 50/3

Amended by “Illinois Act of Aug. 25, 2014” to add genetic information language Aug. 25, 2014, effective Jan. 1, 2015, H.B. 5925, codified at 410 ILL. COMP. STAT. § 50/3

Establishes for each medical patient the right to privacy and confidentiality in healthcare; provides the right for patients to opt out of their health information being transmitted to or through a health information exchange through Section 31.8 of the Genetic Information Privacy Act (see below)

1. TITLE: “Patient’s written consent to insurer to obtain records or medical information,” IND. CODE § 16-39-5-2

Initially enacted as “An act to amend the Indiana Code concerning insurance,” May 12, 1997, effective Jan. 1, 1998, H.E.A. 1684, codified at IND. CODE § 16-39-5-2

Prohibits insurance companies that are not life insurance companies from obtaining results of genetic screening or testing without separate written consent by the subject of the screening/testing; further prohibits an insurance company that inadvertently receives testing or screening results from using the genetic screening or testing results

2. TITLE: “Enumeration of unfair methods of competition and deceptive acts and practices, rules relating to dishonest or predatory insurance practices,” IND. CODE § 27-4-1-4

Amended by “An act to amend the Indiana Code concerning insurance,” May 12, 1997, effective Jan. 1, 1998, H.E.A. 1684 to include language about genetic nondiscrimination; most recently amended March 16, 2018, S.E.A. 341, codified at IND. CODE § 27-4-14

Establishes unfair methods of competition and unfair and deceptive acts and practices in insurance, includes violating IND. CODE § 27-8-26, concerning genetic screening and testing, in this list

3. IND. CODE §§ 27-8-26-1 – 27-8-26-11: GENETIC SCREENING OR TESTING

§ 27-8-26-1 — Applicability of Chapter

AMENDMENTS: Added May 12, 1997, effective Jan. 1, 1998, H.E.A. 1684

DESCRIPTION: Establishes that this chapter applies to every accident and sickness insurance policy, every group or individual contract through which a health maintenance organization furnishes health care services so long as the contract is delivered, executed, or renewed in Indiana, every state or local government entity’s health care plan that provides coverage on a self-insurance basis in Indiana, and every self-funded employee welfare benefit plan; does not apply to accident-only, credit, or disability income insurance, supplemental liability insurance coverage, worker’s compensation or similar insurance, automobile medical payment insurance, and life insurance

§ 27-8-26-2 — Genetic screening or testing defined

AMENDMENTS: Added May 12, 1997, effective Jan. 1, 1998, H.E.A. 1684

DESCRIPTION: Defines genetic testing or screening

§ 27-8-26-3 — Health care services coverage defined

AMENDMENTS: Added May 12, 1997, effective Jan. 1, 1998, H.E.A. 1684

DESCRIPTION: Defines health care services coverage

§ 27-8-26-4 — Insurer defined

AMENDMENTS: Added May 12, 1997, effective Jan. 1, 1998, H.E.A. 1684

DESCRIPTION: Defines insurer

§27-8-26-5 — Determination of eligibility for health care services coverage by insurer; prohibitions

AMENDMENTS: Added May 12, 1997, effective Jan. 1, 1998, H.E.A. 1684

DESCRIPTION: Prohibits an insurer from requiring an individual to submit to genetic screening or testing in seeking coverage, considering any information obtained from genetic screening or testing in a manner adverse to an applicant or individual, inquiring into the results of genetic screening or testing to use such information to cancel, refuse to issue or renew, or limit benefits under coverage, or making a decision adverse to an applicant based on entries related to results of genetic testing or screening in medical records or other genetic screening or testing reports

§ 27-8-26-6 — Questions by insurer regarding genetic screening or testing results prohibited

AMENDMENTS: Added May 12, 1997, effective Jan. 1, 1998, H.E.A. 1684

DESCRIPTION: Prohibits an insurer from asking for the results of a genetic screening or test, and from asking questions designed to ascertain the results of such screening or test, for purposes of questioning an applicant about their medical history

§ 27-8-26-7 — Refusal of health care services coverage based on genetic screening or testing results prohibited

AMENDMENTS: Added May 12, 1997, effective Jan. 1, 1998, H.E.A. 1684

DESCRIPTION: Prohibits an insurer from cancelling, refusing to issue/renew/enter into a contract for health care services coverage based on geniting screening or testing results

§ 27-8-26-8 — Limitation of benefits or establishment of premiums based on genetic screening or testing results prohibited

AMENDMENTS: Added May 12, 1997, effective Jan. 1, 1998, H.E.A. 1684

DESCRIPTION: Prohibits an insurer from delivering, issuing for delivery, renewing, or executing a contract for health coverage that limits benefits or establishes premiums based on genetic screening or testing results

§ 27-8-26-9 — Consideration of genetic screening or testing results by insurer

AMENDMENTS: Added May 12, 1997, effective Jan. 1, 1998, H.E.A. 1684

DESCRIPTION: Permits an insurer to consider the results of a genetic screening or test if the results are voluntarily submitted and favorable to the applicant

§ 27-8-26-10 — Enforcement of chapter; rules

AMENDMENTS: Added May 12, 1997, effective Jan. 1, 1998, H.E.A. 1684

DESCRIPTION: Gives commissioner ability to enforce chapter and adopt rules

§ 27-8-26-11 — Violation unfair and deceptive act or practice

AMENDMENTS: Added May 12, 1997, effective Jan. 1, 1998, H.E.A. 1684

DESCRIPTION: Establishes that a violation of this chapter is an unfair and deceptive act or practice in the business of insurance

1. TITLE: “Group sickness and accident insurance,” KAN. STAT. ANN. § 40-2209

Amended by “An act relating to health care; relating to accident and health insurance; group and individual policies of insurance; patient protection; women's-right-to-know; amending K.S.A. 40–2118, 40–2201, 40–2228 and 65–6701 and K.S.A. 1996 Supp. 40–2,105, 40–2119, 40–2121, 40–2122, 40–2124, 40–2209, 40–2209d, 40–2209f and 40–3209 and repealing the existing sections; also repealing K.S.A. 65–6706,” May 15, 1997, S.B. 204, to include genetic information language; most recently amended May 1, 2019, H.B. 2209, codified at KAN. STAT. ANN. § 40-2209

Prohibits genetic information from being treated as a preexisting condition in the absence of a diagnosis of the condition related to such information; further prohibits an accident and sickness insurer offering a group policy from establishing rules for eligibility under the terms of the group policy based on genetic information

2. TITLE: “Required coverage for all applying small employers, medical service enrollment, limitations, denial of coverage, when, definitions,” KAN. STAT. ANN. § 40-2209p

Enacted as “An act relating to health care . . . ,” May 15, 1997, S.B. 204, codified at KAN. STAT. ANN. § 40-2209p

Prohibits a small employer accident and sickness insurer from denying coverage based on a health status related factor, which includes genetic information

3. TITLE: “Individual policies, renewal or continuation of coverage, exceptions, discontinuance of policy, definitions,” KAN. STAT. ANN. § 40-2257

Enacted as “An act relating to health care . . . ,” May 15, 1997, S.B. 204, codified at KAN. STAT. APP. § 40-2257

Prohibits an accident and sickness insurer from discontinuing or refusing to renew an individual policy based on any health status related factor, including genetic information

4. TITLE: “Genetic screening or testing, prohibiting the use of, exceptions, restrictions,” KAN. STAT. ANN. § 40-2259

Enacted as “An act relating to health care . . . ,” May 15, 1997, S.B. 204; most recently amended April 15, 2010, H.B. 2501, codified at KAN. STAT. ANN. § 40-2259

Provides definition for genetic screening or testing;

Prohibits insurance companies, health maintenance organizations, nonprofit medical and hospital, dental, optometric or pharmacy corporation offering group policies and certificates of coverage from engaging in the following behaviors: requiring or requesting an individual or any of their family members to obtain a genetic test; requiring or requesting an individual to reveal whether they or any of their family members have obtained a genetic test or the results of that test; conditioning the provision of insurance coverage or health care benefits on whether an individual has obtained a genetic test or the results of such test; considering in the determination of rates or any other aspect of insurance coverage or benefits provided whether an individual has obtained a genetic test; requiring any individual as a condition of enrollment or continued enrollment to pay a premium of contribution greater than a similarly situated person based on whether that individual has obtained a genetic test; and adjusting premium or contribution amount on the basis of whether the individual has obtained a genetic test;

Provides exceptions for insurers writing life insurance, disability income insurance, or long-term care insurance coverage

1. TITLE: “Kansas Acts Against Discrimination, Act of 1953 and amendments: Definitions,” KAN. STAT. ANN. § 44-1002

Amended by “An act concerning unlawful employment practices; relating to genetic testing; amending K.S.A. 44–1002 and 44–1009 and repealing the existing sections,” March 29, 1999, S.B. 22, to prohibit genetic discrimination by employers; most recently amended March 29, 2012, H.B. 2335, codified at KAN. STAT. ANN. § 44-1002

Provides definition for genetic screening or testing

2. TITLE: “Kansas Acts Against Discrimination, Act of 1953 and amendments: Unlawful employment practices, unlawful discriminatory practices,” KAN. STAT. ANN. § 44-1009

Amended by “An act concerning unlawful employment practices; relating to genetic testing; amending K.S.A. 44–1002 and 44–1009 and repealing the existing sections,” March 29, 1999, S.B. 22, to prohibit genetic discrimination by employers, codified at KAN. STAT. ANN. § 44-1009

Provides that it is an unlawful employment practice for any employer to seek or obtain genetic screening or testing information about an employee to distinguish between or discriminate against, or restrict any right or benefit otherwise due to an employee; further provides that it is an unlawful employment practice for any employer to subject any employee to any genetic screening or test

1. TITLE: “Denial of insurance because of race, color, religion, national origin, or sex prohibited; genetic tests,” KY. REV. STAT. ANN. § 304.12-085

Amended by “An act relating to health insurance, making an appropriation therefor, and declaring an emergency,” April 10, 1998, H.B. 315 to include genetic information discrimination language, codified at KY. REV. STAT. ANN. § 304.12-085

For benefits offered in connection with group or individual benefit plans, prohibits insurers from denying, canceling, refusing to renew, and varying premiums, terms, or conditions based on a genetic test for which symptoms have not manifested or based on the fact that the participant has requested or received genetic services; further prohibits health benefits plans offering health insurance in connection with a health benefit plan offering disability insurance from requesting or requiring and applicant, participant, or beneficiary to disclose any genetic information; further prohibits health benefit plans from disclosing any results of a genetic test about a participant without prior authorization by the participant

2. TITLE: “Prohibition against establishing certain rules of eligibility in small group, large group, or association markets, limitation on premium, participation rules, effect of denial of coverage, definitions,” KY. REV. STAT. ANN. § 304.17A-200

Initially enacted as “An act relating to health insurance, making an appropriation therefor, and declaring an emergency,” April 10, 1998, H.B. 315; most recently amended March 25, 2010, H.B. 393, codified at KY. REV. STAT. ANN. § 304.17A-200

Prohibits insurers offering health benefit plan coverage in small group, large group, or association market from establishing rules for eligibility of any individual to enroll under terms of the plan based on health status-related factor such as genetic information

3. TITLE: “Preexisting condition exclusion in group coverage, definitions for section,” KY. REV. STAT. ANN. § 304.17A-220

Initially enacted as “An act relating to health insurance, making an appropriation therefor, and declaring an emergency,” April 10, 1998, H.B. 315; most recently amended March 25, 2010, H.B. 393, codified at KY. REV. STAT. ANN. § 304.17A-220

Prohibits a group health plan from imposing a preexisting condition exclusion relating to a condition based only on genetic information; provides that, if an individual is diagnosed with a condition, even if the condition is related to genetic information, an insurer may then impose a preexisting condition exclusion with respect to the condition

4. TITLE: “Preexisting condition exclusion in individual market; prohibition against use of genetic information; administrative regulations,” KY. REV. STAT. ANN. § 304.17A-230

Initially enacted as “An act relating to health insurance, making an appropriation therefor, and declaring an emergency,” April 10, 1998, H.B. 315; most recently amended March 25, 2010, H.B. 393, codified at KY. REV. STAT. ANN. § 304.17A-230

Prohibits health insurers offering individual health benefit plan coverage in the individual market from treating genetic information as a preexisting condition absent a diagnosis of the condition related to the information

1. TITLE: “Prohibited discrimination; prenatal test results,” LA. STAT. ANN. § 22:1022

Initially enacted as “An act to amend and reenact R.S. 22:2002(7) . . . relative to health insurers, to prohibit the use of prenatal test results by health insurers under certain circumstances,” July 15, 1997, H.B. 1590; amended May 28, 2003, S.B. 1466; renumbered June 21, 2008, S.B. 335, codified at LA. STAT. ANN. § 22:1002

Prohibits hospital, health, and medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, health and accident insurance policy, and any other insurance contract of that type, including group plans, from doing any of the following on the basis of any prenatal test result: terminate, restrict, limit, or otherwise apply conditions to the coverage under the policy or plan, or restrict the sale of the policy or plan in force; cancel or refuse renewal of the coverage under the policy or plan in force; deny coverage or exclude an individual or family member from coverage under the policy or plan in force; impose a rider that excludes coverage for certain benefits or services under the policy or plan in force; establish differentials in premium rates or cost sharing for coverage under the policy or plan in force; otherwise discriminate against an individual or family member in the provision of insurance

2. TITLE: “Prohibited discrimination, genetic information, disclosure requirements,” LA. STAT. ANN. § 22:1023

Initially enacted as “An act to amend and reenact R.S. 22:2002(7) . . . relative to health insurers, to prohibit the use of prenatal test results by health insurers under certain circumstances,” July 15, 1997, H.B. 1590; renumbered June 21, 2008, S.B. 335; most recently amended May 10, 2016, H.B. 613, codified at LA. STAT. ANN. § 22:1023

Provides definitions for terms used, including genetic analysis, genetic characteristic, genetic information, genetic services, and genetic test;

Prohibits insurers from engaging in the following acts on the basis of genetic information: terminating, restricting, limiting, or applying conditions to coverage; restricting sale of a policy; canceling or refusing to cover a person; denying coverage or excluding a person from coverage under the plan; imposing a rider that excludes certain benefits or services under the plan; otherwise discriminating against a person in the provision of insurance;

Further prohibits insurers from requiring an applicant for coverage or a covered person to be subjected to questions related to genetic information; further prohibits insurers from requesting, requiring, or purchasing genetic information from a person for underwriting or prior to that person’s enrollment; further prohibits insurers from requesting or requiring that person to undergo genetic testing; further prohibits insurers from establishing rules for eligibility based on genetic information; further prohibits an insurer from imposing a preexisting condition exclusion on the basis of genetic information; adjusting a premium or contribution amounts for a person based on genetic information; obtaining genetic information from an insured, from their DNA sample, without first obtaining written informed consent from that person;

Establishes that an insured’s genetic information is the property of the insured; prohibits any person from retaining an insured’s genetic information without first obtaining written authorization from the insured

3. TITLE: “Definitions,” LA. STAT. ANN. § 22:1061

Initially enacted as “An act to amend and reenact RS 22:214.3(B), . . . relative to health insurance . . . ,” July 14, 1997, S.B. 1309; renumbered June 21, 2008, S.B. 335; most recently amended May 9, 2016, H.B. 782, codified at LA. STAT. ANN. § 22:1061

Prohibits genetic information from being treated as a preexisting condition in the absence of a diagnosis of the condition related to such information

4. TITLE: “Prohibiting discrimination against individual participants and beneficiaries based on health status,” LA. STAT. ANN. § 22:1063

Initially enacted as “An act to amend and reenact RS 22:214.3(B), . . . relative to health insurance . . . ,” July 14, 1997, S.B. 1309; renumbered June 21, 2008, S.B. 335; most recently amended Sept. 23, 2010, H.B. 744, codified at LA. STAT. ANN. § 22:1063

Prohibits an insurer offering a group health plan from establishing rules of eligibility based on, among other health status-related factors, genetic information; further prohibits the insurer from requiring an individual to pay a higher premium or otherwise varying the terms of the plan based on a health status-related factor, including genetic information

5. TITLE: “Guaranteed availability of coverage for employers in the group market,” LA. STAT. ANN. § 22:1067

Initially enacted as “An act to amend and reenact RS 22:214.3(B), . . . relative to health insurance . . . ,” July 14, 1997, S.B. 1309; renumbered June 21, 2008, S.B. 335, codified at LA. STAT. ANN. § 22:1067

Allows a health insurer to deny coverage in the small group market if certain conditions are met, including applying the decision uniformly without any regard for an individual’s health status-related factor

6. TITLE: “Guaranteed renewability of coverage for employers in the group market,” LA. STAT. ANN. § 22:1068

Initially enacted as “An act to amend and reenact RS 22:214.3(B), . . . relative to health insurance . . . ,” July 14, 1997, S.B. 1309; renumbered June 21, 2008, S.B. 335; most recently amended May 25, 2012, S.B. 206, codified at LA. STAT. ANN. § 22:1068

Allows a health insurer to non-renew or discontinue group coverage in the small or large group market under certain circumstances, so long as the insurer acts uniformly without regard to any individual’s health status-related factor

7. TITLE: “Discrimination in rates or failure to provide coverage because of severe disability or sickle cell trait prohibited,” LA. STAT. ANN. § 22:1097

Renumbered June 21, 2008, S.B. 335; most recently amended June 23, 2014, H.B. 63, codified at LA. STAT. ANN. § 22:1097

Prohibits insurance companies from charging unfair discriminatory premiums, policy fees, or rates, or refusing to provide a policy, subscriber agreement, or life insurance contract, life annuity, or disability coverage solely because the applicant has sickle cell trait; further prohibits companies from discriminating in the payments of dividends, other benefits payable under a policy, or in any of the terms and conditions a policy solely because the insured has the sickle cell trait

8. TITLE: “Methods, acts, and practices which are defined as unfair or deceptive,” LA. STAT. ANN. § 22:1964

Amended by “An act . . . relative to health insurance . . . ,” July 15, 1997, H.B. 1590, to include language regarding genetic discrimination; renumbered June 21, 2008, S.B. 335; most recently amended June 23, 2014, H.B. 1195, codified at LA. STAT. ANN. § 22:1964

Discrimination against an insured, enrollee, or beneficiary in issuing, paying benefits, withholding coverage, canceling or nonrenewal of a policy, contract, plan, or program based upon the results of a genetic test or receipt of information is an unfair method of competition and an unfair or deceptive act or practice in the business of insurance in Louisiana

1. TITLE: “Prohibited discrimination in employment, general provisions: definitions,” LA. STAT. ANN. § 23:302

Initially enacted as “An act to . . . enact Chapter 3-a of Title 23 of the Louisiana Revised Statutes . . . ,” July 15, 1997, H.B. 1453; amended to prohibit genetic discrimination June 6, 2001, S.B. 651, codified at LA. STAT. ANN. § 23:302

Provides definitions for genetic monitoring, genetic services, genetic test, and protected genetic information

2. TITLE: “Prohibition of sickle cell trait discrimination,” LA. STAT. ANN. § 23:352

Initially enacted as “An act to . . . enact Chapter 3-a of Title 23 of the Louisiana Revised Statutes . . . ,” July 15, 1997, H.B. 1453, codified at LA. STAT. ANN. 23:302

Provides that the following acts by an employer are unlawful: failing/refusing to hire an individual based on sickle cell trait; discharging an individual based on sickle cell trait; otherwise discriminating against an individual with respect to compensation, or terms, conditions or privileges of employment based on sickle cell trait; limiting, segregating, or classifying an employees in a way that would deprive an individual of employment opportunities because that individual has sickle cell trait; reducing the wage rate or any employee in order to comply with this Part;

Further provides that it is unlawful for an employment agency to do the following: fail or refuse to refer and individual for employment because the individual has sickle cell trait; classify or refer for employment based on the individual possessing the sickle cell trait;

Further provides it is unlawful for a labor organization to exclude or expel from membership, or otherwise discriminate against, an individual because the individual has sickle cell trait

3. TITLE: “Prohibition of genetic discrimination in the workplace, privacy,” LA. STAT. ANN. § 23:368

Enacted as “An act to enact . . . Part VII of Chapter 3-A of Title 23 of the Louisiana Revised Statutes, . . . to provide for genetic information and privacy,” June 6, 2001, S.B. 561, codified at LA. STAT. ANN. § 23:368

Prohibits discrimination against an otherwise qualified individual based on protected genetic information;

Prohibits a labor organization from excluding or expelling an individual from membership based on protected genetic information;

Further prohibits employers, labor organizations, and employment agencies from engaging in the following: discharging, failing or refusing to hire, or otherwise discriminating against an employee in compensation, or terms, conditions, or privileges of employment based on protected genetic information or based on information about a request for receipt of genetic services; limiting, segregating, or classifying an employee in a manner that deprives them of opportunities or otherwise adversely affects them because of protected genetic information or because of information about a request for genetic services; requiring, collecting, or purchasing protected genetic information of an employee or information about an employee’s request for genetic services; disclosing protected genetic information or information about a request for genetic services;

Allows employers, labor organizations, and employment agencies to request, collect, or purchase protected genetic information of an employee for therapeutic purposes only if the employee uses genetic or health care services provided by the employer; the employee has provided prior knowing, voluntary, and written authorization to the employer to collect protected genetic information;

Provides other exceptions

1. TITLE: “Terms of accident or sickness insurance policies; genetic tests; discrimination based on genetic information,” MASS. GEN. LAWS, ch. 175, § 108H

Enacted as “An act relative to insurance and genetic testing and privacy information,” Aug. 22, 2000, H.B. 5416, codified at MASS. GEN. LAWS, ch. 175, § 108H

Prohibits companies, and officers and agents thereof, and insurance brokers from engaging in the following behaviors: refusing to issue or renew an individual policy for accident and sickness insurance based on genetic information; making or permitting any distinction or discrimination in the amount of payment of premiums, rates charged, length of coverage, or any other terms of an individual policy for accident and sickness insurance based on genetic information; requiring or requesting genetic tests or genetic information as a condition of the issuance or renewal of any policy; establishes that any violation of this section constitutes an unfair method of competition or deceptive act or practice

2. TITLE: “Medical services plans; Genetic tests; Discrimination based on genetic information,” MASS. GEN. LAWS, ch. 176A, § 3B

Enacted as “An act relative to insurance and genetic testing and privacy information,” Aug. 22, 2000, H.B. 5416, codified at MASS. GEN. LAWS, ch. 176A, § 3B

Prohibits corporations subject to the chapter (nonprofit hospital services corporations) from canceling, refusing to issue or renew, or otherwise discriminating against an individual in issuing a policy based on genetic information; further prohibits such entities from requiring or requesting genetic information as a condition of issuing or renewing a medical services plan

3. TITLE: “Medical services plans; Genetic tests; Discrimination based on genetic information,” MASS. GEN. LAWS, ch. 176B, § 5B

Enacted as “An act relative to insurance and genetic testing and privacy information,” Aug. 22, 2000, H.B. 5416, codified at MASS. GEN. LAWS, ch. 176B, § 5B

Prohibits corporations subject to the chapter (medical services corporations) from canceling, refusing to issue or renew, or otherwise discriminating against an individual in issuing a policy based on genetic information; further prohibits such entities from requiring or requesting genetic information as a condition of issuing or renewing a medical services plan

4. TITLE: “Health maintenance contracts; Genetic tests; Discrimination based on genetic information,” MASS. GEN. LAWS, ch. 176G, § 24

Enacted as “An act relative to insurance and genetic testing and privacy information,” Aug. 22, 2000, H.B. 5416, codified at MASS. GEN. LAWS, ch. 176G, § 24

Prohibits health maintenance organizations from canceling, refusing to issue or renew, or otherwise discriminating against an individual in issuing a policy based on genetic information; further prohibits such entities from requiring or requesting genetic information as a condition of issuing or renewing a medical services plan

5. TITLE: “Health benefit plans; genetic tests; discrimination based on genetic information,” MASS. GEN. LAWS, ch. 176I, § 4A

Enacted as “An act relative to insurance and genetic testing and privacy information,” Aug. 22, 2000, H.B. 5416, codified at MASS. GEN. LAWS, ch. 176I, § 4A

Prohibits any organization or provider from canceling, refusing to issue or renew, or otherwise discriminating against an individual in issuing a policy based on genetic information; further prohibits such entities from requiring or requesting genetic information as a condition of issuing or renewing a health benefits plan

6. TITLE: “Nongroup health insurance; definitions,” MASS. GEN. LAWS, ch. 176M, § 1

Initially enacted as “An act increasing the affordability and accessibility of health insurance in the commonwealth,” Aug. 9, 1996, H.B. 6231; amended July 21, 2000, H.B. 4993 to include genetic information language; most recently amended April 12, 2006, H.B. 4779, codified at MASS. GEN. LAWS, ch. 176M, § 1

Defines “preexisting condition exclusion,” and provides that genetic information is not a preexisting condition in the absence of a diagnosis of the condition related to such information

1. TITLE: “Disability or long term care insurance policies, genetic tests; discrimination based on genetic information,” MASS. GEN. LAWS, ch. 175, § 108I

Enacted as “An act relative to insurance and genetic testing and privacy information,” Aug. 22, 2000, H.B. 5416, codified at MASS. GEN. LAWS, ch. 175, § 108I

Prohibits insurers offering disability or long-term care insurance from engaging in unfair discrimination against an individual because of the results of a genetic test or genetic information; further prohibits these insurers from requiring an applicant undergo genetic testing as a condition of issuing or renewing a disability or long-term care policy; if the applicant voluntarily supplies genetic information or the results of genetic testing as part of the application, the insurer is then able to consider that information to set the terms of the policy

2. TITLE: “Unfair discrimination based on results of genetic tests or the provision of genetic information prohibited; genetic tests as condition to issuance or renewal of policy on the life of a person prohibited,” MASS. GEN. LAWS, ch. 175, § 120E

Enacted as “An act relative to insurance and genetic testing and privacy information,” Aug. 22, 2000, H.B. 5416, codified at MASS. GEN. LAWS, ch. 175, § 120E

Prohibits life insurers from engaging in unfair discrimination against an individual because of the results of a genetic test or genetic information; further prohibits a life insurer from requiring an applicant to undergo genetic testing as a condition of issuing or renewing a policy; if the applicant voluntarily supplies genetic information or the results of genetic testing as part of the application, the insurer is then able to consider that information to set the terms of the policy

1. TITLE: “Disability or long term care insurance policies, genetic tests; discrimination based on genetic information,” MASS. GEN. LAWS, ch. 175, § 108I

Enacted as “An act relative to insurance and genetic testing and privacy information,” Aug. 22, 2000, H.B. 5416, codified at MASS. GEN. LAWS, ch. 175, § 108I

Prohibits insurers offering disability or long-term care insurance from engaging in unfair discrimination against an individual because of the results of a genetic test or genetic information; further prohibits these insurers from requiring an applicant undergo genetic testing as a condition of issuing or renewing a disability or long-term care policy; if the applicant voluntarily supplies genetic information or the results of genetic testing as part of the application, the insurer is then able to consider that information to set the terms of the policy

2. TITLE: “Unfair discrimination based on results of genetic tests or the provision of genetic information prohibited; genetic tests as condition to issuance or renewal of policy on the life of a person prohibited,” MASS. GEN. LAWS, ch. 175, § 120E

Enacted as “An act relative to insurance and genetic testing and privacy information,” Aug. 22, 2000, H.B. 5416, codified at MASS. GEN. LAWS, ch. 175, § 120E

Prohibits life insurers from engaging in unfair discrimination against an individual because of the results of a genetic test or genetic information; further prohibits a life insurer from requiring an applicant to undergo genetic testing as a condition of issuing or renewing a policy; if the applicant voluntarily supplies genetic information or the results of genetic testing as part of the application, the insurer is then able to consider that information to set the terms of the policy

1. TITLE: “Definitions,” MASS. GEN. LAWS, ch. 151B, § 1

Amended by “An act relative to insurance and genetic testing and privacy protection,” Aug. 22, 2000, H.B. 5416 to include language regarding genetic discrimination; most recently amended June 26, 2014, effective April 1, 2015, S.B. 2132, codified at MASS. GEN. LAWS, ch. 151B, § 1

Defines the terms genetic information and genetic test for this chapter

2. TITLE: “Functions, powers, and duties of the commission,” MASS. GEN. LAWS, ch. 151B, § 3(6)

Amended by “An act relative to insurance and genetic testing and privacy protection,” Aug. 22, 2000, H.B. 5416 to include language regarding genetic discrimination; most recently amended Nov. 23, 2011, effective July 1, 2012, H.B. 3810, codified at MASS. GEN. LAWS, ch. 151B, § 3(6)

Establishes that part of the duties of the Massachusetts Commission against Discrimination include receiving, investigating, and passing upon complaints of unlawful practices or discrimination based on genetic information

3. TITLE: “Unlawful practices,” MASS. GEN. LAWS, ch. 151B, § 4

Amended by “An act relative to insurance and genetic testing and privacy protection,” Aug. 22, 2000, H.B. 5416 to include language regarding genetic discrimination; most recently amended April 13, 2018, S.B. 2371, codified at MASS. GEN. LAWS, ch. 151B, § 4

Establishes that it is an unlawful practice for an employer or labor organization, to discharge or discriminate against, or to exclude from full membership rights or expel from membership, an individual on the basis of genetic information; further prohibits any person engaged in the insurance or bonding business from inquiring about someone’s genetic information if that person is seeking a bond or surety bond; further prohibits any person engaged in the mortgage business or residential real estate-related transactions from discriminating against a person seeking a mortgage based on genetic information

1. TITLE: “Certificate of authority required for carrier to sell, issue, or deliver medical stop-loss insurance,” MD. CODE ANN. INS. § 15-129

Enacted as “An act concerning stop-loss insurance policies,” May 27, 1999, H.B. 1086; amended to include language regarding genetic information, April 25, 2000, S.B. 159; most recently amended June 1, 2015, H.B. 552, codified at MD. CODE ANN. INS. § 15-129

Prohibits a stop-loss insurer from excluding any employee or dependent from a contract based on an actual or expected health status related factor, including genetic information

2. TITLE: “Participatory wellness programs as part of individual or group health benefit plans,” MD. CODE ANN. INS. § 15-509

Enacted as “An act concerning health insurance conformity with and implementation of the Federal Patient Protection and Affordable Care Act,” April 8, 2014, effective July 1, 2014, S.B. 96, codified at MD. CODE ANN. INS. § 15-509

Prohibits the use of wellness programs as subterfuge to discriminate against individuals based on a health factor, including genetic information

3. TITLE: “Definitions,” MD. CODE ANN. INS. § 15-1201

Initially enacted as “An act concerning Insurance Article—III,” April 8, 1997, H.B. 11; most recently amended April 30, 2019, effective July 1, 2019, H.B. 127, codified at MD. CODE ANN. INS. § 15-1201

Provides definitions for the subtitle, including health status-related factor, which includes a factor related to genetic information

4. TITLE: “Renewals, nonrenewals, or cancellation of health benefit plans,” MD. CODE ANN. INS. § 15-1212

Initially enacted as “An act concerning Insurance Article—III,” April 8, 1997, H.B. 11; most recently amended April 5, 2018, S.B. 812 (annual corrective bill), codified at MD. CODE ANN. INS. § 15-1212

Requires that a carrier act uniformly without regard to any health status-related factor (including genetic information) or any affected individual when electing not to renew a particular product for small employers in Maryland

5. TITLE: “Definitions,” MD. CODE ANN. INS. § 15-1301

Enacted as “An act concerning Maryland Health Insurance Portability and Accountability Act,” April 29, 1997, H.B. 1358; most recently amended April 10, 2018, S.B. 387, codified at MD. CODE ANN. INS. § 15-1301

Provides definitions for subtitle 13 of title 15 of the Maryland Insurance Code; defines health status related factor to include genetic information

6. TITLE: “Nonrenewal of individual health benefit plans,” MD. CODE ANN. INS. § 15-1309

Enacted as “An act concerning Maryland Health Insurance Portability and Accountability Act,” April 29, 1997, H.B. 1358; most recently amended May 15, 2018, effective Oct. 1, 2018, S.B. 54, codified at MD. CODE ANN. INS. § 15-1309

Allows carriers to cancel or refuse to renew individual health benefit plans in certain circumstances so long as the carrier acts uniformly without regard for any individual’s health status-related factor

7. TITLE: “Annual open enrollment period and special open enrollment periods for individuals,” MD. CODE ANN. INS. § 15-1316

Enacted as “An act concerning health insurance—conformity with and implementation of Federal Patient Protection and Affordable Care Act,” May 2, 2013, effective Jan. 1, 2014, H.B. 361, codified at MD. CODE ANN. INS. § 15-1316

Allows a health maintenance organization to deny, cancel or refuse to renew individual health benefit plans in certain circumstances so long as the carrier acts uniformly without regard for any individual’s health status-related factor

8. TITLE: “Student health plans,” MD. CODE ANN. INS. § 15-1318

Enacted as “An act concerning health insurance—selection of state benchmark plan and required conformity with Federal law,” May 12, 2015, S.B. 556; amended April 12, 2016, effective June 1, 2016, H.B. 801, codified at MD. CODE ANN. INS. § 15-1318

Defines a student health plan and requires that such a plan not take into account any individual’s health status-related factor when determining eligibility for enrollment under the plan

9. TITLE: “Definitions,” MD. CODE ANN. INS. § 15-1401

Enacted as “An act concerning Maryland Health Insurance Portability and Accountability Act,” April 29, 1997, H.B. 1358; most recently amended May 25, 2017, effective June 1, 2017, H.B. 123, codified at MD. CODE ANN. INS. § 15-1401

Defines health status related factor to include genetic information; requires associations and bona fide associations not condition membership or health insurance availability based on any health status-related factor

10. TITLE: “Eligibility of individuals to enroll under group health benefit plans,” MD. CODE ANN. INS. § 15-1406

Enacted as “An act concerning Maryland Health Insurance Portability and Accountability Act,” April 29, 1997, H.B. 1358; most recently amended April 10, 2001, S.B. 196, codified at MD. CODE ANN. INS. § 15-1406

Prohibits a carrier from establishing rules for eligibility based on any health status-related factor

11. TITLE: “Restrictions relating to premiums or contributions,” MD. CODE ANN. INS. § 15-1407

Enacted as “An act concerning Maryland Health Insurance Portability and Accountability Act,” April 29, 1997, H.B. 1358, codified at MD. CODE ANN. INS. § 15-1407

Prohibits requiring any member of a group to pay a higher premium than others in the group based on health status-related factor

12. TITLE: “Renewal of group health benefit plans,” MD. CODE ANN. INS. 15-1408

Enacted as “An act concerning Maryland Health Insurance Portability and Accountability Act,” April 29, 1997, H.B. 1358; most recently amended March 14, 2016, S.B. 506, codified at MD. CODE ANN. INS. 15-1408

Allows a carrier to not renew group health benefit plans under certain circumstances so long as the carrier is acting without regard to any health status-related factor

13. TITLE: “Carriers electing not to renew type of coverage or policy form,” MD. CODE ANN. INS. § 15-1409

Enacted as “An act concerning Maryland Health Insurance Portability and Accountability Act,” April 29, 1997, H.B. 1358; most recently amended May 25, 2017, effective June 1, 2017, H.B. 123, codified at MD. CODE ANN. INS. § 15-1409

Allows a carrier to not renew all of a particular product in Maryland under certain circumstances so long as the carrier is acting without regard to any health status-related factor

14. TITLE: “Prohibited acts relating to long-term insurance sales, marketing, and genetic tests,” MD. CODE ANN. INS. § 18-120

Initially enacted as “An act concerning Insurance Article—III,” April 8, 1997, H.B. 11; most recently amended May 22, 2008, effective Oct. 1, 2008, H.B. 29; codified at MD. CODE ANN. INS. § 18-120

Prohibits a carrier or insurance producer of a carrier that provides long-term care insurance from engaging in the following acts: requesting or requiring a genetic test to deny or limit the amount, extent, or kind of long-term care insurance coverage available to an individual; charging a different rate for the same long-term care insurance coverage; and using a genetic test, the results of such a test, genetic information, or a request for genetic services to deny or limit the amount, extent, or kind of long-term care insurance coverage available to an individual

Permits a carrier to use the results of a genetic test or genetic information to deny or limit the amount, extent, or kind of long-term care available to an individual or charge a different rate for the same long-term care if the decision is based on sound actuarial principles

15. TITLE: “Unfair discrimination between individuals of the same class and equal expectation of life,” MD. CODE ANN. INS. § 27-208(3)

Initially enacted as “An act concerning Insurance Article—III,” April 8, 1997, H.B. 11; most recently amended April 12, 2016, effective Oct. 1, 2016, H.B. 803, codified at MD. CODE ANN. INS. § 27-208

Absent an actuarial justification, an insurer is prohibited from engaging in the following acts: refusing to insure or making or allowing a differential in ratings, premium payments, or dividends in connection with life insurance and annuity contracts solely because the applicant or policyholder has the sickle cell trait, thalassemia-minor trait, hemoglobin C trait, Tay-Sachs trait, or a genetic trait that is harmless in itself

16. TITLE: “Reunderwriting of individual for health coverage after individual contract issued,” MD. CODE ANN. INS. § 27-221

Enacted as “An act concerning health insurance, prohibition against reunderwriting,” May 10, 2005, .B. 1091, codified at MD. CODE ANN. INS. § 27-221

Defines reunderwriting to include reevaluating any health status-related factor; states health status-related factor has the same meaning as in § 15-1301 (includes genetic information)

17. TITLE: “Use of genetic tests to affect terms or conditions of health insurance policies or contracts prohibited,” MD. CODE ANN. INS. § 27-909

Initially enacted as “An act concerning Insurance Article—III,” April 8, 1997, H.B. 11; most recently amended April 10, 2001, effective Oct. 1, 2001, H.B. 18, codified at MD. CODE ANN. INS. § 27-909

Prohibits an insurer, a non-profit health service plan, and health maintenance organizations from engaging in the following acts: using genetic tests, results of genetic tests, genetic information, or a request for genetic service to reject, cancel, deny, limit, refuse to renew, increase the rates of, affect the terms of, or otherwise affect a health insurance policy contract; requesting or requiring a genetic test, the results of a genetic test, or genetic information to determine whether or not to issue or renew health benefits coverage; and releasing identifiable genetic information or the results of a genetic test to any person who is not an employee of the entity or a participating health care provider without prior written authorization of the individual

Establishes that this section does not apply to life insurance policies, annuity contracts, long-term care policies, or disability insurance policies

1. TITLE: “Unlawful employment practices,” MD. CODE ANN. STATE GOV’T § 20-606

Initially enacted as “An act concerning human relations,” April 24, 2009, effective Oct. 1, 2009, H.B. 51; most recently amended April 30, 2019, effective Oct. 1, 2019, .B. 679, codified at MD. CODE ANN. STATE GOV’T § 20-606

Prohibits employers from engaging in the following acts: failing or refusing to hire an individual because of their genetic information; limiting, segregating, or classifying employees in a way that deprives them of an opportunity or adversely affects the individual because of their genetic information; and requesting or requiring genetic tests or genetic information as a condition of hiring or determining benefits

1. TITLE: “Discrimination on the basis of genetic information or testing,” ME. STAT. tit. 24-A § 2159-C

Initially enacted as “An act to protect the privacy of genetic information,” April 3, 1998, L.D. 1243; amended June 3, 2009, H.P. 821, codified at ME. STAT. tit. 24-A § 2159-C

Provides definitions for genetic characteristic, genetic information, genetic test, and carrier

Prohibits a carrier offering group or individual hospital, health, or dental insurance from: discriminating on the basis of genetic information or refusal to submit to a genetic test; requesting, requiring, or purchasing genetic information to determine eligibility for benefits, to compute premium or contribution amounts, or to apply any preexisting conditions to the plan;

Permits a carrier to request, but not require, an individual undergo a genetic test if the request is made pursuant to research that complies with 45 CFR part 46 or equivalent federal regulations;

Prohibits a carrier offering an insurance policy for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity, credit accident insurance, or an annuity from making or permitting any unfair discrimination against an individual applying for such policies based on genetic information; “unfair discrimination” includes but isn’t limited to applying the results of a genetic test in a manner not reasonably related to anticipated claims experience

2. TITLE: “Nondiscrimination,” ME. STAT. tit. 24-A § 2850-C

Initially enacted as “An act to make Maine health insurance laws consistent with federal laws,” June 10, 1997, H.P. 1278; amended March 19, 2019, S.P. 10, codified at ME. STAT. tit. 24-A § 2850-C

Prohibits an insurer from establishing rules for eligibility that require an individual to pay a higher premium or contribution than other similarly situated individuals based on genetic information

1. TITLE: “Genetic testing; conditions for delivery, issuance, or renewal of health insurance policy,” MICH. COMP. LAWS § 500.3407b

Added by “An act to amend 1956 PA 218 . . . ,” March 14, 2000, S.B. 590, codified at MICH. COMP. LAWS § 500.3407b

Prohibits an insurer that delivers, issues, or renews in the state health insurance policy from requiring an insured individual or her dependent undergo genetic testing before issuing, renewing, or continuing the policy or disclose whether genetic testing has been conducted, or the results of such testing

2. TITLE: “Medicare supplement policies or certificates issued or renewed on or after May 21, 2009; prohibitions relating to genetic information,” MICH. COMP. LAWS § 500.3829a

Added by “An act to amend 1956 PA 218 . . . ,” Jan. 5, 2010, S.B. 744, codified at MICH. COMP. LAWS § 500.3829a

Prohibits an insurer of a Medicare supplement policy from denying or conditioning the issuance or effectiveness of the policy on the basis of genetic information, from discriminating in the pricing of the policy on the basis of genetic information, and from requiring or requesting an individual or her family member undergo genetic testing

3. TITLE: “Offering of health care benefits; general powers, rights, duties, and prohibitions,” MICH. COMP. LAWS § 550.1401

Amended by “An act to amend 1980 PA 350 . . . ” to include genetic information language, March 14, 2000, S.B. 589; most recently amended July 15, 2003, S.B. 234, codified at MICH. COMP. LAWS § 550.1401

Prohibits a health care corporation from requiring a member or her dependent or an applicant from coverage or her dependent to undergo genetic testing before issuing, renewing, or continuing a health care corporation certificate, or from disclosing whether genetic testing has been conducted or the results of such testing

1. TITLE: “Definitions,” MICH. COMP. LAWS § 37.1201

Initially enacted as “An act to amend sections . . . of the Michigan Compiled Laws . . . ,” June 25, 1990, H.B. 4764; amended to include language regarding genetic discrimination March 14, 2000, S.B. 815, codified at MICH. COMP. LAWS § 37.1201

Provides definitions for “genetic information” and “genetic test” as used in this section

2. TITLE: “Employers, prohibited practices,” MICH. COMP. LAWS § 37.1202

Initially enacted as “An act to amend sections . . . of the Michigan Compiled Laws . . . ,” June 25, 1990, H.B. 4764; amended to include language regarding genetic discrimination March 14, 2000, S.B. 815, codified at MICH. COMP. LAWS § 37.1202

Prohibits employers from failing or refusing to hire, recruit, or promote an individual because of genetic information that is unrelated to the individual’s ability to perform the job functions; discharging or otherwise discriminating against an individual based on genetic information unrelated to the individual’s ability to perform the job; limiting, segregating, or classifying an employee or applicant for employment in a manner that deprives or tends to deprive that individual of employment opportunities or otherwise adversely affects them because of genetic information unrelated to the individual’s ability to perform the job; requiring an individual to submit to genetic testing or to provide genetic information as a condition of employment or promotion

3. TITLE: “Duties of Board,” MICH. COMP. LAWS § 141.1361

Initially enacted as “An act to create and provide for the incorporation of certain regional convention facility authorities,” Jan. 15, 2009, effective Jan. 20, 2009, S.B. 1630, codified at MICH. COMP. LAWS § 141.1361

Requires the Board of Directors of Authority of this chapter to ensure that the board and authority do not fail or refuse to hire, or otherwise discriminate against an individual based on, among other factors, genetic information; requires the Board further ensure that the board and authority do not limit, segregate, or classify an employee or contractor or applicant for employment or a contract based on genetic information

1. TITLE: “Medicare supplement benefits; minimum standards,” MINN. STAT. § 62A.31

Amended by “An act relating to commerce . . . “ to include language regarding genetic discrimination May 21, 2009, H.F. 1853; most recently amended May 17, 2019, effective Jan. 1, 2020, S.F. 2313, codified at MINN. STAT. § 62A.31

Prohibits an issuer of a Medicare supplement policy from engaging in the following acts: denying or conditioning issuance or effectiveness of policy on the basis of genetic information of an individual; discriminating in the pricing of a policy on the basis of genetic information; requesting or requiring and individual or her family member undergo genetic testing;

This section is not to be construed to preclude an issuer from obtaining and using the results of a genetic test in determining payment, as defined for the purposes of applying the regulations promulgated under Part C of Title XI and Section 264 of HIPAA as they may be revised from time to time; further, an issuer may request an individual or her family member undergo a genetic test if the request is made pursuant to research that complies with CFR title 45, part 46 or equivalent federal regs, and any applicable state or local laws or regulations for the protection of human subjects in research; the issuer clearly states that compliance with the request is voluntary and noncompliance will have no effect on enrollment status or premium/contribution amounts; no genetic information collected or acquired under this paragraph shall be used for underwriting, eligibility determinations, or premium rates;

Further prohibits an issuer from requesting, requiring or purchasing genetic information for underwriting purposes

2. TITLE: “Use of genetic tests,” (also referred to as the Genetic Discrimination Act) MINN. STAT. § 72A.139

Enacted as “An act relating to insurance; regulating the use of genetic testing by insurers; proposing coding for new law in Minnesota Statutes, chapter 72A,” June 1, 1995, S.F. 259, codified at MINN. STAT. § 72A.139

Prohibits a health plan company from requiring or requesting an individual or her blood relative to take a genetic test; making any inquiry to determine whether an individual or her blood relative has taken any such test, or what the results were; taking into consideration the results of a genetic test taken by an individual or her blood relative (when engaged in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision);

Permits a life insurance company or fraternal benefit society to require a genetic test for determining insurability under a life insurance policy; requires such a company obtain written consent from the individual, notify the individual of the results through her physician, and pay for such testing

1. TITLE: “Genetic testing in employment,” MINN. STAT. § 181.974

Initially enacted as “An act relating to employment; regulating the use of protected genetic information in employment; providing penalties; proposing coding for new law in Minnesota Statutes, chapter 181,” May 21, 2000, S.F. 1721; amended June 30, 2001, S.F. 4, codified at MINN. STAT. § 181.974

Prohibits employers from directly or indirectly administering a genetic test, requiring or requesting a genetic test or the results thereof, and collecting protected genetic information as a condition of employment; further prohibits employers from affecting the terms or conditions of employment based on genetic information; further prohibits any person from providing or interpreting genetic information to any employer or employment agency on a current or prospective employee; provides penalties for violation

1. TITLE: “Genetic testing by insurer, limitations—penalty—health plan, defined,” MO. REV. STAT. §375.1303

Initially enacted as “An act to repeal section 595.105, R.S. Mo. 1994, and to enact in lieu thereof eighteen new sections relating to the use of genetic information and testing and domestic violence status for insurance purposes, with penalty provisions,” July 10, 1998, S.B. 722, codified at MO. REV. STAT. §375.1303

Prohibits an insurer from engaging in the following acts: requiring or requesting an individual to provide genetic information or take a genetic test; inquiring into whether an individual or her blood relative has taken or refused a genetic test or what the results of that test were (can consider this info if an individual consents to its consideration); without an individual’s approval, considering the fact that genetic information or a genetic test was taken or refused by a person or her blood relative; without an individual’s consent, considering the results of any genetic test taken by the individual or her blood relative; this section does not apply to life insurance, reinsurance, disability income, or long-term care

2. TITLE: “Missouri Health Insurance Portability and Accountability Act: Definitions,” MO. REV. STAT. § 376.450

Initially enacted as “An act to repeal sections 103.085, 143.121, 143.782, 313.321, 376.426, 376.776, 376.960, 376.961, 376.964, 376.966, 376.986, 376.989, 379.930, 379.936, 379.938, 379.940, 379.942, 379.943, 379.944, and 379.952, R.S. Mo., and to enact in lieu thereof forty-nine new sections relating to health insurance, with an effective date for certain sections,” June 1, 2007, effective Jan. 1, 2008, H.B. 818, codified at MO. REV. STAT. § 376.450

Provides that genetic information is not to be treated as a preexisting condition absent a diagnosis

3. TITLE: “Missouri Health Insurance Portability and Accountability Act: Standards prohibiting discrimination,” MO. REV. STAT. § 376.451

Initially enacted as “An act to repeal sections 103.085, 143.121, 143.782, 313.321, 376.426, 376.776, 376.960, 376.961, 376.964, 376.966, 376.986, 376.989, 379.930, 379.936, 379.938, 379.940, 379.942, 379.943, 379.944, and 379.952, R.S. Mo., and to enact in lieu thereof forty-nine new sections relating to health insurance, with an effective date for certain sections,” June 1, 2007, effective Jan. 1, 2008, H.B. 818, codified at MO. REV. STAT. § 376.451

Prohibits a health insurance issuer offering group coverage from establishing rules for eligibility based on, among other health status-related factors, genetic information

4. TITLE: “Large group market, renewal or continuation of coverage required—nonrenewal or discontinuation permitted, when—conditions for discontinuation,” MO. REV. STAT. § 376.452

Initially enacted as “An act to repeal sections 103.085, 143.121, 143.782, 313.321, 376.426, 376.776, 376.960, 376.961, 376.964, 376.966, 376.986, 376.989, 379.930, 379.936, 379.938, 379.940, 379.942, 379.943, 379.944, and 379.952, R.S. Mo., and to enact in lieu thereof forty-nine new sections relating to health insurance, with an effective date for certain sections,” June 1, 2007, effective Jan. 1, 2008, H.B. 818, codified at MO. REV. STAT. § 376.452

Permits a health insurance issuer to nonrenew or discontinue health insurance coverage offered in connection with a group health plan in the large group market if, among other requirements, the membership of the employer in a bona fide association ceases, but only if coverage is terminated uniformly without regard to any health status-related factor (including genetic information) of any covered individual;

Prohibits a health insurance issuer from discontinuing its offering of a particular type of group health insurance in the large group market unless, among other requirements, the issuer acts uniformly without regard to the claims experience or any health status-related factor of any participant or beneficiary

5. TITLE: “Individual market, renewal or continuation at option of individual—nonrenewal,” MO. REV. STAT. § 376.454

Initially enacted as “An act to repeal sections 103.085, 143.121, 143.782, 313.321, 376.426, 376.776, 376.960, 376.961, 376.964, 376.966, 376.986, 376.989, 379.930, 379.936, 379.938, 379.940, 379.942, 379.943, 379.944, and 379.952, R.S. Mo., and to enact in lieu thereof forty-nine new sections relating to health insurance, with an effective date for certain sections,” June 1, 2007, effective Jan. 1, 2008, H.B. 818, codified at MO. REV. STAT. § 376.452

Permits a health insurance issuer to nonrenew or discontinue health insurance coverage of an individual in the individual market based on certain scenarios, but the insurer must act uniformly without regard to health status-related factors (including genetic information)

Prohibits a health insurance issuer from considering health status-related factors in deciding to discontinue offering a particular type of health insurance coverage in the individual market

6. TITLE: “Small employer health insurance availability act—definitions,” MO. REV. STAT. § 379.930

Enacted as “An act to repeal sections 375.018, 375.096, 375.991 and 376.995, RSMo Supp.1991, relating to health care coverage for certain persons, and to enact in lieu thereof nineteen new sections relating to the same subject, with penalty provisions and an effective date for certain sections,” July 6, 1992, S.B. 976; amended June 1, 2007, H.B. 818, codified at MO. REV. STAT. § 379.930

Defines health status related factor to include genetic information

7. TITLE: “Renewability, exceptions—carrier not renewing prohibited from writing new business in market, when—application of section in certain geographic areas,” MO. REV. STAT. § 379.938

Enacted as “An act to repeal sections 375.018, 375.096, 375.991 and 376.995, RSMo Supp.1991, relating to health care coverage for certain persons, and to enact in lieu thereof nineteen new sections relating to the same subject, with penalty provisions and an effective date for certain sections,” July 6, 1992, S.B. 976; amended to include language regarding genetic information June 1, 2007, H.B. 818; most recently amended Aug. 28, 2016, S.B. 865 & 866, codified at MO. REV. STAT. § 379.938

Allows a health benefit plan to elect not to renew a plan in the market under certain circumstances, so long as the plan is acting uniformly without regard to any health status related factor

8. TITLE: “Carriers to offer all health plans in market—health benefit plans, requirements—exclusion of coverage for certain employees,” MO. REV. STAT. § 379.940

Enacted as “An act to repeal sections 375.018, 375.096, 375.991 and 376.995, RSMo Supp.1991, relating to health care coverage for certain persons, and to enact in lieu thereof nineteen new sections relating to the same subject, with penalty provisions and an effective date for certain sections,” July 6, 1992, S.B. 976; amended to include language regarding genetic information June 1, 2007, H.B. 818; most recently amended Aug. 28, 2016, S.B. 865 & 866, codified at MO. REV. STAT. § 379.940

Allows a small employer carrier to elect not to renew a plan in the market under certain circumstances, so long as the carrier is acting uniformly without regard to any health status related factor

1. TITLE: “Genetic information, prohibited uses by employers—penalty for violation,” MO. REV. STAT. § 375.1306

Initially enacted as “An act to repeal section 595.105, R.S. Mo. 1994, and to enact in lieu thereof eighteen new sections relating to the use of genetic information and testing and domestic violence status for insurance purposes, with penalty provisions,” July 10, 1998, S.B. 722; amended July 13, 2007, S.B. 66, codified at MO. REV. STAT. § 375.1306

Prohibits an employer from using genetic information or genetic test results to distinguish between, discriminate against, or restrict any right or benefit otherwise due/available to an employee or prospective employee

1. TITLE: “Prohibition against use of genetic information and requests for genetic testing,” Tit. 19, pt. 3, ch. 10, MISS. CODE R. § 10.24

Adopted Aug. 6, 2012

Prohibits an issuer of a Medicare supplement policy from denying or conditioning the issuance/effectiveness of a policy on the basis of genetic information; further prohibits discriminating against an individual in the policy’s pricing based on genetic information; further prohibits an issuer from requesting or requiring an individual or her family member to undergo genetic testing

1. TITLE: “Definitions,” MONT. CODE ANN. § 33-18-901

Enacted as “An act establishing standards for the collection, use, and disclosure of genetic information in issuing insurance,” April 19, 1999, H.B. 111, codified at MONT. CODE ANN. § 33-18-901

Defines genetic information, genetic testing, and genetic trait for the chapter

2. TITLE: “Requirement for genetic testing—limitations,” MONT. CODE ANN. § 33-18-902

Enacted as “An act establishing standards for the collection, use, and disclosure of genetic information in issuing insurance,” April 19, 1999, H.B. 111, codified at MONT. CODE ANN. § 33-18-902

Prohibits insurers, health service corporations, health maintenance organizations, fraternal benefit societies, and other issuers of individual or group policies from engaging in the following: requiring an individual obtain a genetic test unless the test is otherwise required by law; excludes life, disability income, and long-term care insurance from this section

3. TITLE: “Discrimination on the basis of genetic traits prohibited,” MONT. CODE ANN. § 33-18-903

Enacted as “An act establishing standards for the collection, use, and disclosure of genetic information in issuing insurance,” April 19, 1999, H.B. 111, codified at MONT. CODE ANN. § 33-18-903

Prohibits insurers, health service corporations, health maintenance organizations, fraternal benefit societies, and other issuers of individual and group policies from engaging in the following based on genetic information: failing to refuse or accept an application for an insurance policy; failing or refusing to issue a policy; refusing to renew a policy; charging a higher rate or premium for a policy; offering or providing different terms, conditions, or benefits; placing a limitation on coverage under a policy;

Further prohibits such entities from underwriting or conditioning coverage on the basis of: requirement that the individual undergo genetic testing; requirement that the individual supply genetic information about her family members;

Exempts disability income, life, and long-term care insurance from this section

4. TITLE: “Seeking genetic information for nontherapeutic purposes prohibited,” MONT. CODE ANN. § 33-18-904

Enacted as “An act establishing standards for the collection, use, and disclosure of genetic information in issuing insurance,” April 19, 1999, H.B. 111, codified at MONT. CODE ANN. § 33-18-904

Prohibits insurers, health service corporations, health maintenance organizations, fraternal benefit societies, and other issuers of individual or group insurance policies from seeking genetic information about an individual for a purpose that’s not related to assessing or managing the individual’s current health, is inappropriate in an asymptomatic individual, and is unrelated to research in which a subject is not personally identifiable;

Exempts life, disability income, and long-term care insurance from this section

5. TITLE: “Preexisting conditions relating to group market,” MONT. CODE ANN. § 33-22-514

Enacted as “An act generally revising insurance laws, . . . prohibiting the use of preexisting conditions exclusions as those exclusions apply to certain individuals . . .,” April 28, 1997, S.B. 378; amended April 27, 1999, H.B. 100, codified at MONT. CODE ANN. § 33-22-514

Provides that genetic information may not be excluded as a preexisting condition in the absence of a diagnosis of the condition related to the genetic information

6. TITLE: “Group health discrimination prohibited,” MONT. CODE ANN. 33-22-526

Enacted as “An act generally revising insurance laws, . . . prohibiting the use of preexisting conditions exclusions as those exclusions apply to certain individuals . . .,” April 28, 1997, S.B. 378; codified at MONT. CODE ANN. § 33-22-526

MONT. CODE ANN. § 33-22-526(2)(a) held preempted by federal HIPAA, Fossen v. Blue Cross and Blue Shield of Montana, 660 F. 3d 1102 (9th Cir. 2011).

§ 55-22-526(1)(a) prohibits a group health plan or a health insurer offering group health insurance coverage from establishing rules for eligibility based on genetic information

1. TITLE: “Unfair discrimination prohibited—life insurance, annuities, and disability income,” MONT. CODE ANN. § 33-18-206

Amended by “An act to prohibit disability and life insurers from excluding coverage to or refusing to consider an application for insurance coverage from any person on the basis of genetic condition,” April 2, 1991, H.B. 530, codified at MONT. CODE ANN. § 33-18-206

Establishes that unfair discrimination includes rejecting an application or determining rates, terms, or conditions of a life or disability insurance contract on the basis of genetic condition; prohibits insurers from refusing to consider an application for life or disability insurance on the basis of genetic condition

1. TITLE: “Unfair discrimination prohibited—life insurance, annuities, and disability income,” MONT. CODE ANN. § 33-18-206

Amended by “An act to prohibit disability and life insurers from excluding coverage to or refusing to consider an application for insurance coverage from any person on the basis of genetic condition,” April 2, 1991, H.B. 530, codified at MONT. CODE ANN. § 33-18-206

Establishes that unfair discrimination includes rejecting an application or determining rates, terms, or conditions of a life or disability insurance contract on the basis of genetic condition; prohibits insurers from refusing to consider an application for life or disability insurance on the basis of genetic condition

1. TITLE: “Genetic information in health insurance,” N.C. GEN. STAT. § 58-3-215

Enacted as “An act to prohibit discrimination in health insurance and employment based on genetic information,” Aug. 1, 1997, S.B. 254; most recently amended July 31, 2009, H.B. 1183, codified at N.C. GEN. STAT. § 58-3-215

Prohibits insurers from raising premiums or refusing to issue or deliver a health insurance benefit plan based on an applicant’s genetic information; requires all insurers to comply with the federal GINA of 2008 as amended

2. TITLE: “Approval of Commissioner of forms; classification and rates; hearing; exceptions,” N.C. GEN. STAT. § 58-51-95

Amended by “An act to require that association premiums rates for accident and health insurance be actuarially sound . . . “ to include language regarding genetic information July 27, 2005, H.B. 737; most recently amended June 30, 2016, H.B. 287, codified at N.C. GEN. STAT. § 58-51-95

Prohibits an individual health insurer subject to this section from increasing an individual’s renewal premium based on any health status related factor, including genetic information

3. TITLE: “Increased portability through limitation on preexisting condition exclusions,” N.C. GEN. STAT. § 58-68-30

Initially enacted as “An act to conform North Carolina health insurance laws to recently enacted federal laws concerning health insurance underwriting and portability, maternity coverage, and coverage for mental illness,” July 1, 1997, H.B. 434; most recently amended July 31, 2009, H.B. 1183, codified at N.C. GEN. STAT. § 58-68-30

Prohibits insurers from considering genetic information as a preexisting condition absent a diagnosis

4. TITLE: “Definitions; excepted benefits; employer size rule,” N.C. GEN. STAT. § 58-68-25

Enacted as “An act to conform North Carolina health insurance laws to recently enacted federal laws concerning health insurance underwriting and portability, maternity coverage, and coverage for mental illness,” July 1, 1997, H.B. 434; most recently amended June 28, 2018, codified at N.C. GEN. STAT. § 58-68-25

Defines bona fide association to require the association not condition membership or health insurance coverage based on any health status related factor; gives health status related factor the same definition as N.C. GEN. STAT. § 58-68-35 (includes genetic information)

5. TITLE: “Prohibiting discrimination against individual participants and beneficiaries based on health status,” N.C. GEN. STAT. § 58-68-35

Enacted as “An act to conform North Carolina health insurance laws to recently enacted federal laws concerning health insurance underwriting and portability, maternity coverage, and coverage for mental illness,” July 1, 1997, H.B. 434, codified at N.C. GEN. STAT. § 58-68-35

Prohibits health insurers from establishing rules for eligibility based on genetic information; defines health status related factor to include genetic information

6. TITLE: “Guaranteed availability of coverage for employers in the small group market,” N.C. GEN. STAT. § 58-68-40

Enacted as “An act to conform North Carolina health insurance laws to recently enacted federal laws concerning health insurance underwriting and portability, maternity coverage, and coverage for mental illness,” July 1, 1997, H.B. 434; most recently amended July 23, 2006, H.B. 1987, codified at N.C. GEN. STAT. § 58-68-40

Allows an insurer to deny coverage to employers within the service area network under certain circumstances, so long as the insurer does not act with regard for any health status related factors

7. TITLE: “Guaranteed availability of coverage for employers in the group market,” N.C. GEN. STAT. § 58-68-45

Enacted as “An act to conform North Carolina health insurance laws to recently enacted federal laws concerning health insurance underwriting and portability, maternity coverage, and coverage for mental illness,” July 1, 1997, H.B. 434, codified at N.C. GEN. STAT. § 58-68-45

Allows an insurer to deny coverage under certain circumstances, so long as the insurer does not act with regard for any health status related factors

8. TITLE: “Guaranteed availability of individual health insurance coverage to certain individuals with prior group coverage,” N.C. GEN. STAT. § 58-68-60

Enacted as “An act to conform North Carolina health insurance laws to recently enacted federal laws concerning health insurance underwriting and portability, maternity coverage, and coverage for mental illness,” July 1, 1997, H.B. 434; most recently amended July 31, 2009, H.B. 1139, codified at N.C. GEN. STAT. § 58-68-60

Allows an insurer to deny coverage to employers within the service area network under certain circumstances, so long as the insurer does not act with regard for any health status related factors

9. TITLE: “Guaranteed renewability of individual health insurance coverage,” N.C. GEN. STAT. § 58-68-65

Enacted as “An act to conform North Carolina health insurance laws to recently enacted federal laws concerning health insurance underwriting and portability, maternity coverage, and coverage for mental illness,” July 1, 1997, H.B. 434, codified at N.C. GEN. STAT. § 58-68-65

Allows an insurer to discontinue certain types of health insurance coverage under certain circumstances, so long as the insurer does not act with regard for any health status related factors

1. TITLE: “Discrimination against persons based on genetic testing or genetic information,” N.C. GEN. STAT. § 95-28.1A

Enacted as “An act to prohibit discrimination in health insurance and employment based on genetic information,” Aug. 1, 1997, S.B. 254, codified at N.C. GEN. STAT. § 95-28.1A

Prohibits any person, firm, corporation, unincorporated association, State agency, unit of local government, or any public or private entity from denying, refusing, or discharging employment based on genetic information or an employee’s request for genetic testing

2. TITLE: “Equal opportunity for employment and compensation by state departments and agencies and local political subdivisions,” N.C. GEN. STAT. § 126-16

Amended by “An act to approve the efficiency of state government . . . “ to include language about genetic information Aug. 21, 2013, H.B. 834, codified at N.C. GEN. STAT. § 126-16

Requires state departments, agencies, and institutions to give equal opportunity for employment and compensation regardless of genetic information

3. TITLE: “Grievance appeal process; grounds,” N.C. GEN. STAT. § 126-34.02

Enacted as “An act enhancing the effectiveness and efficiency of state government . . . ,” Aug. 21, 2013, H.B. 834; most recently amended Aug. 11, 2014, H.B. 1133, codified at N.C. GEN. STAT. § 126-34.02

Allows employees and applicants for employment to allege genetic information discrimination or harassment and genetic discrimination retaliation after following the agency grievance procedure

1. TITLE: “Definitions,” N.D. CENT. CODE. § 26.1-36.3-01

Initially enacted as “An act relating to group health care coverage and small employer employee health insurance coverage; to create and enact two new sections to chapter 26.1–36 of the North Dakota Century Code, relating to copayments, prenatal and children's preventive health services, and loss ratios; to amend and reenact section 26.1–36–37.1 of the North Dakota Century Code, relating to a standard health insurance proof of loss form; and to repeal chapter 26.1–36.2 of the North Dakota Century Code, relating to small employer employee health insurance coverage,” April 29, 1993, H.B. 1504; amended to include language regarding genetic information April 11, 1997, H.B. 1168; most recently amended April 2, 2013, S.B. 2337; codified at N.D. CENT. CODE. § 26.1-36.3-01

Defines health status related factor to include genetic information

2. TITLE: “Renewability of coverage,” N.D. CENT. CODE § 26.1-36.3-05

Initially enacted as “An act relating to group health care coverage and small employer employee health insurance coverage; to create and enact two new sections to chapter 26.1–36 of the North Dakota Century Code, relating to copayments, prenatal and children's preventive health services, and loss ratios; to amend and reenact section 26.1–36–37.1 of the North Dakota Century Code, relating to a standard health insurance proof of loss form; and to repeal chapter 26.1–36.2 of the North Dakota Century Code, relating to small employer employee health insurance coverage,” April 29, 1993, H.B. 1504; amended to include language regarding genetic information April 11, 1997, H.B. 1168; most recently amended March 12, 2001, H.B. 1144, codified at N.D. CENT. CODE § 26.1-36.3-05

Allows a small employer coverage carrier to not offer coverage in certain circumstances, so long as the carrier is acting uniformly and without regard for any health status related factor

3. TITLE: “Availability of coverage,” N.D. CENT. CODE § 26.1-36.3-06

Initially enacted as “An act relating to group health care coverage and small employer employee health insurance coverage; to create and enact two new sections to chapter 26.1–36 of the North Dakota Century Code, relating to copayments, prenatal and children's preventive health services, and loss ratios; to amend and reenact section 26.1–36–37.1 of the North Dakota Century Code, relating to a standard health insurance proof of loss form; and to repeal chapter 26.1–36.2 of the North Dakota Century Code, relating to small employer employee health insurance coverage,” April 29, 1993, H.B. 1504; amended to include language regarding genetic information April 11, 1997, H.B. 1168; most recently amended April 2, 2013, S.B. 2337; codified at N.D. CENT. CODE. § 26.1-36.3-06

Prohibits health benefit plans covering small employers from considering genetic information a pre-existing condition absent a diagnosis

4. TITLE: “Additional limits on pre-existing condition exclusions,” N.D. CENT. CODE § 26.1-36.4-03.1

Initially enacted as “An act to create and enact section 26.1–36.4–03.1 of the North Dakota Century Code . . . ,” April 11, 1997, H.B. 1168; codified at N.D. CENT. CODE § 26.1-36.4-03.1

Prohibits group policies from considering genetic information a pre-existing condition

5. TITLE: “Renewability of health insurance coverage—discrimination prohibited,” N.D. CENT. CODE § 26.1-36.4-05

Enacted as “An act to create and enact two new sections to chapter 23–01, two new sections to chapter 23–17.5, a new chapter to title 26.1, two new sections to chapter 26.1–36 . . . ,” April 3, 1995, .B. 1050; amended to include language regarding health status related factors April 11, 1997, H.B. 1168; most recently amended March 12, 2001, H.B. 1144, codified at N.D. CENT. CODE § 26.1-36.4-05

Allows an insurer offering coverage through a network plan to not offer coverage in certain circumstances, so long as the carrier is acting uniformly and without regard for any health status related factor

1. TITLE: “Individual health insurance policies and contracts; renewal; exceptions; failure to renew; effect; certificate of creditable coverage,” NEB. REV. STAT. § 44-787

Initially enacted as “An act relating to insurance . . . ,” June 11, 1997, L.B. 55; most recently amended April 19, 2002, L.B. 1139, codified at NEB. REV. STAT. § 44-787

defines health status-related factor to include genetic information; prohibits a health carrier from discontinuing a particular type of individual policy in Nebraska based on any health-status-related factor; does not require a health carrier to offer coverage to an individual who no longer resides, works, or lives in the health carrier’s service area so long as the coverage is terminated without any regard to health-status-related factors

2. TITLE: “Bona fide association, defined,” NEB. REV. STAT. § 44-5231.01

Enacted as “For an act relating to insurance . . ., “ Feb. 26, 2009, L.B. 192, codified at NEB. REV. STAT. § 44-5231.01

Defines the requirements to be considered a bona fide association, including not conditioning membership on any health status related factor

3. TITLE: “Health-status-related factor, defined,” NEB. REV. STAT. § 44-5242.02

Enacted as “For an act relating to insurance . . . “ April 2, 1997, L.B. 862, codified at NEB. REV. STAT. § 44-5242.02

Defines health status related factor to include genetic information

4. TITLE: “Preexisting condition, defined,” NEB. REV. STAT. § 44-5246.02

Enacted as “For an act relating to insurance . . . “ April 2, 1997, L.B. 862; amended April 6, 2000, L.B. 1253, codified at NEB. REV. STAT. § 44-5246.02

Prohibits genetic information being treated as a preexisting condition absent a diagnosis

5. TITLE: “Health benefit plan; renewable; exceptions; small employer carrier; requirements,” NEB. REV. STAT. § 44-5259

Enacted as “An act relating to insurance . . . ,” April 15, 1994, L.B. 1222; amended April 2, 1997, L.B. 862, codified at NEB. REV. STAT. § 44-5259

Allows a health benefit plan subject to the Small Employer Health Insurance Availability Act to discontinue offering a particular type of group health benefit plan under certain circumstances, so long as the carrier is acting uniformly without regard for any health status related factor

6. TITLE: “Small employer, defined; group health plan; health benefit plans; requirements; filing; exceptions; preexisting condition exclusion; network plans,” NEB. REV. STAT. § 44-5260

Enacted as “An act relating to insurance . . . ,” April 15, 1994, L.B. 1222; amended to include health status related factor and genetic information language April 2, 1997, L.B. 862; most recently amended Feb. 26, 2009, L.B. 192, codified at NEB. REV. STAT. § 44-5260

Allows a small employer carrier that does not use preexisting condition limitations to impose an affiliation period so long as it does so uniformly without regard to any health status related factor

7. TITLE: “Health-status-related factor, defined,” NEB. REV. STAT. § 44-6910

Initially enacted as “An act relating to insurance . . . ,” April 2, 1997, L.B. 862, codified at NEB. REV. STAT. § 44-6910

Defines health-status-related factor to include genetic information

8. TITLE: “Preexisting condition, defined,” NEB. REV. STAT. § 44-6915

Initially enacted as “An act relating to insurance . . . ,” April 2, 1997, L.B. 862; amended April 6, 2000, L.B. 1253

9. TITLE: “Health carrier; health benefit plan; restrictions; duties; preexisting condition exclusion; late enrollee; when,” NEB. REV. STAT. § 44-6916

Initially enacted as “An act relating to insurance . . . ,” April 2, 1997, L.B. 862; amended April 19, 2002, L.B. 1139, codified at NEB. REV. STAT. § 44-6916

Prohibits health carriers from requiring any individual to pay a larger premium based on any health-status-related factor; establishing rules for eligibility and continued eligibility based on any health-status-related factor; treating genetic information as a preexisting condition unless there is a diagnosis of the condition related to such information

10. TITLE: “Health benefit plan; renewable; exceptions,” NEB. REV. STAT. § 44-6917

Initially enacted as “An act relating to insurance . . . ,” April 2, 1997, L.B. 862, codified at NEB. REV. STAT. § 44-6917

Requires any health carrier who chooses to discontinue offering a particular type of group health benefit plan to do so without any regard to any health-status-related factor relating to any existing participants or beneficiaries or new participants or beneficiaries who may become eligible for such coverage

11. TITLE: “Genetic testing; prohibited acts,” NEB. REV. STAT. § 44-7,100

Enacted as “Requirements for laboratories performing genetic and forensic testing and results relating to physicians, insurance, employers and employees, criminal investigations, paternity, and newborn infants,” May 25, 2001, L.B. 432, codified at NEB. REV. STAT. § 44-7,100

Prohibits hospital, medical, or surgical expense-incurred policies issued or delivered in Nebraska and any self-funded employee benefit plan (to the extent not preempted by federal law) from requiring any covered individual or her dependent, or any asymptomatic applicant or her asymptomatic dependent, undergo any genetic test before issuing, renewing, or continuing the policy; defines genetic test

1. TITLE: “Genetic testing; restrictions,” NEB. REV. STAT. § 48-236

Enacted as “Requirements for laboratories performing genetic and forensic testing and results relating to physicians, insurance, employers and employees, criminal investigations, paternity, and newborn infants,” May 25, 2001, L.B. 432, codified at NEB. REV. STAT. § 48-236

Prohibits an employer from engaging in the following: failing or refusing to hire, recruit, or promote an employee or applicant for employment because of genetic information unrelated to the ability to perform the job function; discharging or otherwise discriminating against an employee or applicant with respect to compensation or terms, conditions, or privileges of employment because of genetic information unrelated to the ability to perform job functions; limiting, segregating, or classifying an employee or applicant in a way that deprives her of employment opportunities or otherwise adversely affects her status because of genetic information; requiring an employee or applicant to submit to a genetic test or to provide genetic information as a condition of employment or promotion; permits employers to use voluntarily provided genetic information to promote and protect employees’ health and safety in the work place

2. TITLE: “Genetic information defined,” NEB. REV. STAT. § 77-5518

Enacted as “An act relating to revenue and taxation,” May 25, 2001, L.B. 620, codified at NEB. REV. STAT. § 77-5518

Defines genetic information to mean information about a gene, gene product, or inherited characteristic derive from a genetic test

3. TITLE: “Employment practices prohibited,” NEB. REV. STAT. § 77-5537

Enacted as “An act relating to revenue and taxation,” May 25, 2001, L.B. 620, codified at NEB. REV. STAT. § 77-5537

Provides that a company entering into an agreement under the “Invest Nebraska Act” is prohibited from requiring an employee to undergo a genetic test or submit genetic information in order to be employed or promoted

1. TITLE: “Guaranteed issue and renewability,” N.H. REV. STAT. ANN. § 420-G:6

Initially enacted as “An act relative to the portability, availability, and renewability of health coverage,” June 23, 1997, fully effective July 1, 1997, S.B. 130; most recently amended July 12, 2019, effective Sept. 10, 2019, S.B. 4, codified at N.H. REV. STAT. ANN. § 420-G:6

Prohibits health carriers from establishing rules of eligibility based on genetic information

2. TITLE: “Preexisting condition exclusion periods,” N.H. REV. STAT. ANN. § 420-G:7

Initially enacted as “An act relative to the portability, availability, and renewability of health coverage,” June 23, 1997, fully effective July 1, 1997, S.B. 130; REPEALED and reenacted July 12, 2019, effective Sept. 10, 2019, S.B. 4, codified at N.H. REV. STAT. ANN. § 420-G:7

Prohibits health carriers from treating genetic information as a condition subject to a preexisting condition exclusion

* The forthcoming version of this law prohibits health carriers from imposing any preexisting exclusion with respect to coverage in the individual, small, or large group market

1. TITLE: “Hospital service corporation contracts; prohibition against exclusion, rates or terms based on genetic characteristics,” N.J. STAT. ANN. § 17:48-6.18

Enacted as “An act concerning genetic testing and privacy and medical underwriting, amending N.J.S. 17B:30–12, amending and supplementing P.L.1945, c. 169 and supplementing Titles 17 and 26 of the Revised Statutes and Title 17B of the New Jersey Statutes,” Nov. 19, 1996, S.B. 695 & 854, codified at N.J. STAT. ANN. § 17:48-6.18

Prohibits individual or group hospital service corporation contracts from excluding any person or eligible dependent, or establishing different rates or terms for such individuals, on the basis of any genetic characteristic

2. TITLE: “Medical service corporation contracts; prohibition against exclusion, rates or terms based on genetic characteristics,” N.J. STAT. ANN. § 17:48A-6.11

Enacted as “An act concerning genetic testing and privacy and medical underwriting, amending N.J.S. 17B:30–12, amending and supplementing P.L.1945, c. 169 and supplementing Titles 17 and 26 of the Revised Statutes and Title 17B of the New Jersey Statutes,” Nov. 19, 1996, S.B. 695 & 854, codified at N.J. STAT. ANN. § 17:48A-6.11

Prohibits individual or group medical service corporation contracts from excluding any person or eligible dependent, or establishing different rates or terms for such individuals, on the basis of any genetic characteristic

3. TITLE: “Health service corporation contracts; prohibition against exclusion, rates or terms based on genetic characteristics,” N.J. STAT. ANN. § 17:48E-15.2

Enacted as “An act concerning genetic testing and privacy and medical underwriting, amending N.J.S. 17B:30–12, amending and supplementing P.L.1945, c. 169 and supplementing Titles 17 and 26 of the Revised Statutes and Title 17B of the New Jersey Statutes,” Nov. 19, 1996, S.B. 695 & 854, codified at N.J. STAT. ANN. § 17:48AE-15.2

Prohibits individual or group health service corporation contracts from excluding any person or eligible dependent, or establishing different rates or terms for such individuals, on the basis of any genetic characteristic

4. TITLE: “Individual health insurance policies; prohibition against exclusion, rates or terms based on genetic characteristic,” N.J. STAT. ANN. § 17B:26-3.2

Enacted as “An act concerning genetic testing and privacy and medical underwriting, amending N.J.S. 17B:30–12, amending and supplementing P.L.1945, c. 169 and supplementing Titles 17 and 26 of the Revised Statutes and Title 17B of the New Jersey Statutes,” Nov. 19, 1996, S.B. 695 & 854, codified at N.J. STAT. ANN. § 17B:26-3.2

Prohibits individual health insurance policies providing hospital and medical expense benefits from excluding any person or eligible dependent, or establishing different rates or terms for such individuals, on the basis of any genetic characteristic

5. TITLE: “Group health insurance policies; prohibition against exclusion, rates or terms based on genetic characteristic,” N.J. STAT. ANN. § 17B:27-36.2

Enacted as “An act concerning genetic testing and privacy and medical underwriting, amending N.J.S. 17B:30–12, amending and supplementing P.L.1945, c. 169 and supplementing Titles 17 and 26 of the Revised Statutes and Title 17B of the New Jersey Statutes,” Nov. 19, 1996, S.B. 695 & 854, codified at N.J. STAT. ANN. § 17B:27-36.2

Prohibits group health insurance policies providing hospital and medical expense benefits from excluding any person or eligible dependent, or establishing different rates or terms for such individuals, on the basis of any genetic characteristic

6. TITLE: “Discrimination prohibited; terms defined,” N.J. STAT. ANN. § 17B:30-12

Enacted as “An act concerning genetic testing and privacy and medical underwriting, amending N.J.S. 17B:30–12, amending and supplementing P.L.1945, c. 169 and supplementing Titles 17 and 26 of the Revised Statutes and Title 17B of the New Jersey Statutes,” Nov. 19, 1996, S.B. 695 & 854, codified at N.J. STAT. ANN. § 17B:30-12

In issuing, withholding, extending, or renewing any hospital confinement or other supplemental limited benefit insurance, or fixing rates, terms, or conditions thereof, no person shall discriminate against an individual based on genetic information or the person’s refusal to submit to a genetic test or make available the results of a genetic test; further prohibits discrimination based on genetic information against an individual in issuing, withholding, extending, or renewing life insurance, credit life insurance, annuity, disability income insurance, or credit accident insurance

7. TITLE: “Health care services contracts; prohibition against exclusion, rates or terms based on genetic characteristic,” N.J. STAT. ANN. § 26:2J-15.1

Enacted as “An act concerning genetic testing and privacy and medical underwriting, amending N.J.S. 17B:30–12, amending and supplementing P.L.1945, c. 169 and supplementing Titles 17 and 26 of the Revised Statutes and Title 17B of the New Jersey Statutes,” Nov. 19, 1996, S.B. 695 & 854, codified at N.J. STAT. ANN. § 26:2J-15.1

Prohibits contracts for health care services from excluding any person or eligible dependent, or establishing different rates or terms for such individuals, on the basis of any genetic characteristic

8. TITLE: “Application of provisions; definitions,” N.J. STAT. ANN. § 17B:27-54

Enacted as “An Act concerning individual, small employer and large group health insurance and revising various parts of the statutory law,” June 30, 1997, S.B. 2192; amended Jan. 17, 2010, A.B. 3831, codified at N.J. STAT. ANN. § 17B:27-54

For N.J. STAT. ANN. §§ 17B:27-54 – 17B:27-67, defines health status related factor to include genetic information

9. TITLE: “Genetic information not preexisting condition,” N.J. STAT. ANN. § 17B:27-57

Enacted as “An Act concerning individual, small employer and large group health insurance and revising various parts of the statutory law,” June 30, 1997, S.B. 2192, codified at N.J. STAT. ANN. § 17B:27-57

Prohibits genetic information from being treated as a preexisting condition absent a diagnosis

10. TITLE: “Affiliation periods,” N.J. STAT. ANN. § 17B:27-61

Enacted as “An Act concerning individual, small employer and large group health insurance and revising various parts of the statutory law,” June 30, 1997, S.B. 2192, codified at N.J. STAT. ANN. § 17B:27-61

Allows an HMO that doesn’t impose any preexisting condition exclusions to impose an affiliation period so long as the period is applied uniformly without regard for any health status related factor

11. TITLE: “Rules of eligibility; limitations or restrictions on benefits or coverage,” N.J. STAT. ANN. § 17B:27-64

Enacted as “An Act concerning individual, small employer and large group health insurance and revising various parts of the statutory law,” June 30, 1997, S.B. 2192, codified at N.J. STAT. ANN. § 17B:27-64

Prohibits an insurer offering group health plans from establishing rules for eligibility based on health status related factors

12. TITLE: “Enrollment or continued enrollment; premiums or contributions based on health status-related factors,” N.J. STAT. ANN. § 17B:27-65

Enacted as “An Act concerning individual, small employer and large group health insurance and revising various parts of the statutory law,” June 30, 1997, S.B. 2192, codified at N.J. STAT. ANN. § 17B:27-65

Prohibits a health insurer offering group plans from requiring an individual to pay a higher premium contribution based on health status related factors

13. TITLE: “Discontinuation or nonrenewal of coverage,” N.J. STAT. ANN. § 17B:27-66

Enacted as “An Act concerning individual, small employer and large group health insurance and revising various parts of the statutory law,” June 30, 1997, S.B. 2192, codified at N.J. STAT. ANN. § 17B:27-66

Allows an insurer to elect not to renew health insurance coverage under certain circumstances so long as the decision is applied uniformly without any regard for health status related factors

14. TITLE: “Definitions,” N.J. STAT. ANN. § 17B:27A-2

Enacted as “An act requiring all health insurers, health service corporations and health maintenance organizations to provide individual health benefits coverage on an open enrollment basis, creating the New Jersey Individual Health Coverage Program, amending P.L.1985, c. 236, P.L.1988, c. 71 and supplementing Title 17B of the New Jersey Statutes,” Nov. 30, 1992, A.B. 1654; amended to include language regarding genetic information June 30, 1997, S.B. 2192; most recently amended Jan. 17, 2010, A.B. 3831, codified at N.J. STAT. ANN. § 17B:27A-2

Provides definitions for N.J. STAT. ANN. §§ 17B:27A-2 - :27A-16; defines health status related factor to include genetic information

15. TITLE: “Guarantee of coverage on a modified community rate basis; renewal of policy; exceptions,” N.J. STAT. ANN. § 17B:27A-6

Enacted as “An act requiring all health insurers, health service corporations and health maintenance organizations to provide individual health benefits coverage on an open enrollment basis, creating the New Jersey Individual Health Coverage Program, amending P.L.1985, c. 236, P.L.1988, c. 71 and supplementing Title 17B of the New Jersey Statutes,” Nov. 30, 1992, A.B. 1654; amended to include language regarding genetic information June 30, 1997, S.B. 2192; most recently amended July 8, 2008, S.B. 1557, codified at N.J. STAT. ANN. § 17B:27A-6

Allows a carrier to elect not to renew health benefits under certain circumstances, so long as the carrier is acting uniformly without regard for any individual’s health status related factor

16. TITLE: “Exceptions to be required coverage by health maintenance organizations or potentially financially impaired carriers,” N.J. STAT. ANN. § 17B:27A-8

Enacted as “An act requiring all health insurers, health service corporations and health maintenance organizations to provide individual health benefits coverage on an open enrollment basis, creating the New Jersey Individual Health Coverage Program, amending P.L.1985, c. 236, P.L.1988, c. 71 and supplementing Title 17B of the New Jersey Statutes,” Nov. 30, 1992, A.B. 1654; amended to include language regarding genetic information June 30, 1997, S.B. 2192, codified at N.J. STAT. ANN. § 17B:27A-8

Allows a health maintenance organization to deny coverage or reject an application under certain circumstances, so long as the carrier is acting uniformly without regard for any individual’s health status related factor

17. TITLE: “Definitions,” N.J. STAT. ANN. § 17B:27A-17

Enacted as “An act requiring all health insurers, health service corporations and health maintenance organizations to provide individual health benefits coverage on an open enrollment basis, creating the New Jersey Individual Health Coverage Program, amending P.L.1985, c. 236, P.L.1988, c. 71 and supplementing Title 17B of the New Jersey Statutes,” Nov. 30, 1992, A.B. 1654; amended to include language regarding genetic information June 30, 1997, S.B. 2192; most recently amended Jan. 17, 2010, A.B. 3831, codified at N.J. STAT. ANN. § 17B:27A-17

Prohibits genetic information from being treated as a preexisting condition exclusion absent a diagnosis; defines health status related factor to include genetic information

18. TITLE: “Application of act; availability of coverage,” N.J. STAT. ANN. § 17B:27A-18

Enacted as “An act requiring all health insurers, health service corporations and health maintenance organizations to provide individual health benefits coverage on an open enrollment basis, creating the New Jersey Individual Health Coverage Program, amending P.L.1985, c. 236, P.L.1988, c. 71 and supplementing Title 17B of the New Jersey Statutes,” Nov. 30, 1992, A.B. 1654; amended to include language regarding genetic information June 30, 1997, S.B. 2192, codified at N.J. STAT. ANN. § 17B:27A-18

Prohibits carriers from excluding individuals from coverage based on any health status related factor

19. TITLE: “Renewal of policies or contracts of small employers; exceptions,” N.J. STAT. ANN. § 17B:27A-23

Amended by “An Act concerning individual, small employer and large group health insurance and revising various parts of the statutory law,” to include language regarding discrimination based on health status related factors, June 30, 1997, S.B. 2192; most recently amended July 8, 2008, S.B. 1557, codified at N.J. STAT. ANN. § 17B:27A-23

Allows a carrier to discontinue coverage under certain circumstances, but in the case of a health maintenance organization issuing coverage to small employers, it must do so uniformly without regard for any health status related factor

20. TITLE: “Community rating required; other plan requirements,” N.J. STAT. ANN. § 17B:27A-25

Amended by “An Act concerning individual, small employer and large group health insurance and revising various parts of the statutory law,” to include language regarding discrimination based on health status related factors, June 30, 1997, S.B. 2192; most recently amended July 8, 2008, S.B. 1557, codified at N.J. STAT. ANN. § 17B:27A-25

Prohibits a carrier who negotiates a reduced premium rate with a Small Employer Purchasing Alliance from doing so based on health status related factors

21. TITLE: “Definitions,” N.J. STAT. ANN. § 17B:27A-25.2

Enacted as “An act concerning small employer health benefits purchasing alliances and amending and supplementing P.L.1992, c. 162,” Aug. 24, 2001, A.B. 1315, codified at N.J. STAT. ANN. § 17B:27A-25.2

For purposes of this act (§§ 17B:27A-25.1 – 17B:27A-25.9), gives health status factor the same definition as N.J. STAT. ANN. § 17B:27A-17 (includes genetic information)

22. TITLE: “Prohibited acts,” N.J. STAT. ANN. § 17B:27A-25.7

Enacted as “An act concerning small employer health benefits purchasing alliances and amending and supplementing P.L.1992, c. 162,” Aug. 24, 2001, A.B. 1315, codified at N.J. STAT. ANN. § 17B:27A-25.7

Prohibits a purchasing alliance from selecting member small employers or eligible employees based on any health status related factor

1. TITLE: “Definitions,” N.J. STAT. ANN. § 10:5-5

Amended by “An act concerning genetic testing and privacy and medical underwriting, amending N.J.S. 17B:30–12, amending and supplementing P.L.1945, c. 169 and supplementing Titles 17 and 26 of the Revised Statutes and Title 17B of the New Jersey Statutes,” Nov. 19, 1996, S.B. 695 & 854, codified at N.J. STAT. ANN. § 10:5-5

Provides, among other terms, definitions for “genetic characteristic,” “genetic information,” and “genetic test”

2. TITLE: “Unlawful employment practice or unlawful discrimination,” N.J. STAT. ANN. § 10:5-12

Amended by “An act concerning genetic testing and privacy and medical underwriting, amending N.J.S. 17B:30–12, amending and supplementing P.L.1945, c. 169 and supplementing Titles 17 and 26 of the Revised Statutes and Title 17B of the New Jersey Statutes,” Nov. 19, 1996, S.B. 695 & 854, codified at N.J. STAT. ANN. § 10:5-12

Defines an unlawful employment practice or unlawful discrimination to include an employer refusing to hire or employ, barring, discharging, forcing to retire, or discriminating in compensation, conditions, or terms of employment based on an individual’s genetic information, refusal to submit to a genetic test, or refusal to make available the results of a genetic test

3. THE GENETIC PRIVACY ACT

Enacted as “An act concerning genetic testing and privacy and medical underwriting, amending N.J.S. 17B:30–12, amending and supplementing P.L.1945, c. 169 and supplementing Titles 17 and 26 of the Revised Statutes and Title 17B of the New Jersey Statutes,” Nov. 19, 1996, S.B. 695 & 854, codified at N.J. STAT. ANN. §§ 10:5-43 et seq.

“Short title; Genetic Privacy Act,” N.J. STAT. ANN. § 10:5-43

AMENDMENTS: None

DESCRIPTION: Provides that sections 1 through 10 (N.J. STAT. ANN. §§ 10:5-5, 10:5-12, 10:5-43–49; 17B:30-12) shall be known and may be cited as the Genetic Privacy Act

“Legislative findings and declarations,” N.J. STAT. ANN. § 10:5-44

AMENDMENTS: None

DESCRIPTION: Provides legislative findings, which generally state that genetic information is private and should not be collected, retained, or disclosed without an individual’s consent

“Genetic information not to be obtained without prior informed consent; exceptions,” N.J. STAT. ANN. § 10:5-45

AMENDMENTS: None

DESCRIPTION: Generally requires someone to obtain informed consent before obtaining genetic information from an individual or her DNA sample; provides certain exceptions for criminal investigations, paternity, and other situations

“Prior informed consent required for retention of genetic information; exceptions,” N.J. STAT. ANN. § 10:5-46

AMENDMENTS: None

DESCRIPTION: Generally requires someone to obtain informed consent before retaining genetic information from an individual; provides certain exceptions for criminal investigations, paternity, and other situations

“Disclosure of identity,” N.J. STAT. ANN. § 10:5-47

AMENDMENTS: None

DESCRIPTION: Generally prohibits someone from disclosing, by subpoena or other manes, the identity of an individual upon whom a genetic test has been performed, or to disclose genetic information about an individual in a way that permits identification; provides certain exceptions for criminal investigations, paternity, and other situations

“Notice to person tested; rules and regulations for obtaining informed consent,” N.J. STAT. ANN. § 10:5-48

AMENDMENTS: None

DESCRIPTION: Mandates that a person who requires genetic testing be done on an individual, or receives genetic test results about an individual, provide notice to that person that the test was performed and that the results were received; requires the notice state that the genetic information/results must not be disclosed to any other person absent written consent from the person tested

“Violations; penalties,” N.J. STAT. ANN. § 10:5-49

AMENDMENTS: None

DESCRIPTION: Provides penalties and amounts for monetary damages for violation of this act

1. TITLE: “Prohibiting discrimination based on health status against individual participants and beneficiaries,” N.M. STAT. ANN. § 59A-23E-11

Initially enacted as “An act relating to insurance; enacting health insurance portability act to comply with federal requirements; amending provisions of the New Mexico Insurance Code to be consistent with federal requirements and that act; providing increased portability, access and renewability of health insurance; declaring an emergency,” April 11, 1997, H.B. 832; most recently amended April 4, 2019, H.B. 436, codified at N.M. STAT. ANN. § 59A-23E-11

Prohibits group health plans and health insurance issuers offering group or individual health insurance coverage from establishing rules for eligibility based on genetic information

2. TITLE: “Prohibiting discrimination based on health status against individual participants and beneficiaries in premium contributions,” N.M. STAT. ANN. § 59A-23E-12

Initially enacted as “An act relating to insurance; enacting health insurance portability act to comply with federal requirements; amending provisions of the New Mexico Insurance Code to be consistent with federal requirements and that act; providing increased portability, access and renewability of health insurance; declaring an emergency,” April 11, 1997, H.B. 832; most recently amended April 4, 2019, H.B. 436, codified at N.M. STAT. ANN. § 59A-23E-12

Prohibits group health plans and health insurance issuers offering group or individual health insurance coverage from requiring an individual to pay a greater premium or contribution on the basis of a health status related factor (including genetic information)

1. TITLE: “Compliance with certain federal laws regarding genetic information,” NEV. REV. STAT. § 687B.402

Enacted as “An act relating to insurance; creating the Fund for Insurance Administration and Enforcement and new fees to provide money for the Fund; eliminating certain restrictions on out-of-state insurers; requiring certain insurers to comply with newly enacted federal acts; revising provisions relating to viatical settlements; revising provisions related to the Federal Deposit Insurance Corporation; requiring certain health insurers to provide notice regarding a change in its formulary concerning prescription drugs related to transplanted organs in certain circumstances; requiring certain health care plans and policies of insurance to provide continued coverage for certain prescription drugs related to transplanted organs; and providing other matters properly relating thereto,” May 29, 2009, S.B. 462, codified at NEV. REV. STAT. § 687B.402

Requires an insurer or other organization providing health coverage to comply with the provisions of GINA and any other federal regulations issued pursuant thereto

2. TITLE: “Insurer prohibited from requiring or using information concerning genetic testing; exceptions,” NEV. REV. STAT. § 689A.417

Enacted as “An act relating to genetic information; prohibiting certain insurers from requiring an insured person or a member of his family to take a genetic test, to disclose whether he or a member of his family has taken a genetic test or to disclose genetic information concerning himself or a member of his family; prohibiting certain insurers from conditioning rates or other aspects of coverage for health care on the requirement that an insured person or a member of his family take a genetic test or on genetic information concerning an insured person or a member of his family; prohibiting the obtaining, retention or disclosure of any genetic information of a person under certain circumstances; providing for a civil action for damages caused by the unlawful disclosure of the genetic information of a person; providing penalties; and providing other matters properly relating thereto,” July 16, 1997, effective Oct. 1, 1997, A.B. 549; amended May 15, 2019, effective Jan. 1, 2020, A.B. 170, codified at NEV. REV. STAT. § 689A.417

EFFECTIVENESS INFORMATION: Effective until Jan. 1, 2020, at which point a new version of this law will go into effect.

Prohibits an insurer who provides health insurance from engaging in the following: requiring an individual or her family member to take a genetic test; requiring the insured to disclose whether she or any family member has taken a genetic test, or any of her or her family member’s genetic information; determining the rates or any other aspect of the coverage or benefits based on whether the insured or her family members have taken a genetic test or any genetic information of the insured or her family members; excludes health insurance policies that provide coverage for long-term care or disability income insurance

*The version of this law that goes into effect on Jan. 1, 2020 still prohibits insurers from determining rates or any other aspect of coverage or benefits based on whether the insured or any of her family has taken a genetic test, but removes the “or any genetic information of the insured person or any member of the family of the insured person” provision from this subsection of the statute

3. TITLE: “Preexisting condition defined,” NEV. REV. STAT. § 689A.585

Enacted as “An act relating to insurance; making various changes relating to the availability and portability of health insurance for individuals, small employers and groups in certain circumstances; providing certain minimum benefits for mothers and newborn infants; providing parity for benefits for treatment of mental health in certain circumstances; establishing a program of reinsurance to insure certain eligible employees and persons; creating a board of directors of the program of reinsurance and defining its duties; providing for an assessment to pay for the program of reinsurance; providing certain civil immunity relating to the program of reinsurance; creating a committee on health benefit plans and defining its duties; providing penalties; making an appropriation; and providing other matters properly relating thereto,” July 16, 1997, A.B. 521, codified at NEV. REV. STAT. § 689A.585; REPEALED effective Jan. 1, 2020, May 15, 2019, A.B. 170

Provides that the term preexisting condition does not include genetic information absent a diagnosis

NOTE ABOUT REPEAL: It looks as though this statute will be replaced by A.B. 170, § 7 (see “forthcoming legislation” below)

4. TITLE: “Insurer prohibited from requiring or using information concerning genetic testing; prohibitions,” NEV. REV. STAT. § 689B.069

Enacted as “An act relating to genetic information; prohibiting certain insurers from requiring an insured person or a member of his family to take a genetic test, to disclose whether he or a member of his family has taken a genetic test or to disclose genetic information concerning himself or a member of his family; prohibiting certain insurers from conditioning rates or other aspects of coverage for health care on the requirement that an insured person or a member of his family take a genetic test or on genetic information concerning an insured person or a member of his family; prohibiting the obtaining, retention or disclosure of any genetic information of a person under certain circumstances; providing for a civil action for damages caused by the unlawful disclosure of the genetic information of a person; providing penalties; and providing other matters properly relating thereto,” July 16, 1997, effective Oct. 1, 1997, A.B. 549; amended May 15, 2019, effective Jan. 1, 2020, A.B. 170; codified at NEV. REV. STAT. § 689B.069

Prohibits an insurer providing group health insurance from engaging in the following: requiring an insured person or her family member to take a genetic test; requiring an insured person to disclose whether she or any of her family members have taken a genetic test or any genetic information of the insured or any of her family members; determining the rates or any other aspect of coverage or benefits based on whether the insured or any of her family members have taken a genetic test, or any genetic information of the insured or any of her family members; excludes insurers who provide group health insurance that provides long-term care or disability income insurance

* The version of this law that goes into effect on Jan. 1, 2020 still prohibits insurers from determining rates or any other aspect of coverage or benefits based on whether the insured or any of her family has taken a genetic test, but removes the “or any genetic information of the insured person or any member of the family of the insured person” provision from this subsection of the statute

5. TITLE: “Preexisting condition defined,” NEV. REV. STAT. §689B.450

Enacted as “An act relating to insurance; making various changes relating to the availability and portability of health insurance for individuals, small employers and groups in certain circumstances; providing certain minimum benefits for mothers and newborn infants; providing parity for benefits for treatment of mental health in certain circumstances; establishing a program of reinsurance to insure certain eligible employees and persons; creating a board of directors of the program of reinsurance and defining its duties; providing for an assessment to pay for the program of reinsurance; providing certain civil immunity relating to the program of reinsurance; creating a committee on health benefit plans and defining its duties; providing penalties; making an appropriation; and providing other matters properly relating thereto,” July 16, 1997, A.B. 521, codified at NEV. REV. STAT. § 689B.450; REPEALED effective Jan. 1, 2020, May 15, 2019, A.B. 170

Provides that the term preexisting condition does not include genetic information absent a diagnosis

NOTE ABOUT REPEAL: It looks as though this statute will be absorbed into the forthcoming version of NEV. REV. STAT. § 689B.500, effective Jan. 1, 2020

6. TITLE: “Coverage of preexisting conditions,” NEV. REV. STAT. § 689B.500

Enacted as “An act relating to insurance; making various changes relating to the availability and portability of health insurance for individuals, small employers and groups in certain circumstances; providing certain minimum benefits for mothers and newborn infants; providing parity for benefits for treatment of mental health in certain circumstances; establishing a program of reinsurance to insure certain eligible employees and persons; creating a board of directors of the program of reinsurance and defining its duties; providing for an assessment to pay for the program of reinsurance; providing certain civil immunity relating to the program of reinsurance; creating a committee on health benefit plans and defining its duties; providing penalties; making an appropriation; and providing other matters properly relating thereto,” July 16, 1997, A.B. 521; most recently amended May 15, 2019, effective Jan. 1, 2020, A.B. 170, codified at NEV. REV. STAT. § 689B.500

Prohibits a carrier that issues a group health plan or coverage from establishing rules for eligibility based on preexisting conditions

NOTE: The forthcoming version of this law requires a carrier to offer and issue a health benefit plan to any group regardless of health status, including genetic information; also prohibits a carrier from adjusting a premium, deductible, copay, or coinsurance for any insured individual on the basis of genetic information

7. TITLE: “Carrier prohibited from imposing restriction on participation inconsistent with chapter; restrictions on rules of eligibility that may be established; premiums to be equitable,” NEV. REV. STAT. § 689B.550

Enacted as “An act relating to insurance; making various changes relating to the availability and portability of health insurance for individuals, small employers and groups in certain circumstances; providing certain minimum benefits for mothers and newborn infants; providing parity for benefits for treatment of mental health in certain circumstances; establishing a program of reinsurance to insure certain eligible employees and persons; creating a board of directors of the program of reinsurance and defining its duties; providing for an assessment to pay for the program of reinsurance; providing certain civil immunity relating to the program of reinsurance; creating a committee on health benefit plans and defining its duties; providing penalties; making an appropriation; and providing other matters properly relating thereto.,” July 16, 1997, A.B. 521; most recently amended May 15, 2019, effective Jan. 1, 2020, A.B. 170; codified at NEV. REV. STAT. § 689B.550

Prohibits a carrier from establishing rules of eligibility based on genetic information and other health status factors

* The version of this law that goes into effect on Jan. 1, 2020 still prohibits carriers from establishing rules of eligibility based on genetic information

8. TITLE: “Preexisting condition defined,” NEV. REV. STAT. § 689C.082

Enacted as “An act relating to insurance; making various changes relating to the availability and portability of health insurance for individuals, small employers and groups in certain circumstances; providing certain minimum benefits for mothers and newborn infants; providing parity for benefits for treatment of mental health in certain circumstances; establishing a program of reinsurance to insure certain eligible employees and persons; creating a board of directors of the program of reinsurance and defining its duties; providing for an assessment to pay for the program of reinsurance; providing certain civil immunity relating to the program of reinsurance; creating a committee on health benefit plans and defining its duties; providing penalties; making an appropriation; and providing other matters properly relating thereto,” July 16, 1997, A.B. 521, codified at NEV. REV. STAT. § 689C.085; REPEALED effective Jan. 1, 2020, May 15, 2019, A.B. 170

Provides that the term preexisting condition does not include genetic information absent a diagnosis

NOTE ABOUT REPEAL: It looks as though this statute will be absorbed into the forthcoming version of NEV. REV. STAT. § 689C.190, effective Jan. 1, 2020

9. TITLE: “Coverage of preexisting conditions,” NEV. REV. STAT. § 689C.190

Amended by “An act relating to insurance; making various changes relating to the availability and portability of health insurance for individuals, small employers and groups in certain circumstances; providing certain minimum benefits for mothers and newborn infants; providing parity for benefits for treatment of mental health in certain circumstances; establishing a program of reinsurance to insure certain eligible employees and persons; creating a board of directors of the program of reinsurance and defining its duties; providing for an assessment to pay for the program of reinsurance; providing certain civil immunity relating to the program of reinsurance; creating a committee on health benefit plans and defining its duties; providing penalties; making an appropriation; and providing other matters properly relating thereto” to include language regarding genetic information, July 16, 1997, A.B. 521; most recently amended May 15, 2019, effective Jan. 1, 2020, A.B. 170; codified at NEV. REV. STAT. § 689C.190

Prohibits a carrier serving small employers from denying, excluding, or limiting benefits for an individual because of a preexisting condition

NOTE: The forthcoming version of this law requires a carrier to offer and issue a health benefit plan to any small employer regardless of health status, including genetic information; also prohibits a carrier from adjusting a premium, deductible, copay, or coinsurance for any insured individual on the basis of genetic information

10. TITLE: “Carrier prohibited from imposing restriction on participation inconsistent with certain sections; restrictions on rules of eligibility that may be established; premiums to be equitable,” NEV. REV. STAT. § 689C.193

Enacted as “An act relating to insurance; making various changes relating to the availability and portability of health insurance for individuals, small employers and groups in certain circumstances; providing certain minimum benefits for mothers and newborn infants; providing parity for benefits for treatment of mental health in certain circumstances; establishing a program of reinsurance to insure certain eligible employees and persons; creating a board of directors of the program of reinsurance and defining its duties; providing for an assessment to pay for the program of reinsurance; providing certain civil immunity relating to the program of reinsurance; creating a committee on health benefit plans and defining its duties; providing penalties; making an appropriation; and providing other matters properly relating thereto,” July 16, 1997, A.B. 521; most recently amended May 15, 2019, effective Jan. 1, 2020, A.B. 170; codified at NEV. REV. STAT. § 689C.193

Prohibits carriers covering small employers from establishing rules of eligibility based on genetic information

NOTE: The forthcoming version of this law retains the prohibition against establishing rules of eligibility based on genetic information

11. TITLE: “Insurer prohibited from requiring or using information concerning genetic testing; exceptions,” NEV. REV. STAT. § 689C.198

Enacted as “An act relating to genetic information; prohibiting certain insurers from requiring an insured person or a member of his family to take a genetic test, to disclose whether he or a member of his family has taken a genetic test or to disclose genetic information concerning himself or a member of his family; prohibiting certain insurers from conditioning rates or other aspects of coverage for health care on the requirement that an insured person or a member of his family take a genetic test or on genetic information concerning an insured person or a member of his family; prohibiting the obtaining, retention or disclosure of any genetic information of a person under certain circumstances; providing for a civil action for damages caused by the unlawful disclosure of the genetic information of a person; providing penalties; and providing other matters properly relating thereto,” July 16, 1997, effective Oct. 1, 1997, A.B. 549; most recently amended May 15, 2019, effective Jan. 1, 2020, A.B. 170; codified at NEV. REV. STAT. § 689C.198

Prohibits a carrier serving small employers from engaging in the following: requiring an insured person or her family member to take a genetic test; requiring an insured person to disclose whether she or any of her family members have taken a genetic test or any genetic information of the insured or any of her family members; determining the rates or any other aspect of coverage or benefits based on whether the insured or any of her family members have taken a genetic test, or any genetic information of the insured or any of her family members; excludes carriers serving small employers that provide long-term care or disability income insurance

* The version of this law that goes into effect on Jan. 1, 2020 still prohibits insurers from determining rates or any other aspect of coverage or benefits based on whether the insured or any of her family has taken a genetic test, but removes the “or any genetic information of the insured person or any member of the family of the insured person” provision from this subsection of the statute

12. TITLE: “Corporation that provides health insurance prohibited from requiring or using information concerning genetic testing; exceptions,” NEV. REV. STAT. § 695B.317

Enacted as “An act relating to genetic information; prohibiting certain insurers from requiring an insured person or a member of his family to take a genetic test, to disclose whether he or a member of his family has taken a genetic test or to disclose genetic information concerning himself or a member of his family; prohibiting certain insurers from conditioning rates or other aspects of coverage for health care on the requirement that an insured person or a member of his family take a genetic test or on genetic information concerning an insured person or a member of his family; prohibiting the obtaining, retention or disclosure of any genetic information of a person under certain circumstances; providing for a civil action for damages caused by the unlawful disclosure of the genetic information of a person; providing penalties; and providing other matters properly relating thereto,” July 16, 1997, effective Oct. 1, 1997, A.B. 549; most recently amended May 15, 2019, effective Jan. 1, 2020, A.B. 170; codified at NEV. REV. STAT. § 695B.317

Prohibits a corporation that provides health insurance from engaging in the following: requiring an insured person or her family member to take a genetic test; requiring an insured person to disclose whether she or any of her family members have taken a genetic test or any genetic information of the insured or any of her family members; determining the rates or any other aspect of coverage or benefits based on whether the insured or any of her family members have taken a genetic test, or any genetic information of the insured or any of her family members; excludes corporations that issue policies of health insurance that provide long-term care or disability income insurance

* The version of this law that goes into effect on Jan. 1, 2020 still prohibits insurers from determining rates or any other aspect of coverage or benefits based on whether the insured or any of her family has taken a genetic test, but removes the “or any genetic information of the insured person or any member of the family of the insured person” provision from this subsection of the statute

13. TITLE: “Requiring or using information concerning genetic testing,” NEV. REV. STAT. § 695C.207

Enacted as “An act relating to genetic information; prohibiting certain insurers from requiring an insured person or a member of his family to take a genetic test, to disclose whether he or a member of his family has taken a genetic test or to disclose genetic information concerning himself or a member of his family; prohibiting certain insurers from conditioning rates or other aspects of coverage for health care on the requirement that an insured person or a member of his family take a genetic test or on genetic information concerning an insured person or a member of his family; prohibiting the obtaining, retention or disclosure of any genetic information of a person under certain circumstances; providing for a civil action for damages caused by the unlawful disclosure of the genetic information of a person; providing penalties; and providing other matters properly relating thereto,” July 16, 1997, effective Oct. 1, 1997, A.B. 549; most recently amended May 15, 2019, effective Jan. 1, 2020, A.B. 170; codified at NEV. REV. STAT. § 695C.207

Prohibits health maintenance organizations from engaging in the following: requiring an enrollee or her family member to take a genetic test; requiring an enrollee to disclose whether she or any of her family members have taken a genetic test or any genetic information of an enrollee or any of her family members; determining the rates or any other aspect of coverage or benefits based on whether an enrollee or any of her family members have taken a genetic test, or any genetic information of an enrollee or any of her family members; excludes corporations that issue policies of health insurance that provide long-term care or disability income insurance

* The version of this law that goes into effect on Jan. 1, 2020 still prohibits insurers from determining rates or any other aspect of coverage or benefits based on whether an enrollee or any of her family has taken a genetic test, but removes the “or any genetic information of an enrollee or any member of the family of an enrollee” provision from this subsection of the statute

14. HEALTH INSURANCE — UNDESIGNATED FORTHCOMING STATUTES: ASSEMBLY BILL 170

Enacted as “An act relating to insurance; requiring an insurer to provide certain information relating to accessing health care services to the Office of Consumer Health Assistance; requiring the Governor's Consumer Health Advocate to submit a report of such information to the Legislature; requiring an insurer to offer a health benefit plan regardless of health status; requiring the Advocate to take certain actions to assist consumers in accessing health care services; and providing other matters properly relating thereto,” May 15, 2019, fully effective Jan. 1, 2020, A.B. 170

“Offer and issue of health benefit plan regardless of health status of person or any dependent of person by insurer,” A.B. 170, § 7, to be codified in NEV. REV. STAT. § 689A, but otherwise undesignated:

Requires an insurer to offer and issue a health benefit plan to any person, regardless of their health status; health status includes genetic information

“Offer and issue of health benefit plan regardless of health status of person or any dependent of person by society,” A.B. 170 § 19, to be codified in NEV. REV. STAT. § 695A, but otherwise undesignated:

Requires a society to offer and issue a health benefit plan to any person, regardless of their health status; health status includes genetic information

“Offer and issue of health benefit plan regardless of health status of person or any dependent of person by insurer,” A.B. 170, § 20, to be codified in NEV. REV. STAT. § 695B, but otherwise undesignated:

Requires an insurer to offer and issue a health benefit plan to any person, regardless of their health status; health status includes genetic information

“Offer and issue of health benefit plan regardless of health status of person or any dependent of person by health maintenance organization,” A.B. 170, § 24, to be codified in NEV. REV. STAT. § 695C, but otherwise undesignated:

Requires an HMO to offer and issue a health benefit plan to any person, regardless of their health status; health status includes genetic information

“Offer and issue of health benefit plan regardless of health status of person or any dependent of person by prepaid limited health service organization,” A.B. 170, § 29, to be codified in NEV. REV. STAT. § 695F, but otherwise undesignated:

Requires a prepaid limited health service organization to offer and issue a health benefit plan to any person, regardless of their health status; health status includes genetic information

“Offer and issue of health benefit plan regardless of health status of person or any dependent of person by managed care organization,” A.B. 170, § 30, to be codified in NEV. REV. STAT. § 695G, but otherwise undesignated:

Requires a managed care organization to offer and issue a health benefit plan to any person, regardless of their health status; health status includes genetic information

1. TITLE: “Purposes,” NEV. REV. STAT. § 610.020

Amended by “An act relating to apprenticeships; revising provisions regarding discrimination in apprenticeship programs; revising the membership and operations of the State Apprenticeship Council; and providing other matters properly relating thereto” to include genetic nondiscrimination, June 5, 2019, A.B. 68, codified at NEV. REV. STAT. § 610.020

Describes that the chapter aims to ensure apprenticeship opportunities are open to individuals regardless of, among other things, genetic information

2. TITLE: “Required contents of agreement,” NEV. REV. STAT. § 610.150

Amended by “An act relating to apprenticeships; revising provisions regarding discrimination in apprenticeship programs; revising the membership and operations of the State Apprenticeship Council; and providing other matters properly relating thereto” to include genetic nondiscrimination, June 5, 2019, A.B. 68, codified at NEV. REV. STAT. § 610.150

Requires the apprenticeship agreement to state that the apprentice will be accorded equal opportunities in all phases of employment regardless of genetic information

3. TITLE: “Suspension of right to participate in program if discrimination practiced,” NEV. REV. STAT. § 610.185

Amended by “An act relating to apprenticeships; revising provisions regarding discrimination in apprenticeship programs; revising the membership and operations of the State Apprenticeship Council; and providing other matters properly relating thereto” to include genetic nondiscrimination, June 5, 2019, A.B. 68, codified at NEV. REV. STAT. § 610.185

Allows the State Apprenticeship Council to suspend an employer’s right to participate in the apprenticeship program for 1 year if NERC finds that the employer discriminated against an apprentice because of, among other things, genetic information

4. TITLE: “Unlawful employment practices; requiring or encouraging current or prospective employees and members of labor organizations to submit to genetic test; denying or altering employment or membership in labor organization based on genetic test,” NEV. REV. STAT. § 613.345

Enacted as “An act relating to genetic information; providing that it is an unlawful employment practice for an employer, a labor organization, or an employment agency to discriminate against a person based on genetic information; and providing other matters properly relating thereto,” June 1, 1999, effective Oct. 1, 1999, S.B. 16, codified at NEV. REV. STAT. § 613.345

Establishes the following acts are unlawful employment practices: asking or encouraging a current or prospective employee or labor organization member to submit to a genetic test; requiring or administering a genetic test to a person as a condition of employment or membership; denying employment or membership based on genetic information; altering terms, conditions, or privileges of employment or membership based on genetic information; terminating employment or membership based on genetic information; provides definitions

1. TITLE: “Genetic testing written informed consent,” N.Y. INS. LAW § 2615

Initially enacted as “An act to amend the civil rights law and the insurance law, in relation to genetic tests,” Aug. 8, 1996, effective Nov. 6, 1996, S. 4293-D, renumbered July 19, 2005, A. 1377-C, codified at N.Y. INS. LAW § 2615

Prohibits insurers from requesting or requiring any individual to undergo genetic testing to be eligible for coverage absent that individuals written informed consent prior to testing; requires insurers basing an adverse underwriting decision on genetic information to notify the individual of the adverse decision and have that individual elect in writing whether to have the results disclosed to the individual or that individual’s physician; further prohibits disclosure of an individual’s genetic information; provides other prohibitions and penalties for improper disclosure

2. TITLE: “Group or blanket accident and health insurance policies; standard provisions,” N.Y. INS. LAW § 3221

Amended by “An act to amend the public health law” to include language about genetic information as a health status related factor Sept. 24, 1997, S. 5452-A; most recently amended Aug. 2, 2019, effective Sept. 1, 2019, S. 3852-A, codified at N.Y. INS. LAW § 3221

Prohibits an insurer from establishing eligibility rules based on health status related factors, including genetic information

3. TITLE: “Pre-existing condition provisions in health policies,” N.Y. INS. LAW § 3232

Initially enacted as “An act to amend the insurance law and the public health law, in relation to requiring that individual and small group health insurance be made available on an open enrollment basis; community rating of individual and small group health insurance policies; portability of health insurance coverage and continuation of hospital, surgical or medical expense insurance and making an appropriation therefor,” July 17, 1992, A. 12350-A; amended to include language about genetic information Sept. 24, 1997, effective July 1, 997, S. 5452-A; most recently amended April 12, 2019, S. 1507-C, codified at N.Y. INS. LAW § 3232

Prohibits insurers from treating genetic information as a pre-existing condition absent a diagnosis

4. TITLE: “Student accident and health insurance,” N.Y. INS. LAW § 3240

Initially enacted as “An act to amend chapter 59 of the laws of 2011 . . . ,” March 28, 2013, S. 2606-D; most recently amended April 12, 2019, S. 1507-C, codified at N.Y. INS. LAW § 3240

Prohibits and insurer from imposing pre-existing condition exclusions in student accident and health insurance policies; further prohibits an insurer from conditioning eligibility on genetic information

5. TITLE: “Group contracts,” N.Y. INS. LAW § 4305

Amended by “An act to amend the public health law, the general municipal law, the insurance law, the tax law and the administrative code of the city of New York . . . “ to include language about genetic information Sept. 24, 1997, effective July 1, 997, S. 5452-A; most recently amended April 12, 2019, S. 1507-C, codified at N.Y. INS. LAW § 4305

Prohibits group or blanket contracts for medical coverage from basing eligibility on genetic information

6. TITLE: “Pre-existing condition provisions,” N.Y. INS. LAW § 4318

Initially enacted as “An act to amend the insurance law and the public health law, in relation to requiring that individual and small group health insurance be made available on an open enrollment basis; community rating of individual and small group health insurance policies; portability of health insurance coverage and continuation of hospital, surgical or medical expense insurance and making an appropriation therefor,” July 17, 1992, A. 12350-A; amended to include language about genetic information Sept. 24, 1997, effective July 1, 997, S. 5452-A; most recently amended April 12, 2019, S. 1507-C, codified at N.Y. INS. LAW § 4318

Prohibits insurers from treating genetic information as a pre-existing condition absent a diagnosis in determining eligibility for coverage

7. TITLE: “Individual enrollee direct payment contracts offered by health maintenance organization on and after October first, two thousand thirteen,” N.Y. INS. LAW § 4322

Enacted as “An act to amend chapter 59 of the laws of 2011 . . .,” March 28, 2013, S. 2606-D; amended April 12, 2019, S. 1507-C, codified at N.Y. INS. LAW § 4322

Prohibits a health maintenance organization from establishing rules for eligibility based on health status related factors, including genetic information

1. TITLE: “Employment of persons with certain genetic disorders,” N.Y. CIV. RIGHTS LAW § 48-a

Enacted as “An act to amend the civil rights law, in relation to the employment of persons with certain genetic disorders,” July 30, 1990, effective Nov. 1, 1990, A. 9437-B, codified at N.Y. CIV. RIGHTS LAW § 48-a

Prohibits employers from denying a person with a genetic disorder equal opportunity to obtain employment unless the employer can clearly show that the unique genetic disorder would prevent the person from performing the particular job

2. TITLE: “General duties,” N.Y. EXEC. LAW. § 63

Amended by “An act to amend the executive law, in relation to increased protections for protected classes . . . “ to include language regarding genetic information Aug. 12, 2019, A. 8421, codified at N.Y. EXEC. LAW. § 63

Upon the commissioner of labor’s or the department of human rights’ request, requires attorney general to bring and prosecute or defend any civil action or proceeding alleging discrimination on the basis of, among other things, genetic information

3. TITLE: “Human rights law: definitions,” N.Y. EXEC. LAW § 292

Amended by “An act to amend the executive law, in relation to prohibiting the request for or administration of genetic testing by employers, labor organizations, and licensing agencies” to include genetic information protections June 25, 1996, effective Sept. 23, 1996, A. 7839; most recently amended Aug. 9, 2019, effective Oct. 8, 2019, A. 4204; codified at N.Y. EXEC. LAW § 292

Provides relevant definitions for the section, including disability (which includes genetic conditions); predisposing genetic characteristic; and genetic test

4. TITLE: “Unlawful discriminatory practices,” N.Y. EXEC. LAW § 296

Amended by “An act to amend the executive law, in relation to prohibiting the request for or administration of genetic testing by employers, labor organizations, and licensing agencies” to include genetic information protections June 25, 1996, effective Sept. 23, 1996, A. 7839; most recently amended Aug. 9, 2019, effective Oct. 8, 2019, A. 4204; codified at N.Y. EXEC. LAW § 296

States that it is an unlawful discriminatory practice for employers to discriminate, refuse to hire, or withhold services otherwise due to the employee based on predisposing genetic characteristics; for employment agencies to discriminate in receiving, classifying, disposing or otherwise acting upon applications based on predisposing genetic characteristics; for a labor organization to discriminate, exclude or expel an individual from membership based on predisposing genetic characteristics;

Further prohibits an employer, labor organization, or employment agency from requiring or requesting genetic testing, or from buying or acquiring results of an employee’s genetics tests, unless the test is directly related to the occupational environment or the employee consents

5. TITLE: “Unlawful discriminatory practices relating to interns,” N.Y. EXEC. LAW § 296-c

Enacted as “An act to amend the executive law, in relation to providing certain civil rights protections for interns,” July 22, 2014, A. 8021-A, codified at N.Y. EXEC. LAW § 296-c

Prohibits an employer from refusing to hire, discharging, harassing, or otherwise discriminating against an intern or potential intern based on genetic information

1. TITLE: “General provisions,” N.Y. EDUC. LAW § 6440

Enacted as “An act to amend the education law, in relation to the implementation by colleges and universities of sexual assault, dating violence, domestic violence and stalking prevention and response policies and procedures; and to amend the civil practice law and rules, in relation to privacy of name in certain legal challenges to college/university disciplinary findings; and making appropriations therefor,” July 7, 2015, S. 5965, codified at N.Y. EDUC. LAW § 6440

Provides protections of this article to apply regardless of, among other things, predisposing genetic characteristics

1. TITLE: “Unfair practices prohibited,” OHIO REV. CODE ANN. § 1751.18

Initially enacted as “An act to . . . enact . . . section[] . . . 1751.18,” June 4, 1997, S.B. 67; amended to define health status factor to include genetic information June 30, 1997, H.B. 374; most recently amended June 30, 2015, Am. Sub. H.B. 64, codified at OHIO REV. CODE ANN. § 1751.18

Prohibits health insuring corporations from discriminating against an individual based on genetic information; further prohibits such corporations from canceling or failing to renew policies based on genetic information

2. TITLE: “Restrictions on use of genetic screening or testing,” OHIO REV. CODE ANN. § 1751.65

Initially enacted as “An act to . . . enact . . . section[] . . . 1751.18,” June 4, 1997, S.B. 67; most recently amended June 30, 2015, Am. Sub. H.B. 64, codified at OHIO REV. CODE ANN. § 1751.65

Prohibits health insuring corporations from: considering any information from genetic screening or testing in processing an application for health care coverage; or inquiring into the results of genetic screening or testing in order to cancel or refuse to renew a policy

3. TITLE: “Unfair and deceptive acts defined,” OHIO REV. CODE ANN. § 3901.21

Amended by “An act . . . relative to the implementation of the Federal Health Insurance Portability and Accountability Act of 1996 . . .” to include genetic information language June 30, 1997, H.B. 374; most recently amended Dec. 19, 2018, H.B. 156, codified at OHIO REV. CODE ANN. § 3901.21

Prohibits insurers from discriminating against individuals in issuing or renewing a policy based on health status-related factors, including genetic information

4. TITLE: “Genetic testing or screening prohibitions,” OHIO REV. CODE ANN. § 3901.491

Initially enacted as “An act to enact sections 1742.42, 1742.43, 3901.49, 3901.491, 3901.50, and 3901.501 of the Revised Code to prohibit, in specified circumstances, the use of genetic screening or testing in connection with subscriber contracts of health maintenance organizations, policies of sickness and accident insurance, or plans of self-insurance, to create the Task Force on Genetic Testing in Health Insurance, and to terminate certain provisions of this act ten years after its effective date by repealing sections 1742.42, 3901.49, and 3901.50 of the Revised Code on that date,” Nov. 10, 1993, .B. 71; most recently amended June 30, 2015, Am. Sub. H.B. 64, codified at OHIO REV. CODE ANN. § 3901.491

Prohibits health insurance companies from using genetic testing or screening, or information obtained from testing or screening, to determine eligibility for coverage; further prohibits insurers from inquiring directly or indirectly into the results of genetic testing or screening to cancel or refuse or limit benefits, or to set premiums

5. TITLE: “Genetic screening or testing prohibitions for self-insurers after 2-9-04,” OHIO REV. CODE ANN. § 3901.501

Enacted under an appropriations bill June 26, 2003, Am. Sub. H.B. 95, codified at OHIO REV. CODE ANN. § 3901.501

Prohibits a self-insurer from considering genetic information in processing an application for coverage and requesting or requiring any genetic information at a condition for issuing coverage

6. TITLE: “Policy conditions,” OHIO REV. CODE ANN. § 3923.57

Enacted as “An act to amend sections . . . of the revised code . . . ,” Jan. 14, 1993, H.B. 478; amended to include language regarding health status factors and genetic information June 30, 1997, H.B. 374; most recently amended March 23, 2015, Am. Sub. H.B. 201, codified at OHIO REV. CODE ANN. § 3923.57

Allows an insurer to cancel or not renew coverage of an individual or her dependent under certain circumstances so long as the decision is made uniformly without any regard to any health status related factor, including genetic information

7. TITLE: “Renewal or continuation of group coverage; open enrollment period,” OHIO REV. CODE ANN. § 3923.571

Initially enacted as “An act to amend sections 1739.05, 1751.06, 1751.15, 1751.16, 1751.18, 1751.59, 1751.61, 1751.64, 1751.65, 1751.67, 3901.21, 3901.49, 3901.491, 3901.50, 3901.501, 3923.021, 3923.122, 3923.26, 3923.40, 3923.57, 3923.58, 3923.59, 3923.63, 3923.64, 3924.01, 3924.02, 3924.03, 3924.07 to 3924.11, 3924.111, 3924.12 to 3924.14, 3924.51, 3924.61 to 3924.64, 3924.66 to 3924.68, and 3924.73, to enact sections 1751.57, 1751.58, 3901.044, 3923.571, 3923.581, 3924.031, 3924.032, 3924.033, and 3924.27, and to repeal section 3941.53 of the Revised Code relative to the implementation of the federal Health Insurance Portability and Accountability Act of 1996 and insurance coverage of follow-up care for a mother and newborn, and to declare an emergency,” June 30, 1997, H.B. 374; amended March 23, 1999, H.B. 698, codified at OHIO REV. CODE ANN. § 3923.571

Allows an insurer to cancel or not renew the policy of an employee or her dependent under certain circumstances so long as the decision is made uniformly without any regard to any health status related factor, including genetic information

8. TITLE: “Enrollment of federally eligible individuals,” OHIO REV. CODE. ANN. § 3923.581

Initially enacted as “An act to amend sections 1739.05, 1751.06, 1751.15, 1751.16, 1751.18, 1751.59, 1751.61, 1751.64, 1751.65, 1751.67, 3901.21, 3901.49, 3901.491, 3901.50, 3901.501, 3923.021, 3923.122, 3923.26, 3923.40, 3923.57, 3923.58, 3923.59, 3923.63, 3923.64, 3924.01, 3924.02, 3924.03, 3924.07 to 3924.11, 3924.111, 3924.12 to 3924.14, 3924.51, 3924.61 to 3924.64, 3924.66 to 3924.68, and 3924.73, to enact sections 1751.57, 1751.58, 3901.044, 3923.571, 3923.581, 3924.031, 3924.032, 3924.033, and 3924.27, and to repeal section 3941.53 of the Revised Code relative to the implementation of the federal Health Insurance Portability and Accountability Act of 1996 and insurance coverage of follow-up care for a mother and newborn, and to declare an emergency,” June 30, 1997, H.B. 374; most recently amended June 29, 2017, Am. Sub. 49, codified at OHIO REV. CODE. ANN. § 3923.581

Allows a carrier to deny coverage to federally eligible individuals under certain circumstances so long as the carrier is acting without regard to any health status-related factor

9. TITLE: “Definitions,” OHIO REV. CODE ANN. § 3924.01

Initially enacted as “An act to amend sections . . . ,” Jan. 4, 1993, H.B. 478; amended to include language about genetic information June 30, 1997, H.B. 374; most recently amended Dec. 17, 2014, Am. Sub. H.B. 201, codified at OHIO REV. CODE ANN. § 3924.01

Prohibits genetic information from being considered a preexisting condition absent a diagnosis

10. TITLE: “Health benefit plan conditions,” OHIO REV. CODE ANN. § 3924.03

Initially enacted as “An act to amend sections . . . ,” Jan. 4, 1993, H.B. 478; amended to include language about genetic information June 30, 1997, H.B. 374; most recently amended March 22, 1999, H.B. 698, codified at OHIO REV. CODE ANN. § 3924.03

Allows a carrier to cancel or not renew the policy of an employee or her dependent under certain circumstances so long as the decision is made uniformly without any regard to any health status related factor, including genetic information

11. TITLE: “Benefits through network plan,” OHIO REV. CODE ANN. § 3924.031

Enacted as “An act to amend sections 1739.05, 1751.06, 1751.15, 1751.16, 1751.18, 1751.59, 1751.61, 1751.64, 1751.65, 1751.67, 3901.21, 3901.49, 3901.491, 3901.50, 3901.501, 3923.021, 3923.122, 3923.26, 3923.40, 3923.57, 3923.58, 3923.59, 3923.63, 3923.64, 3924.01, 3924.02, 3924.03, 3924.07 to 3924.11, 3924.111, 3924.12 to 3924.14, 3924.51, 3924.61 to 3924.64, 3924.66 to 3924.68, and 3924.73, to enact sections 1751.57, 1751.58, 3901.044, 3923.571, 3923.581, 3924.031, 3924.032, 3924.033, and 3924.27, and to repeal section 3941.53 of the Revised Code relative to the implementation of the federal Health Insurance Portability and Accountability Act of 1996 and insurance coverage of follow-up care for a mother and newborn, and to declare an emergency,” June 30, 1997, H.B. 374, codified at OHIO REV. CODE ANN. § 3924.031

Allows a carrier to deny coverage to small employers under certain circumstances so long as the carrier is acting without regard to any health status-related factor

12. TITLE: “Refusal of carrier to issue benefit plans,” OHIO REV. CODE ANN. § 3924.032

Enacted as “An act to amend sections 1739.05, 1751.06, 1751.15, 1751.16, 1751.18, 1751.59, 1751.61, 1751.64, 1751.65, 1751.67, 3901.21, 3901.49, 3901.491, 3901.50, 3901.501, 3923.021, 3923.122, 3923.26, 3923.40, 3923.57, 3923.58, 3923.59, 3923.63, 3923.64, 3924.01, 3924.02, 3924.03, 3924.07 to 3924.11, 3924.111, 3924.12 to 3924.14, 3924.51, 3924.61 to 3924.64, 3924.66 to 3924.68, and 3924.73, to enact sections 1751.57, 1751.58, 3901.044, 3923.571, 3923.581, 3924.031, 3924.032, 3924.033, and 3924.27, and to repeal section 3941.53 of the Revised Code relative to the implementation of the federal Health Insurance Portability and Accountability Act of 1996 and insurance coverage of follow-up care for a mother and newborn, and to declare an emergency,” June 30, 1997, H.B. 374, codified at OHIO REV. CODE ANN. § 3924.032

Allows a carrier to refuse to issue benefits in a small employer market under certain circumstances so long as the carrier acts uniformly without regard to any health status related factors

13. TITLE: “Premium rates for individual in group plans,” OHIO REV. CODE ANN. § 3924.27

Enacted as “An act to amend sections 1739.05, 1751.06, 1751.15, 1751.16, 1751.18, 1751.59, 1751.61, 1751.64, 1751.65, 1751.67, 3901.21, 3901.49, 3901.491, 3901.50, 3901.501, 3923.021, 3923.122, 3923.26, 3923.40, 3923.57, 3923.58, 3923.59, 3923.63, 3923.64, 3924.01, 3924.02, 3924.03, 3924.07 to 3924.11, 3924.111, 3924.12 to 3924.14, 3924.51, 3924.61 to 3924.64, 3924.66 to 3924.68, and 3924.73, to enact sections 1751.57, 1751.58, 3901.044, 3923.571, 3923.581, 3924.031, 3924.032, 3924.033, and 3924.27, and to repeal section 3941.53 of the Revised Code relative to the implementation of the federal Health Insurance Portability and Accountability Act of 1996 and insurance coverage of follow-up care for a mother and newborn, and to declare an emergency,” June 30, 1997, H.B. 374, codified at OHIO REV. CODE ANN. § 3924.27

Prohibits insurers providing group plans from requiring an individual in that plan to pay a higher premium based solely on health status-related factors, including genetic information

1. TITLE: “Discriminatory practices–employers,” OKLA. STAT. tit. 25 § 1302

Amended by “An act relating to discrimination” to include language regarding genetic discrimination, May 18, 2011, S.B. 837, codified at OKLA. STAT. tit. 25 § 1302

Prohibits an employer from discriminating against an individual based on genetic information in hiring, refusing to hire, discharging, limiting, segregating, or classifying

2. TITLE: “Discriminatory practices–employment agencies,” OKLA. STAT. tit. 25, § 1303

Amended by “An act relating to discrimination” to include language regarding genetic discrimination, May 18, 2011, S.B. 837, codified at OKLA. STAT. tit. 25 § 1303

Prohibits an employment agency from failing or refusing to refer for employment, or otherwise discriminating against an individual, based on genetic information

3. TITLE: “Discriminatory practices–labor organizations,” OKLA. STAT. tit. 25, § 1304

Amended by “An act relating to discrimination” to include language regarding genetic discrimination, May 18, 2011, S.B. 837, codified at OKLA. STAT. tit. 25 § 1304

Prohibits a labor organization from excluding or expelling an individual from membership based on genetic information; and from limiting, segregating, or classifying a member based on genetic information

4. TITLE: “Discriminatory practices–training programs,” OKLA. STAT. tit. 25, § 1305

Amended by “An act relating to discrimination” to include language regarding genetic discrimination, May 18, 2011, S.B. 837, codified at OKLA. STAT. tit. 25 § 1305

Prohibits employment training or retraining programs from discriminating against participants on the basis of genetic information

5. TITLE: “Other discriminatory practices,” OKLA. STAT. tit. 25, § 1306

Amended by “An act relating to discrimination” to include language regarding genetic discrimination, May 18, 2011, S.B. 837, codified at OKLA. STAT. tit. 25 § 1304

Prohibits employers, employment agencies, labor organizations, and training programs from advertising for employment in a way that indicates preference based on genetic information

6. TITLE: “Exceptions,” OKLA. STAT. tit. 25, § 1308

Amended by “An act relating to discrimination” to include language regarding genetic discrimination, May 18, 2011, S.B. 837, codified at OKLA. STAT. tit. 25 § 1304

Provides that it is not a discriminatory practice for an employer (or other aforementioned entity) to discriminate based on genetic information if the discrimination is related to a bona fide occupational qualification reasonably necessary

7. THE GENETIC NONDISCRIMINATION IN INSURANCE ACT

Enacted as “An Act relating to public health and safety; creating the Genetic Nondiscrimination in Insurance Act; providing definitions; prohibiting certain discrimination relating to insurance coverage; providing certain exceptions to prohibitions; prohibiting use of genetic tests and genetic information for certain insurance purposes; making certain violations an unfair practice; providing for equitable relief; specifying penalties; providing certain exceptions for certain types of insurance; creating the Genetic Nondiscrimination in Employment Act; providing definitions; prohibiting certain practices by employers; making certain actions unlawful; providing penalty; providing certain exceptions for certain types of insurance; prohibiting compelled disclosure of genetic information; providing certain exceptions; limiting application to certain types of insurance; limiting application in certain types of transactions; providing for codification; providing an effective date; and declaring an emergency,” June 3, 1998, H.B. 3169, codified at OKLA. STAT. tit. 36, §§ 3614.1 et seq.

“Genetic nondiscrimination in insurance,” OKLA. STAT. tit. 36, § 3614.1

AMENDMENTS: Amended May 6, 2010, S.B. 2054; codified at OKLA. STAT. tit. 36, § 3614.1

DESCRIPTION: Prohibits health and accident insurance companies from requiring individuals to undergo genetic testing for any purpose; further prohibits such companies from using genetic information as a way to discriminate or consider coverage eligibility unless there is a manifested disease or disorder

“Genetic nondiscrimination in employment,” OKLA. STAT. tit. 36, § 3614.2

AMENDMENTS: None

DESCRIPTION: Prohibits an employer from using genetic testing information in order to deny or restrict or determine otherwise due or available right or benefit

“Disclosure of genetic information,” OKLA. STAT. tit. 36, § 3614.3

AMENDMENTS: None

DESCRIPTION: Generally prohibits anyone in possession of genetic information from disclosing it through subpoena or otherwise except in certain situations

8. TITLE: “Disclosure of genetic research studies,” OKLA. STAT. tit. 36, § 3614.4

Enacted as “An Act relating to health; creating the Genetic Research Studies Nondisclosure Act,” April 13, 1999, H.B. 1368

Provides protections to ensure all individual genetic information collected for genetic research remains confidential

9. TITLE: “Provisions of group accident and health policies,” OKLA. STAT. tit. 36, § 4502

Amended by “An Act relating to insurance; prohibiting disclosure of nonpublic personal information” to include genetic information language June 4, 2001, H.B. 1341; most recently amended May 11, 2015, S.B. 455, codified at OKLA. STAT. tit. 36, § 4502

Prohibits genetic information from being considered a preexisting condition; further prohibits insurers from conditioning eligibility on genetic information

1. TITLE: “Definitions,” OR. REV. STAT. § 743B.005

Most recently amended by “An act relating to health insurance,” May 25, 2015, effective Jan. 1, 2018, H.B. 2341, codified at OR. REV. STAT. § 743B.005

Provides that genetic information does not constitute a preexisting condition for purposes of a grandfathered health plan with provisions applicable to an enrollee or late enrollee that includes a waiting period

2. TITLE: “Genetic tests and information; use of information,” OR. REV. STAT. § 746.135

Initially enacted as “An act relating to genetics; creating new provisions; and amending ORS 659.036 and 659.227,” July 19, 1995, S.B. 276, amended June 25, 2001, S.B. 114, codified at OR. REV. STAT. § 746.135

Prohibits the use of genetic information favorably or to reject, limit, deny, cancel, refuse or renew, or increase the rate of policy for hospital or medical expenses or policy of insurance; further prohibits insurers from asking for genetic information relating to insurance policies, unless the request is revealed to the applicant and the applicant specifically authorizes the request

1. TITLE: “Breathalyzer, polygraph, psychological stress or brain-wave tests or genetic tests of employees,” OR. REV. STAT. § 659A.300

Initially enacted as “An act relating to genetics; creating new provisions; and amending ORS 659.036 and 659.227,” July 19, 1995, S.B. 276; renumbered 2001, codified at OR. REV. STAT. § 659A.300

Prohibits employers from subjecting an employee to a genetic test unless the individual consents to such testing or such testing is related to a bona fide occupational qualification

2. TITLE: “Genetic information; employer restrictions,” OR. REV. STAT. § 659A.303

Amended by “An act relating to discriminatory practices,” June 1, 2011, HB 2036, codified at OR. REV. STAT. § 659A.303

Prohibits an employer from seeking, or obtaining an employee’s or applicant’s genetic information to distinguish between or discriminate against or restrict any right otherwise due or available to an employee or prospective employee

1. THE HEALTH INSURANCE COVERAGE PARITY AND NONDISCRIMINATION ACT

Enacted as “An act amending the act of May 17, 1921 (P.L. 682, No. 284), entitled ‘An act relating to insurance; amending, revising, and consolidating the law providing for the incorporation of insurance companies, and the regulation, supervision, and protection of home and foreign insurance companies, Lloyds associations, reciprocal and inter-insurance exchanges, and fire insurance rating bureaus, and the regulation and supervision of insurance carried by such companies, associations, and exchanges, including insurance carried by the State Workmen's Insurance Fund; providing penalties; and repealing existing laws . . .,’”March 22, 2010, S.B. 237, codified at 40 PA. CONS. STAT. §§ 908-11 et seq.

“Short title of article,” PA. CONS. STAT. § 908-11

AMENDMENTS: None

DESCRIPTION: Provides that the article can be cited as the “Health Insurance Coverage Parity and Nondiscrimination Act”

“Purpose,” PA. CONS. STAT. § 908-12

AMENDMENTS: None

DESCRIPTION: Provides that this act is meant to bring Pennsylvania in compliance with the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (Public Law 110-343, 122 Stat. 3881), the Genetic Information Nondiscrimination Act of 2008 (Public Law 110-233, 122 Stat. 881) and Michelle's Law (Public Law 110-381, 122 Stat. 4081), collectively contained in the Public Health Service Act (58 Stat. 682, 42 U.S.C. § 201 et seq.) while allowing the state to retain its authority to regulate health insurance in the Commonwealth

“Definitions,” PA. CONS. STAT. § 908-13

AMENDMENTS: None

DESCRIPTION: Provides definitions for the Act

“Adoption of Federal Acts,” PA. CONS. STAT. § 908-14

AMENDMENTS: None

DESCRIPTION: Requires insurers to comply with the Federal acts as contained in sections 2701, 2702, 2705, 2707, 2721, 2753 and 2754 of the Public Health Service Act (58 Stat. 682, 42 U.S.C. §§ 300gg, 300gg-1, 300gg-5, 300gg-7, 300gg-21, 300gg-53 and 300gg-54).

“Penalties,” PA. CONS. STAT. § 908-15

AMENDMENTS: None

DESCRIPTION: Provides when penalties will be assessed and amounts

“Regulations,” PA. CONS. STAT. § 908-16

AMENDMENTS: None

DESCRIPTION: Allows the department to promulgate regulations necessary to carry out this article

2. TITLE: “Prohibition against use of genetic information and genetic testing,” 31 PA. CODE § 89.791

Adopted April 25, 2009

Prohibits issuers of Medicare supplement policies from engaging in the following acts: using genetic information to deny or condition a policy; using genetic information to discriminate in the pricing of a policy; require an individual or her family member to undergo a genetic test; requesting, requiring, or purchasing genetic information to determine eligibility, compute premiums due, apply a preexisting condition exclusion

1. TITLE: “Accident and sickness insurance policies: Genetic testing,” R.I. GEN. LAWS. § 27-18-52

Enacted as “An act relating to insurance coverage—genetic testing,” July 20, 1998, 98-H 7590; most recently amended June 28, 2002, 02-H 7725A, codified at R.I. GEN. LAWS. § 27-18-52

Prohibits insurers from releasing genetic information without prior written authorization from an individual; further prohibits insurers from: using genetic information to deny, cancel, refuse to renew, increase the rates of, affect the terms and conditions of a policy for insurance; require or request a genetic test to determine whether to extend or renew coverage; request or require an individual to disclose whether she has ever undergone genetic testing or the results of such a test

2. TITLE: “Accident and sickness insurance policies: Genetic information,” R.I. GEN. LAWS § 27-18-52.1

Enacted as “An act relating insurance–genetic testing,” June 28, 2001, 01-S 803; most recently amended June 28, 2002, 02-H 7725A, codified at R.I. GEN. LAWS. § 27-18-52.1

Duplicative of § 27-18-52, but provides a different definition of “genetic information” (information about genes, gene product, or inherited characteristics)

3. TITLE: “Definitions,” R.I. GEN LAWS § 27-18.5-2

Enacted as “An act relating to healthcare reform,” July 13, 2000, 00-S 3033; most recently amended July 1, 2019, 19-H 5151A, codified at R.I. GEN LAWS § 27-18.5-2

Defines health status related factor to include genetic information

4. TITLE: “Guaranteed availability to certain individuals,” R.I. GEN. LAWS § 27-18.5-3

Enacted as “An act relating to healthcare reform,” July 13, 2000, 00-S 3033; most recently amended July 3, 2006, 06-H 7926A, codified at R.I. GEN. LAWS § 27-18.5-3

Allows a carrier offering coverage in the individual market to deny coverage under certain circumstances so long as it acts without regard to any health status related factor

5. TITLE: “Continuation of coverage—renewability,” R.I. GEN. LAWS § 27-18.5-4

Enacted as “An act relating to healthcare reform,” July 13, 2000, 00-S 3033; most recently amended June 24, 2005, 05-H 5512A, codified at R.I. GEN. LAWS § 27-18.5-4

Allows a carrier offering coverage in the individual market to decide not to renew coverage under certain circumstances so long as it acts without regard to any health status related factor

6. TITLE: “Definitions,” R.I. GEN. LAWS § 27-18.6-2

Enacted as “An act relating to healthcare reform,” July 13, 2000, 00-S 3033; most recently amended July 7, 2006, 06-H 7145A, codified at R.I. GEN. LAWS § 27-18.6-2

Defines health status related factor to include genetic information

7. TITLE: “Limitation on preexisting condition exclusion,” R.I. GEN. LAWS § 27-18.6-3

Enacted as “An act relating to healthcare reform,” July 13, 2000, 00-S 3033; most recently amended June 18, 2012, 12-H 7909A, codified at R.I. GEN. LAWS § 27-18.6-3

Prohibits genetic information from being treated as a preexisting condition absent a diagnosis

8. TITLE: “Discrimination prohibited,” R.I. GEN. LAWS § 27-18.6-4

Enacted as “An act relating to healthcare reform,” July 13, 2000, 00-S 3033, codified at R.I. GEN. LAWS § 27-18.6-4

Prohibits an insurer from establishing rules for eligibility based on health status related factors; further prohibits insurers for charging a higher premium based on health status related factors

9. TITLE: “Continuation of coverage—renewability,” R.I. GEN. LAWS § 27-18.6-5

Enacted as “An act relating to healthcare reform,” July 13, 2000, 00-S 3033; most recently amended July 17, 2003, 03-S 834A, codified at R.I. GEN. LAWS § 27-18.6-5

Allows insurers to discontinue coverage in certain circumstances so long as the decision is made without regard to any health status related factor

10. TITLE: “Nonprofit hospital services corporation: Genetic testing,” R.I. GEN. LAWS § 27-19-44

Enacted as “An act relating to insurance coverage—genetic testing,” July 20, 1998, 98-H 7590; most recently amended July 2, 2001, 01-H 5347A, codified at R.I. GEN. LAWS § 27-19-44

Prohibits insurance administrators, health plan and providers from releasing genetic information about individuals; further prohibits nonprofit health service corporations from: using genetic information to deny, cancel, refuse to renew, increase the rates of, affect the terms and conditions of a policy for insurance; require or request a genetic test to determine whether to extend or renew coverage; request or require an individual to disclose whether she has ever undergone genetic testing or the results of such a test

11. TITLE: “Nonprofit hospital services corporation: Genetic information,” R.I. GEN. LAWS § 27-19-44.1

Enacted as “An act relating insurance–genetic testing,” June 28, 2001, 01-S 803; most recently amended June 28, 2002, 02-H 7725A, codified at R.I. GEN. LAWS. § 27-19-44.1

Duplicates § 27-19-44, but provides a different definition of “genetic information” (information about genes, gene product, or inherited characteristics)

12. TITLE: “Nonprofit medical services corporation: Genetic testing,” R.I. GEN. LAWS § 27-20-39

Enacted as “An act relating to insurance coverage—genetic testing,” July 20, 1998, 98-H 7590; most recently amended July 2, 2001, 01-H 5347A, codified at R.I. GEN. LAWS § 27-20-39

Prohibits insurance administrators, health plans and providers from releasing genetic information about individuals; further prohibits a nonprofit health insurer from: using genetic information to deny, cancel, refuse to renew, increase the rates of, affect the terms and conditions of a policy for insurance; require or request a genetic test to determine whether to extend or renew coverage; request or require an individual to disclose whether she has ever undergone genetic testing or the results of such a test

13. TITLE: “Nonprofit medical services corporation: Genetic information,” R.I. GEN. LAWS § 27-20-39.1

Enacted as “An act relating insurance–genetic testing,” June 28, 2001, 01-S 803; most recently amended June 28, 2002, 02-H 7725A, codified at R.I. GEN. LAWS. § 27-20-39.1

Duplicates § 27-20-39, but provides a different definition of “genetic information” (information about genes, gene product, or inherited characteristics)

14. TITLE: “Health maintenance organizations: Genetic testing,” § 27-41-53

Enacted as “An act relating to insurance coverage—genetic testing,” July 20, 1998, 98-H 7590; most recently amended July 2, 2001, 01-H 5347A, codified at R.I. GEN. LAWS § 27-41-53

Prohibits insurance administrators, health plans and providers from releasing genetic information about individuals; further prohibits a health maintenance organization from: using genetic information to deny, cancel, refuse to renew, increase the rates of, affect the terms and conditions of a policy for insurance; require or request a genetic test to determine whether to extend or renew coverage; request or require an individual to disclose whether she has ever undergone genetic testing or the results of such a test

15. TITLE: “Health maintenance organizations: Genetic information,” R.I. GEN. LAWS § 27-41-53.1

Enacted as “An act relating insurance–genetic testing,” June 28, 2001, 01-S 803; most recently amended June 28, 2002, 02-H 7725A, codified at R.I. GEN. LAWS. § 27-41-53.1

Duplicates § 27-41-53.1, but provides a different definition of “genetic information” (information about genes, gene product, or inherited characteristics)

16. TITLE: “Definitions,” R.I. GEN. LAWS § 27-50-3

Enacted as “An act relating to healthcare reform,” July 13, 2000, 00-S 3033; most recently amended June 8, 2012, 12-S 2887A, codified at R.I. GEN. LAWS § 27-50-3

Defines health status related factor to include genetic information

17. TITLE: “Renewability,” R.I. GEN. LAWS § 27-50-6

Enacted as “An act relating to healthcare reform,” July 13, 2000, 00-S 3033; most recently amended July 19, 2003, 03-S 536A, codified at R.I. GEN. LAWS § 27-50-6

Allows a small employer carrier to discontinue offering a particular type of health benefit under certain circumstances so long as the decision is made without any regard for any health status related factor

18. TITLE: “Availability of coverage,” R.I. GEN. LAWS § 27-50-7

Enacted as “An act relating to healthcare reform,” July 13, 2000, 00-S 3033; most recently amended June 18, 2012, 12-S 2887A, codified at R.I. GEN. LAWS § 27-50-7

Allows a small employer carrier to elect not to offer coverage under certain circumstances so long as the decision is made without any regard for any health status related factor

19. TITLE: “Standards to assure fair marketing,” R.I. GEN. LAWS § 27-50-12

Enacted as “An act relating to healthcare reform,” July 13, 2000, 00-S 3033, codified at R.I. GEN. LAWS § 27-50-12

Provides standards for small employer carriers actively marketing and offering health benefit plans to eligible small employers in Rhode Island

1. TITLE: “Genetic testing prohibited,” R.I. GEN. LAWS. § 28-6.7-1

Enacted as “An act relating to employment—genetic testing,” July 13, 1992, 92-H 8182; amended June 8, 2002, 02-H 149A am, codified at R.I. GEN. LAWS. § 28-6.7-1

Prohibits employers, employment agencies, and licensing agencies from requiring or requesting genetic testing, or denying employment for refusal to submit to a genetic test; further prohibits any individual from selling or interpreting genetic information to or for an employer

2. TITLE: “Definitions,” R.I. GEN. LAWS § 28-6.7-2.1

Enacted as “An act relating to labor and labor relations—genetic testing as a condition of employment,” June 8, 2002, 02-H 149A am, codified at R.I. GEN. LAWS. § 28-6.7-2.1

Provides definitions for the chapter

3. TITLE: “Penalties for violations,” R.I. GEN. LAWS § 28-6.7-3

Enacted as “An act relating to employment—genetic testing,” July 13, 1992, 92-H 8182, codified as R.I. GEN. LAWS. § 28-6.7-3

Allows for civil actions under this chapter; permits courts to award an injunction, punitive damages, actual damages, and attorney’s fees

4. TITLE: “No waiver permitted,” R.I. GEN. LAWS § 28-6.7-5

Enacted as “An act relating to labor and labor relations—genetic testing as a condition of employment,” June 8, 2002, 02-H 149A am, codified at R.I. GEN. LAWS. § 28-6.7-5

Holds any contract purporting to waive the provisions of this chapter as null and void as being against public policy

1. TITLE: “Definitions; denial of continued access to coverage,” S.C. CODE ANN. § 38-41-45

Enacted as “An act to amend the Code of Laws of South Carolina . . . ,” March 31, 1997, S.B. 288, codified at S.C. CODE ANN. § 38-41-45

Defines health status related factor to include genetic information (but then does not use the term for the rest of the chapter)

2. TITLE: “Definitions,” S.C. CODE ANN. § 38-71-670

Enacted as “An act to amend the Code of Laws of South Carolina . . . ,” March 31, 1997, S.B. 288, codified at S.C. CODE ANN. § 38-71-670, codified at S.C. CODE ANN. § 38-71-670

Defines health status related factor to include genetic information

3. TITLE: “Renewal or continuance of coverage at option of insurer; conditions for nonrenewal or discontinuance; modification of coverage,” S.C. CODE ANN. § 38-71-675

Enacted as “An act to amend the Code of Laws of South Carolina . . . ,” March 31, 1997, S.B. 288, codified at S.C. CODE ANN. § 38-71-670, codified at S.C. CODE ANN. § 38-71-675

Allows a health insurance issuer to discontinue offering a particular type of health benefit under certain circumstances so long as the decision is made without any regard for any health status related factor

4. TITLE: “Requirements for group accident, group health, and group accident and health policies,” S.C. CODE ANN. § 38-71-730

Amended by “An act to amend the Code of Laws of South Carolina . . . ,” March 31, 1997, S.B. 288, codified at S.C. CODE ANN. § 38-71-730

Allows a common group of small employers to be formed solely for the purpose of obtaining insurance so long as the group does not exclude any small employer on the basis of health status related factors

5. TITLE: “Standards for group accident and health insurance coverage, discontinuance, and replacement,” S.C. CODE ANN. § 38-71-760

Amended by “An act to amend . . . section 38-71-760 . . . “ May 1, 2002, S.B. 982, codified at S.C. CODE ANN. § 38-71-760

For health insurance coverage purposes, requires each day missed from work due to a health status related factor to be counted as actively being at work

6. TITLE: “Definitions,” S.C. CODE ANN. § 38-71-840

Enacted as “An act to amend the Code of Laws of South Carolina . . . ,” March 31, 1997, S.B. 288, codified at S.C. CODE ANN. § 38-71-840

Defines health status related factor to include genetic information

7. TITLE: “Preexisting condition exclusion; limitations; creditable coverage; certification; enrollment for coverage,” S.C. CODE ANN. § 38-71-850

Enacted as “An act to amend the Code of Laws of South Carolina . . . ,” March 31, 1997, S.B. 288; amended June 7, 2010, S.B. 1224, codified at S.C. CODE ANN. § 38-71-850

Allows a health maintenance organization which does not impose any preexisting condition exclusion to impose an affiliation period for coverage so long as it is applied uniformly without regard to any health status related factor

8. TITLE: “Health status related factor in relation to individual enrollees and their dependents; restrictions on eligibility rules and premium charges,” S.C. CODE ANN. § 38-71-860

Enacted as “An act to amend the Code of Laws of South Carolina . . . ,” March 31, 1997, S.B. 288, codified at S.C. CODE ANN. § 38-71-860

Prohibits an insurer from establishing rules for eligibility based on any health status related factor, including genetic information

9. TITLE: “Coverage in small or large group market in connection with group health plan; nonrenewal or discontinuance; restrictions; modification of coverage; plan sponsor,” S.C. CODE ANN. § 38-71-870

Enacted as “An act to amend the Code of Laws of South Carolina . . . ,” March 31, 1997, S.B. 288, codified at S.C. CODE ANN. § 38-71-870

Allows an insurer to non-renew or discontinue a plan offered in the small or large group market under certain circumstances so long as the decision is applied uniformly and without regard to any individual’s health status related factor

10. TITLE: “Formation of health group cooperative; requirements; registration; organization as nonprofit corporation,” S.C. CODE ANN. § 38-71-1345

Enacted as “An act to amend the Code of Laws of South Carolina . . .,” Feb. 19, 2008, S.B. 588, codified at S.C. CODE ANN. § 38-71-1345

Incorporates by reference health status related factor to include genetic information; prohibits a health group cooperative of small employers from conditioning membership on any health status related factor

11. TITLE: “Insurers required to offer all plans actively marketed to small employers; availability to all eligible employees; network plans; denial of coverage,” S.C. CODE ANN. § 38-71-1360

Enacted as “An act to enact the ‘Small Employer Health Insurance Availability Act,’” April 19, 1994, S.B. 541; amended March 13, 1997, S.B. 288, codified at S.C. CODE ANN. § 38-71-1360

Allows a small employer insurer to discontinue offering particular health plan products so long as the decision is applied uniformly without any regard for any individual’s health status related factor

12. TITLE 38, CHAPTER 93 – PRIVACY OF GENETIC INFORMATION

Enacted as “An act to amend Title 38, Code of Laws of South Carolina, 1976, relating to insurance, by adding chapter 93 so as to enact provisions regulating the privacy of genetic information,” May 26, 1998, S.B. 535, codified at S.C. CODE ANN. §§ 38-93-10 et seq.

“Definitions,” S.C. CODE ANN. § 38-93-10

AMENDMENTS: Amended June 1, 2010, S.B. 1224, codified at S.C. CODE ANN. § 38-93-10

DESCRIPTION: Provides definitions for chapter

“Applicability,” S.C. CODE ANN. § 38-93-20

AMENDMENTS: Added to chapter June 1, 2010, S.B. 1224, codified at S.C. CODE ANN. § 38-93-20

DESCRIPTION: Provides that this chapter applies to insurance coverage offered in connection with and individual health plan, a group health plan, or a health benefit plan offered or delivered or renewed in South Carolina

“Medical coverage and health insurance; restrictions or discrimination on basis of genetic information prohibited,” S.C. CODE ANN. § 38-93-30

AMENDMENTS: Added to chapter June 1, 2010, S.B. 1224, codified at S.C. CODE ANN. § 38-93-30

DESCRIPTION: Prohibits a health insurance issuer from using genetic testing in issuing, renewing, or reissuing a policy; further prohibits insurer from terminating, limiting, canceling, refusing to renew, or restricting coverage or sale because of genetic information; further prohibits an insurer from adjusting premiums, requiring riders, imposing a preexisting condition upon, or a waiting period on an individual because of genetic testing

“Confidentiality; disclosure restrictions and exceptions,” S.C. CODE ANN. § 38-93-40

AMENDMENTS: Added to chapter June 1, 2010, S.B. 1224, codified at S.C. CODE ANN. § 38-93-40

DESCRIPTION: Provides that all genetic information obtained must be kept confidential and not disclosed to a third party in a manner that allows identification of the individual without that individual’s written informed consent; provides exceptions for certain scenarios like determining paternity and criminal investigations

“Informed consent required for genetic test; exceptions,” S.C. CODE ANN. § 38-93-50

AMENDMENTS: Added to chapter June 1, 2010, S.B. 1224, codified at S.C. CODE ANN. § 38-93-50

DESCRIPTION: Requires an individual to obtain specific informed consent from an individual prior to performing a genetic test on that individual; provides exceptions for certain scenarios like determining paternity and criminal investigations

“Health insurance issuer may not request or require an individual or a family member of an individual to undergo a genetic test; exceptions,” S.C. CODE ANN. § 38-93-60

AMENDMENTS: Added to chapter June 1, 2010, S.B. 1224, codified at S.C. CODE ANN. § 38-93-60

DESCRIPTION: Prohibits a health insurer from requiring an individual or family member to undergo a genetic test; allows a healthcare professional providing health care services to request an individual undergo genetic testing; provides circumstance under which a health insurer can request an individual undergo genetic testing

“Health insurance issuer may not request, require, or purchase genetic information for underwriting purposes, exceptions,” S.C. CODE ANN. § 38-93-70

AMENDMENTS: Added to chapter June 1, 2010, S.B. 1224, codified at S.C. CODE ANN. § 38-93-70

DESCRIPTION: Prohibits a health insurance issuer from requesting, requiring, or purchasing genetic information for underwriting purposes or before the individual enrolls under the policy

“Certain actions by health insurance issuers not precluded by chapter,” S.C. CODE ANN. § 38-93-80

AMENDMENTS: Added to chapter June 1, 2010, S.B. 1224, codified at S.C. CODE ANN. § 38-93-80

DESCRIPTION: Allows health insurers to establish rules for eligibility, adjusting premium or contribution amounts, and imposing a preexisting condition exclusion based on the manifestation of a disease; further allows health insurers to obtain and use the results of genetic information in making a determination regarding payment (as defined for purposes of applying Part C of Title XI of the Social Security Act and Section 264 of HIPAA) consistent with the provisions of this chapter

“Violations,” S.C. CODE ANN. § 38-93-90

AMENDMENTS: Added to chapter June 1, 2010, S.B. 1224, codified at S.C. CODE ANN. § 38-93-90

DESCRIPTION: Provides that violating this chapter is an unfair trade practice; provides remedies

1. TITLE: “Definitions related to genetic testing,” S.D. CODIFIED LAWS § 58-1-24

Enacted as “An act entitled, an act to prohibit the use of genetic tests in the offer, sale, or renewal of certain types of insurance,” March 5, 2001, H.B. 1003; amended March 7, 2011, S.B. 38, codified at S.D. CODIFIED LAWS § 58-1-24

Provides definitions of genetic information and genetic testing for §§ 58-1-25 & 58-18-87

2. TITLE: “Use of genetic testing in offer, sale, or renewal of insurance prohibited,” S.D. CODIFIED LAWS § 58-1-25

Enacted as “An act entitled, an act to prohibit the use of genetic tests in the offer, sale, or renewal of certain types of insurance,” March 5, 2001, H.B. 1003, codified at S.D. CODIFIED LAWS § 58-1-25

Prohibits health carriers from using genetic testing to determine coverage, establish premiums, or renewing coverage; further prohibits health carriers from requiring or requesting individuals or their family members from undergoing genetic testing

3. TITLE: “Provisions for carriers providing individual coverage other than excepted benefits,” S.D. CODIFIED LAWS § 58-17-84

Enacted as “An act to ensure continuity of individual health coverage,” March 9, 1996, H.B. 1227; amended to include language regarding genetic information March 11, 1997, S.B. 208; most recently amended March 14, 2011, S.B. 43, codified at S.D. CODIFIED LAWS § 58-17-84

Prohibits genetic information from being treated as a preexisting condition absent a diagnosis

4. TITLE: “Preexisting conditions—limitation of waiting periods,” S.D. CODIFIED LAWS § 58-18-45

Enacted as “An act to provide for portability of health insurance,” March 4, 1994, H.B. 1379; amended to include language regarding genetic information March 11, 1997, S.B. 208; most recently amended March 14, 2011, S.B. 43, codified at S.D. CODIFIED LAWS § 58-18-45

Prohibits genetic information from being treated as a preexisting condition absent a diagnosis

5. TITLE: “Director to promulgate rules governing use of genetic information,” S.D. CODIFIED LAWS § 58-18-87

Enacted as “An act entitled, an act to prohibit the use of genetic tests in the offer, sale, or renewal of certain types of insurance,” March 5, 2001, H.B. 1003, codified at S.D. CODIFIED LAWS § 58-18-87

Allows director to promulgate rules regarding the use of genetic information under chapter 1-26 of the South Dakota Codified Laws

6. TITLE: “Modification to exclude certain diseases prohibited,” S.D. CODIFIED LAWS § 58-18B-27

Enacted as “An act to reform South Dakota’s health insurance system,” March 16, 1995, S.B. 217; amended to include language regarding genetic information March 11, 1997, S.B. 208; most recently amended March 13, 1998, S.B. 56, codified at S.D. CODIFIED LAWS § 58-18B-27

Prohibits a carrier from restricting or excluding coverage for certain diseases or conditions otherwise covered by the plan; further prohibits the carrier from establishing rules for eligibility based on health status related factors

1. TITLE: “Use of genetic information in employment practices prohibited—exceptions—actions for damages,” S.D. CODIFIED LAWS § 60-2-20

Enacted as “An act entitled, an act to prohibit employers from obtaining, seeking, or using genetic information,” Feb. 24, 2001, S.B. 2, codified at S.D. CODIFIED LAWS § 60-2-20

Prohibits an employer from using, seeking, or obtaining genetic information to distinguish between employees or restrict rights or benefits otherwise due; allows an employer to seek, obtain, or use genetic information for a criminal investigation

2. TITLE: “Genetic information defined,” S.D. CODIFIED LAWS § 60-2-21

Enacted as “An act entitled, an act to prohibit employers from obtaining, seeking, or using genetic information,” Feb. 24, 2001, S.B. 2, codified at S.D. CODIFIED LAWS § 60-2-21

Defines genetic information for the purposes of § 60-2-20

1. GENETIC INFORMATION NONDISCRIMINATION IN HEALTH INSURANCE ACT

Enacted as “An act to enact the ‘Genetic Information Nondiscrimination in Health Insurance Act of 1997’ relative to insurance coverage,” April 23, 1997, H.B. 413, codified at TEN. CODE ANN. §§ 56-7-2701 et seq.

“Short title,” TEN. CODE ANN. § 56-7-2701

AMENDMENTS: None

DESCRIPTION: Titles this part as “The Genetic Nondiscrimination in Health Insurance Act of 1997

“Definitions,” TEN. CODE ANN. § 56-7-2702

AMENDMENTS: None

DESCRIPTION: Provides definitions for this part

“Discrimination; Genetic services,” TEN. CODE ANN. § 56-7-2703

AMENDMENTS: None

DESCRIPTION: Prohibits health insurance providers from denying or canceling coverage, varying the premium, terms, or conditions of a policy, on the basis that an individual or her family member has requested or received genetic services

“Disclosure of genetic information; prior written authority,” TEN. CODE ANN. § 56-7-2704

AMENDMENTS: None

DESCRIPTION: Prohibits an insurance provider from requesting or requiring individuals to undergo genetic testing; further prohibits providers from disclosing genetic information without prior written authorization of requested individual

“Application of part,” TEN. CODE ANN. § 56-7-2705

AMENDMENTS: None

DESCRIPTION: Provides that this part does not apply to life insurance, disability income policies, long-term care policies, accident only policies, hospital indemnity or fixed indemnity policies, or dental or vision policies

“Routine physical examinations or chemical, blood or urine analysis,” TEN. CODE ANN. § 56-7-2706

AMENDMENTS: None

DESCRIPTION: Provides that nothing in this chapter limits or precludes a health insurer from obtaining routine physical examinations or chemical, blood, or urine analysis, or from asking health related questions of an applicant or her family members

“Coverage for genetic services; limitations,” TEN. CODE ANN. § 56-7-2707

AMENDMENTS: None

DESCRIPTION: Provides that nothing in this part requires an insurer to cover genetic services unless such coverage is already included within the scope of the insurer’s coverage

“Promulgation of regulations,” TEN. CODE ANN. § 56-7-2708

AMENDMENTS: None

DESCRIPTION: Allows commissioner to promulgate regulations necessary to carry out this part

2. TITLE: “Health group cooperative of small employers,” TEN. CODE ANN. § 56-7-2208

Enacted as “An act to amend Tennessee Code Annotated, Title 56, relative to health cooperatives,” May 28, 2008, S.B. 4014; amended March 31, 2010, S.B. 2836, codified at TEN. CODE ANN. § 56-7-2208

Prohibits a health group cooperative from conditioning membership on any health status related factor; incorporates definition of health status related factor from § 56-7-2802 (see below)

3. TITLE: “Definitions,” TEN. CODE ANN. § 56-7-2802

Enacted as “An act . . . relative to compliance with the Health Insurance Portability and Accountability Act of 1996,” April 30, 1997, S.B. 1699, codified at TEN. CODE ANN. § 56-7-2802

Prohibits genetic information from being treated as a preexisting condition absent a diagnosis; defines health status related factor to include genetic information for part 28 of the insurance title

4. TITLE: “Preexisting conditions; creditable coverage; special enrollment periods,” TEN. CODE ANN. § 56-7-2803

Enacted as “An act . . . relative to compliance with the Health Insurance Portability and Accountability Act of 1996,” April 30, 1997, S.B. 1699; amended May 22, 2001, S.B. 1689, codified at TEN. CODE ANN. § 56-7-2803

Allows an HMO that does not impose a preexisting condition exclusion to establish an affiliation period so long as the period is applied uniformly without any regard to health status related factors

5. TITLE: “Eligibility rules; health status-related factors; premiums,” TEN. CODE ANN. § 56-7-2804

Enacted as “An act . . . relative to compliance with the Health Insurance Portability and Accountability Act of 1996,” April 30, 1997, S.B. 1699, codified at TEN. CODE ANN. § 56-7-2804

Prohibits insurers from establishing rules for eligibility based on health status related factors

6. TITLE: “Small group market; rules for network plans; financial capacity limits; exceptions,” TEN. CODE ANN. § 56-7-2805

Enacted as “An act . . . relative to compliance with the Health Insurance Portability and Accountability Act of 1996,” April 30, 1997, S.B. 1699, codified at TEN. CODE ANN. § 56-7-2805

Allows a carrier to deny insurance in the small group market under certain circumstances so long as the decision does not take into account any health status related factor

7. TITLE: “Guaranteed renewability of coverage for employers in the group market,” TEN. CODE ANN. § 56-7-2806

Enacted as “An act . . . relative to compliance with the Health Insurance Portability and Accountability Act of 1996,” April 30, 1997, S.B. 1699, codified at TEN. CODE ANN. § 56-7-2806

Allows an issuer to nonrenew or discontinue a health benefit plan product in the small or large group market under certain circumstances so long as the decision is applied uniformly without regard to any individual’s health status related factor

8. TITLE: “Eligible individuals; enrollment without preexisting condition exclusion; alternative coverage; rules for network plans; financial capacity limits,” TEN. CODE ANN. § 56-7-2809

Enacted as “An act . . . relative to compliance with the Health Insurance Portability and Accountability Act of 1996,” April 30, 1997, S.B. 1699, codified at TEN. CODE ANN. § 56-7-2809

Allows an issuer to deny coverage in the individual market under certain circumstances so long as the decision is applied uniformly without regard to any individual’s health status related factor

9. TITLE: “Renewal; nonrenewal; discontinuance,” TEN. CODE ANN. § 56-7-2810

Enacted as “An act . . . relative to compliance with the Health Insurance Portability and Accountability Act of 1996,” April 30, 1997, S.B. 1699; most recently amended May 31, 2018, H.B. 1808, codified at TEN. CODE ANN. § 56-7-2810

Allows a health insurer offering coverage through a network plan to nonrenew or discontinue coverage under certain circumstances so long as the decision is applied uniformly without regard to any individual’s health status related factor

10. TITLE: “Genetic information restrictions,” TEN. CODE ANN. § 56-51-116

Enacted as “An act to amend Title 56 . . . ,” June 23, 2000, H.B. 3018, codified at TEN. CODE ANN. § 56-51-116

Requires prepaid limited health service organizations to comply with the genetic information nondiscrimination act

1. CHAPTER 546, TEXAS INSURANCE CODE, “USE OF GENETIC TESTING”

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922, codified at TEX. INS. CODE ANN. § 546.001 et. seq.

“Definitions,” TEX. INS. CODE ANN. § 546.001

AMENDMENTS: None

DESCRIPTION: Provides definitions for the chapter, including “DNA,” “genetic characteristic,” “genetic information,” and “genetic test.”

“Applicability of Chapter,” TEX. INS. CODE ANN. § 546.002

AMENDMENTS: Amended June 17, 2005, effective Sept. 1, 2005, S.B. 53, codified at TEX. INS. CODE ANN. § 546.002

DESCRIPTION: Clarifies that this chapter applies only to health benefit plans that provide benefits for medical or surgical expenses incurred as a result of a health condition, accident, or sickness

“Exceptions,” TEX. INS. CODE ANN. § 546.003

AMENDMENTS: Amended June 17, 2005, effective Sept. 1, 2005, S.B. 53, codified at TEX. INS. CODE ANN. § 546.003

DESCRIPTION: Clarifies that this chapter does not apply to a plan that provides coverage only for a specified disease, accidental death or dismemberment, wages or payments in lieu of wages a worker missed out on at work due to accident or sickness, as a supplement to liability insurance

“Certain testing permitted; inducement prohibited,” TEX. INS. CODE ANN. § 546.051

AMENDMENTS: Amended June 17, 2005, effective Sept. 1, 2005, S.B. 53, codified at TEX. INS. CODE ANN. § 546.051

DESCRIPTION: Provides that a health benefit plan issuer that requests an applicant submit to a genetic test in connection with their application must do the following: notify the applicant that the test is required; disclose to the applicant the proposed use of the test results; and obtain the applicant’s written informed consent prior to the testing; prohibits the issuer from using the results to induce the purchase of coverage under the plan

“Improper use of test results; refusal to submit to testing,” TEX. INS. CODE ANN. § 546.052

AMENDMENTS: Amended June 17, 2005, effective Sept. 1, 2005, S.B. 53, codified at TEX. INS. CODE ANN. § 546.052

DESCRIPTION: Prohibits the issuer from using the results of a genetic test or the applicant’s refusal to submit to genetic testing for the purposes of determining eligibility, increasing premiums, or otherwise adversely affecting an applicant’s eligibility

“Testing related to pregnancy,” TEX. INS. CODE ANN. § 546.053

AMENDMENTS: Amended June 17, 2005, effective Sept. 1, 2005, S.B. 53, codified at TEX. INS. CODE ANN. § 546.053

DESCRIPTION: Prohibits an issuer from requiring genetic testing of a child in utero as a condition of coverage without the pregnant person’s consent and from using genetic information to coerce or compel a pregnant person to have an induced abortion (the statutes specifically uses the words “pregnant woman”)

“Destruction of sample material; exceptions,” TEX. INS. CODE ANN. § 546.054

AMENDMENTS: None

DESCRIPTION: Provides that the sample used for genetic testing must be destroyed promptly after the purpose for which it was obtained is achieved, unless certain exceptions apply (court ordered retention; individual authorizes retention for research; etc.)

“Disclosure of test results to individual tested,” TEX. INS. CODE ANN. § 546.101

AMENDMENTS: Amended June 17, 2005, effective Sept. 1, 2005, S.B. 53, codified at TEX. INS. CODE ANN. § 546.101

DESCRIPTION: Establishes that individual who submits to a genetic test has the right to know the results of such testing; individual can submit request for results in writing to the issuer

“Confidentiality of genetic information,” TEX. INS. CODE ANN. § 546.102

AMENDMENTS: Amended June 17, 2005, effective Sept. 1, 2005, S.B. 53, codified at TEX. INS. CODE ANN. § 546.102

DESCRIPTION: Provides that genetic information is confidential and privileged regardless of the source of the information; a person or entity who holds genetic information about an individual cannot be compelled or subpoenaed to disclose such information; this section applies to any redisclosure of genetic information by a secondary recipient

“Exceptions to confidentiality,” TEX. INS. CODE ANN. § 546.103

AMENDMENTS: Amended June 17, 2005, effective Sept. 1, 2005, S.B. 53, codified at TEX. INS. CODE ANN. § 546.103

DESCRIPTION: Allows genetic information to be disclosed absent authorization in certain circumstances, including a criminal proceeding and establishing paternity

“Authorized disclosure,” TEX. INS. CODE ANN. § 546.104

AMENDMENTS: Amended June 17, 2005, effective Sept. 1, 2005, S.B. 53, codified at TEX. INS. CODE ANN. § 546.104

DESCRIPTION: Describes requirements of written consent to authorize disclosure of genetic information

“Cease and desist order,” TEX. INS. CODE ANN. § 546.151

AMENDMENTS: Amended June 17, 2005, effective Sept. 1, 2005, S.B. 53, codified at TEX. INS. CODE ANN. § 546.151

DESCRIPTION: Allows the commissioner to issue a cease and desist order to an issuer who is in violation of this chapter

“Administrative penalty,” TEX. INS. CODE ANN. § 546.152

AMENDMENTS: Amended June 17, 2005, effective Sept. 1, 2005, S.B. 53, codified at TEX. INS. CODE ANN. § 546.152

DESCRIPTION: Establishes that an issuer operating in violation of this chapter is subject to administrative penalty

2. TITLE: “Definitions,” TEX. INS. CODE ANN. § 846.001

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 17, 2001, effective June 1, 2003, H.B. 2811, codified at TEX. INS. CODE ANN. § 846.001

Provides definitions for the chapter (governing multiple employer welfare arrangements), defines health status related factor to include genetic information

3. TITLE: “Premium rates; adjustments,” TEX. INS. CODE ANN. § 846.007

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 17, 2001, effective June 1, 2003, H.B. 2811; amended June 15, 2007, effective April 1, 2009, H.B. 2636, codified at TEX. INS. CODE ANN. § 846.007

Prohibits a multiple employer welfare arrangement from charging adjustment to premium rates based on health status related factors

4. TITLE: “Treatment of certain conditions as preexisting prohibited,” TEX. INS. CODE ANN. § 846.203

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 17, 2001, effective June 1, 2003, H.B. 2811, codified at TEX. INS. CODE ANN. § 846.203

Prohibits a multiple employer welfare arrangement from treating genetic information as a preexisting condition absent a diagnosis

5. TITLE: “Refusal to renew,” TEX. INS. CODE ANN. § 846.207

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” HB 2811, June 17, 2001, codified at TEX. INS. CODE ANN. § 846.207

Allows a multiple employer welfare arrangement to discontinue a health benefit plan only if, among other requirements, it does so without regard to any health status related factor (including genetic information) of participating employees or dependents

6. TITLE: “Participation criteria,” TEX. INS. CODE. ANN. § 846.251

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 17, 2001, effective June 1, 2003, H.B. 2811, codified at TEX. INS. CODE ANN. § 846.251

Requires that participation eligibility not be based on a health status related factor

7. TITLE: “Coverage requirements,” TEX. INS. CODE ANN. § 846.252

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 17, 2001, effective June 1, 2003, H.B. 2811, codified at TEX. INS. CODE ANN. § 846.252

Requires that the multiple employer welfare arrangement provide coverage to each of the employer’s employees regardless of health status related factors

8. TITLE: “Declining coverage,” TEX. INS. CODE ANN. § 846.255

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 17, 2001, effective June 1, 2003, H.B. 2811, codified at TEX. INS. CODE ANN. § 846.255

The multiple employer welfare arrangement must obtain written confirmation from any employee who declines coverage under the arrangement; such confirmation must ensure that the employee wasn’t induced or pressured to decline coverage based on a health status related factor; requires the multiple employer welfare arrangement refuse to provide coverage to the employer or its employees if an agent of the arrangement knows that the employer induced or pressured one of its employees to decline coverage based on a health status related factor

9. TITLE: “Renewability and continuation of individual health insurance policies,” TEX. INS. CODE ANN. § 1202.051

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922, codified at TEX. INS. CODE ANN. § 1202.051

Allows an insurer to decline to renew or continue an individual policy under certain circumstances so long as it makes the decision without regard to any health status related factors

10. TITLE: “Definitions,” TEX. INS. CODE ANN. § 1501.002

Enacted as “Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922; most recently amended May 25, 2013, effective Sept. 1, 2013, S.B. 1332, codified at TEX. INS. CODE ANN. § 1501.002

For the chapter, defines health status related factor to include genetic information

11. TITLE: “Certain actions based on risk characteristics or health status prohibited,” TEX. INS. CODE ANN. § 1501.065

Enacted as “An act relating to nonsubstantive additions to and corrections in enacted codes, to the nonsubstantive codification or disposition of various laws omitted from enacted codes, and to conforming codifications enacted by the 78th Legislature to other Acts of that legislature,” June 17, 2005, effective Sept. 1, 2005, H.B. 2018; amended June 17, 2011, S.B. 859, codified at TEX. INS. CODE ANN. § 1501.065

Prohibits a cooperative from limiting, restricting, or conditioning membership based on an employee’s health status related factors

12. TITLE: “Geographic service area,” TEX. INS. CODE ANN. § 1501.101

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922; amended May 19, 2015, effective Sept. 1, 2015, .B. 784, codified at TEX. INS. CODE ANN. § 1501.101

Allows a small or large employer health benefit plan issuer to not offer or issue a plan under certain circumstances so long as the issuer is acting uniformly without regard to health status related factors

13. TITLE: “Treatment of certain conditions as preexisting conditions prohibited,” TEX. INS. CODE ANN. § 1501.103

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922, codified at TEX. INS. CODE ANN. § 1501.103

Prohibits a small or large employer health benefit plan issuer from treating genetic information as a preexisting condition absent a diagnosis

14. TITLE: “Affiliation period,” TEX. INS. CODE ANN. § 1501.104

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922, codified at TEX. INS. CODE ANN. § 1501.104

Allows an HMO to impose an affiliation period so long as it’s imposed uniformly without regard to any health status related factor

15. TITLE: “Renewability of coverage; cancellation” TEX. INS. CODE ANN. § 1501.108

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922; most recently amended June 17, 2011, effective Sept. 1, 2011, H.B. 1405, codified at TEX. INS. CODE ANN. § 1501.108

Allows a small or large employer health benefit plan to refuse to renew benefit plans under certain circumstances so long as it is acting without regard to any individual’s health status related factor

16. TITLE: “Refusal to renew; discontinuation of coverage,” TEX. INS. CODE ANN. § 1501.109

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922; most recently amended May 19, 2015, effective Sept. 1, 2015, S.B. 784, codified at TEX. INS. CODE ANN. § 1501.109

Allows a small or large employer health benefit plan to discontinue a particular type of coverage under certain circumstances so long as it is acting without regard to any individual’s health status related factor

17. TITLE: “Guaranteed issue,” TEX. INS. CODE ANN. § 1501.151

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922, codified at TEX. INS. CODE ANN. § 1501.151

Requires small employer health benefit plan issuers to offer plans without regard for any health status related factor

18. TITLE: “Definitions,” TEX. INS. CODE ANN. § 1501.201

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922, codified at TEX. INS. CODE ANN. § 1501.201

Defines case characteristics; states health status related factor is not part of the definition

19. TITLE: “Premium rates; establishment.” TEX. INS. CODE ANN. § 1501.205

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922, codified at TEX. INS. CODE ANN. § 1501.205

Defines risk characteristic to include health status related factors

20. TITLE: “Participation criteria,” TEX. INS. CODE ANN. § 1501.601

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922, codified at TEX. INS. CODE ANN. § 1501.601

Prohibits participation criteria from being based on health status related factors

21. TITLE: “Coverage requirements,” TEX. INS. CODE ANN. § 1501.602

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922, codified at TEX. INS. CODE ANN. § 1501.602

Requires a large employer health plan issuer to issue benefits to all employees without regard for health status related factors

22. TITLE: “Declining coverage,” TEX. INS. CODE ANN. § 1501.604

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922, codified at TEX. INS. CODE ANN. § 1501.604

Requires a large employer benefit plan issuer to obtain a waiver from each employee declining coverage that states the employee was not induced to decline coverage based on any health status related factor

23. TITLE: “Premium rates; adjustments,” TEX. INS. CODE ANN. § 1501.610

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922, codified at TEX. INS. CODE ANN. § 1501.610

Prohibits a large employer benefit plan issuer from charging an adjustment to premium rates based on any health status related factor

24. TITLE: “Agents,” TEX. INS. CODE ANN. § 1501.613

Enacted as “An act relating to a nonsubstantive revision of statutes relating to the Texas Department of Insurance, the business of insurance, and certain related businesses, including conforming amendments, repeals, and penalties,” June 21, 2003, effective April 1, 2005, H.B. 2922, codified at TEX. INS. CODE ANN. § 1501.613

Prohibits a large employer health benefit plan issuer from limiting its contract or representation with an agent based on any health status related factors of a large employer group the agent placed with the issuer

1. CHAPTER 21, SUBCHAPTER H, TEXAS LABOR CODE, “DISCRIMINATORY USE OF GENETIC INFORMATION”

Enacted as “An act relating to a prohibition of discrimination in the determination of eligibility for employment, occupational licenses, and coverage under certain health benefit plans based on the use of certain genetic tests and to limitations on the use of information derived from those tests; providing an administrative penalty,” June 20, 1997, effective Sept. 1, 1997, H.B. 39, codified at TEX. LAB. CODE §§ 21.401 et seq.

“Definitions,” TEX. LAB. CODE § 21.401

AMENDMENTS: Most recently amended June 21, 2003, effective Sept. 1, 2003, H.B. 3507, codified at TEX. LAB. CODE § 21.401

DESCRIPTION: Provides definitions for the subchapter including “DNA,” “genetic testing,” and “genetic information”

“Discriminatory use of genetic information prohibited,” TEX. LAB. CODE § 21.402

AMENDMENTS: None

DESCRIPTION: Establishes that is an unlawful employment act to refuse to hire, to discharge, or to otherwise discriminate against an individual based on genetic information or an individual’s refusal to submit to a genetic test; labor organizations prohibited from excluding or expelling members based on genetic information or refusal to take a genetic test; employment agencies prohibited from failing to refer or otherwise discriminates against an individual based on genetic information or refusal to submit to a genetic test

“Confidentiality of genetic information,” TEX. LAB. CODE § 21.403

AMENDMENTS: Most recently amended June 21, 2003, effective Sept. 1, 2003, H.B. 3507, codified at TEX. LAB. CODE § 21.403

DESCRIPTION: Establishes that genetic information is privileged and confidential and not to be disclosed through subpoena or otherwise; a person who discloses genetic information in violation of this chapter is subject to civil liability

“Exceptions to confidentiality,” TEX. LAB. CODE § 21.4031

AMENDMENTS: Redesignated and amended June 21, 2003, effective Sept. 1, 2003, H.B. 3507, codified at TEX. LAB. CODE § 21.4031

DESCRIPTION: Establishes exceptions to disclosing genetic information absent written authorization from the individual tested

“Authorized disclosure,” TEX. LAB. CODE § 21.4032

AMENDMENTS: Redesignated and amended June 21, 2003, effective Sept. 1, 2003, H.B. 3507, codified at TEX. LAB. CODE § 21.4032

DESCRIPTION: Details the requirements of the written consent for disclosure

“Disclosure of test results to individual tested,” TEX. LAB. CODE § 21.404

AMENDMENTS: Most recently amended June 21, 2003, effective Sept. 1, 2003, H.B. 3507, codified at TEX. LAB. CODE § 21.404

DESCRIPTION: Establishes that an individual who has submitted themselves to genetic testing has the right to know the results of such testing; individual can submit a request for the results in writing

“Destruction of sample material, exceptions,” TEX. LAB. CODE § 21.405

AMENDMENTS: Most recently amended June 21, 2003, effective Sept. 1, 2003, H.B. 3507, codified at TEX. LAB. CODE § 21.405

DESCRIPTION: Requires the prompt destruction of any sample obtained from an individual after the sample has served its purpose, provides certain exceptions (court ordered retention, etc.)

2. TITLE: “Analysis of discrimination complaints; report,” TEX. LAB. CODE § 301.156

Enacted as “An act relating to the abolition of the Commission on Human Rights and the transfer of its functions to the Texas Workforce Commission,” June 28, 2003, H.B. 2933, codified at TEX. LAB. CODE § 301.156

Requires the division to annually collect employment and housing discrimination complaints, including employment complaints filed regarding discrimination on the basis of genetic information

1. TITLE 31A, CHAPTER 22, UTAH CODE, “GENETIC TESTING RESTRICTIONS ON INSURERS ACT”

Enacted as the ““The Genetic Testing Privacy Act,” March 18, 2002, effective Jan. 1, 2003, H.B. 56, codified at UTAH CODE ANN. §§ 31A-22-1601 et seq.

“Title,” UTAH CODE ANN. § 31A-22-1601

AMENDMENTS: None

DESCRIPTION: Provides that this act can be cited as the “Genetic testing restrictions on insurers act”

“Genetic testing restrictions,” UTAH CODE ANN. § 31A-22-1602

AMENDMENTS: None

DESCRIPTION: Provides that insurers must comply with UTAH CODE ANN. § 26-45-104 with respect to matters related to genetic testing and private genetic information, except for Medicare Supplement Insurance, which must comply with UTAH CODE ANN. § 31A-22-620 (which allows the Commissioner to establish regulations for genetic information and genetic testing in connection with such policies)

1. TITLE 34A, CHAPTER 11, UTAH CODE, “GENETIC TESTING RESTRICTIONS ON EMPLOYERS”

Enacted as the ““The Genetic Testing Privacy Act,” March 18, 2002, effective Jan. 1, 2003, H.B. 56, codified at UTAH CODE ANN. §§ 34A-11-101 et seq.

“Title,” UTAH CODE ANN. § 34A-11-101

AMENDMENTS: None

DESCRIPTION: Provides that this act can be cited as the “Genetic testing restrictions on employers act”

“Restrictions on employers,” UTAH CODE ANN. § 34A-11-102

AMENDMENTS: None

DESCRIPTION: Provides that insurers must comply with UTAH CODE ANN. § 26-45-103 with respect to matters related to genetic testing and private genetic information

2. TITLE: “Definitions,” UTAH CODE ANN. § 31A-1-301

Amended to include language regarding genetic information by “A bill to amend provisions of the insurance code,” May 2, 2005, H.B. 236; most recently amended March 25, 2019, H.B. 55, codified at UTAH CODE ANN. § 31A-1-301

Provides that preexisting condition does not include genetic information absent a diagnosis

3. TITLE: “Medicare Supplement Insurance Minimum Standards Act,” UTAH CODE ANN. § 31A-22-620

Amended to include language regarding genetic nondiscrimination by “A bill to modify the Insurance Code and related provisions,” March 30, 2009, H.B. 52; most recently amended March 27, 2015, H.B. 24, codified at UTAH CODE ANN. § 31A-22-620

1. TITLE: “Genetic information privacy,” VA. CODE ANN. § 38.2-508.4

Enacted as “An act to amend and reenact § 38.2–613 of the Code of Virginia and to amend the Code of Virginia by adding a section numbered 38.2–508.4, relating to insurance; genetic information privacy,” April 6, 1996, S.B. 335, codified at VA. CODE ANN. § 38.2-508.4

Provides definitions for the section; prohibits issuers (besides disability insurance issuers) from engaging in the following acts on the basis of genetic information: terminating, restricting, limiting, canceling, or refusing coverage, excluding an individual from coverage, imposing a waiting period, requiring an inclusion of a rider, or establishing differentials in premium rates for coverage; requires all genetic information obtained by an insurer or any other individual to remain confidential and shall not be made public

2. TITLE: “Application of article; definitions,” VA. CODE ANN. § 38.2-3431

Enacted as “An act to amend and reenact §§ 38.2–508.1, 38.2–3406.1, 38.2–3407.12, 38.2–3412.1, 38.2–3412.1:01, 38.2–3417, 38.2–3418.8, 38.2–3430.3, 38.2–3431, 38.2–3432.1, 38.2–3432.2, 38.2–3436, 38.2–3438, 38.2–3439, 38.2–3440, 38.2–3442, 38.2–3444, 38.2–3501, 38.2–3503, 38.2–3520, 38.2–3521.1, 38.2–3522.1, 38.2–3523.4, 38.2–3540.2, 38.2–3551, 38.2–4109, 38.2–4214, 38.2–4306, and 38.2–4319 of the Code of Virginia; to amend the Code of Virginia by adding in Article 6 of Chapter 34 of Title 38.2 sections numbered 38.2–3447 through 38.2–3454; and to repeal § 38.2–3433 of the Code of Virginia, the third enactment of Chapter 788 of the Acts of Assembly of 2011, and the second enactment of Chapter 882 of the Acts of Assembly of 2011, relating to health insurance reform,” April 13, 2013, H.B. 1900, codified at VA. CODE ANN. § 38.2-3431

Provides definitions for the article, including health status related factor (which includes genetic information)

3. TITLE: “Renewability,” VA. CODE ANN. § 38.2-3432.1

Enacted as, “An act to amend and reenact §§ 38.2–3431, 38.2–3433, 38.2–4214, 38.2–4216.1, 38.2–4217, 38.2–4229.1, 38.2–4306, 38.2–4319, and 58.1–2501 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 34 of Title 38.2 an article numbered 4.1, consisting of sections numbered 38.2–3430.1 through 38.2–3430.10; by adding sections numbered 38.2–3432.1, 38.2–3432.2, and 38.2–3432.3; by adding in Article 5 of Chapter 34 of Title 38.2 sections numbered 38.2–3434 through 38.2–3437; and by adding in Chapter 43 of Title 38.2 sections numbered 38.2–4322 and 38.2–4323; and to repeal § 38.2–3432 of the Code of Virginia, relating to health insurance, implementing the provisions of P.L. 104–191, the Health Insurance Portability and Accountability Act,” April 2, 1997, S.B. 1112; most recently amended April 3, 2013, H.B. 1900, codified at VA. CODE ANN. § 38.2-3432.1

Allows health insurance carrier to elect not to renew certain coverage under certain circumstances, including without respect to any health status related factor

4. TITLE: “Availability,” VA. CODE ANN. § 38.2-3432.2

Enacted as, “An act to amend and reenact §§ 38.2–3431, 38.2–3433, 38.2–4214, 38.2–4216.1, 38.2–4217, 38.2–4229.1, 38.2–4306, 38.2–4319, and 58.1–2501 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 34 of Title 38.2 an article numbered 4.1, consisting of sections numbered 38.2–3430.1 through 38.2–3430.10; by adding sections numbered 38.2–3432.1, 38.2–3432.2, and 38.2–3432.3; by adding in Article 5 of Chapter 34 of Title 38.2 sections numbered 38.2–3434 through 38.2–3437; and by adding in Chapter 43 of Title 38.2 sections numbered 38.2–4322 and 38.2–4323; and to repeal § 38.2–3432 of the Code of Virginia, relating to health insurance, implementing the provisions of P.L. 104–191, the Health Insurance Portability and Accountability Act,” April 2, 1997, S.B. 1112; most recently amended April 3, 2013, H.B. 1900, codified at VA. CODE ANN. § 38.2-3432.1

Allows an issuer to deny health insurance coverage in the small group market so long as it shows, among other things, that it is acting without regard to any health status related factor

5. TITLE: “Eligibility to enroll,” VA. CODE ANN. § 38.2-3436

Enacted as, “An act to amend and reenact §§ 38.2–3431, 38.2–3433, 38.2–4214, 38.2–4216.1, 38.2–4217, 38.2–4229.1, 38.2–4306, 38.2–4319, and 58.1–2501 of the Code of Virginia; to amend the Code of Virginia by adding in Chapter 34 of Title 38.2 an article numbered 4.1, consisting of sections numbered 38.2–3430.1 through 38.2–3430.10; by adding sections numbered 38.2–3432.1, 38.2–3432.2, and 38.2–3432.3; by adding in Article 5 of Chapter 34 of Title 38.2 sections numbered 38.2–3434 through 38.2–3437; and by adding in Chapter 43 of Title 38.2 sections numbered 38.2–4322 and 38.2–4323; and to repeal § 38.2–3432 of the Code of Virginia, relating to health insurance, implementing the provisions of P.L. 104–191, the Health Insurance Portability and Accountability Act,” April 2, 1997, S.B. 1112; most recently amended April 3, 2013, H.B. 1900, codified at VA. CODE ANN. § 38.2-3436

Prohibits an insurance carrier from establishing rules for eligibility based on health status related factors; further prohibits carriers from requiring an individual to pay a greater premium based on health status related factors

6. TITLE: “Definitions,” VA. CODE ANN. § 38.2-3438

Enacted as “An Act to amend and reenact §§ 38.2–508.5, 38.2–3406.1, 38.2–3406.2, 38.2–3407.11, 38.2–3411.1, 38.2–3418.5, 38.2–3432.3, 38.2–3500, 38.2–3525, 38.2–4214, 38.2–4216.1, 38.2–4312.3, and 38.2–4319 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 34 of Title 38.2 an article numbered 6, consisting of sections numbered 38.2–3438 through 38.2–3446, relating to health insurance plans; market reforms,” April 29, 2011, H.B. 1958; amended to include language regarding genetic information and health status related factors April 3, 2013, H.B. 1900; most recently amended May 23, 2014, H.B. 1005, codified at VA. CODE ANN. § 38.2-3438

Defines genetic information, genetic test, and health status related factors for this article of this title only

7. TITLE: “Prohibiting discrimination based on health status,” VA. CODE ANN. § 38.2-3449

Enacted as “An Act to amend and reenact §§ 38.2–508.1, 38.2–3406.1, 38.2–3407.12, 38.2–3412.1, 38.2–3412.1:01, 38.2–3417, 38.2–3418.8, 38.2–3430.3, 38.2–3431, 38.2–3432.1, 38.2–3432.2, 38.2–3436, 38.2–3438, 38.2–3439, 38.2–3440, 38.2–3442, 38.2–3444, 38.2–3501, 38.2–3503, 38.2–3520, 38.2–3521.1, 38.2–3522.1, 38.2–3523.4, 38.2–3540.2, 38.2–3551, 38.2–4109, 38.2–4214, 38.2–4306, and 38.2–4319 of the Code of Virginia; to amend the Code of Virginia by adding in Article 6 of Chapter 34 of Title 38.2 sections numbered 38.2–3447 through 38.2–3454; and to repeal § 38.2–3433 of the Code of Virginia, the third enactment of Chapter 788 of the Acts of Assembly of 2011, and the second enactment of Chapter 882 of the Acts of Assembly of 2011, relating to health insurance reform,” April 3, 2013, H.B. 1900, codified at VA. CODE ANN. § 38.2-3449

Prohibits carriers from establishing rules of eligibility based on any health status related factor; prohibits carriers from charging individuals a higher premium based on any health status related factor

8. TITLE: “Genetic information and testing,” VA. CODE ANN. § 38.2-3450

Enacted as “An act to amend and reenact §§ 38.2–508.1, 38.2–3406.1, 38.2–3407.12, 38.2–3412.1, 38.2–3412.1:01, 38.2–3417, 38.2–3418.8, 38.2–3430.3, 38.2–3431, 38.2–3432.1, 38.2–3432.2, 38.2–3436, 38.2–3438, 38.2–3439, 38.2–3440, 38.2–3442, 38.2–3444, 38.2–3501, 38.2–3503, 38.2–3520, 38.2–3521.1, 38.2–3522.1, 38.2–3523.4, 38.2–3540.2, 38.2–3551, 38.2–4109, 38.2–4214, 38.2–4306, and 38.2–4319 of the Code of Virginia; to amend the Code of Virginia by adding in Article 6 of Chapter 34 of Title 38.2 sections numbered 38.2–3447 through 38.2–3454; and to repeal § 38.2–3433 of the Code of Virginia, the third enactment of Chapter 788 of the Acts of Assembly of 2011, and the second enactment of Chapter 882 of the Acts of Assembly of 2011, relating to health insurance reform,” April 13, 2013, H.B. 1900, codified at VA. CODE ANN. § 38.2-3450

Prohibits a health carrier offering individual and group health coverage from engaging in the following: adjusting premium rates based on genetic information; undergo genetic testing or require or purchase genetic information; allows genetic information to be obtained in certain circumstances

9. TITLE: “Definitions,” VA. CODE ANN. § 38.2-3551

Enacted as “An act to amend and reenact §§ 38.2–4214, 38.2–4319, and 38.2–4509 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 35 of Title 38.2 an article numbered 5, consisting of sections numbered 38.2–3551 through 38.2–3555, relating to small employer health insurance pooling,” March 31, 2006, H.B. 761; most recently amended Jan. 26, 2016.

Defines health status related factor to include genetic information for this article of this title only

10. TITLE: “Membership in a small employer health group cooperative,” VA. CODE ANN. 38.2-3553

Enacted as “An act to amend and reenact §§ 38.2–4214, 38.2–4319, and 38.2–4509 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 35 of Title 38.2 an article numbered 5, consisting of sections numbered 38.2–3551 through 38.2–3555, relating to small employer health insurance pooling,” March 31, 2006, H.B. 761, codified at VA. CODE ANN. 38.2-3553

Prohibits a small employer health group cooperative from conditioning membership or benefits eligibility on any health status related factor

11. TITLE: “Provisions relating to health insurance issuers,” VA. CODE ANN. § 38.2-3554

Enacted as “An act to amend and reenact §§ 38.2–4214, 38.2–4319, and 38.2–4509 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 35 of Title 38.2 an article numbered 5, consisting of sections numbered 38.2–3551 through 38.2–3555, relating to small employer health insurance pooling,” March 31, 2006, H.B. 761, codified at VA. CODE ANN. 38.2-3555

Prohibits an issuer from excluding an otherwise eligible employee or her dependents based on any health status related factors

1. TITLE: “Genetic testing or genetic characteristics as a condition of employment,” VA. CODE ANN. § 40.1-28.7:1

Enacted as “An act to amend the Code of Virginia by adding in Article 1 of Chapter 3 of Title 40.1 a section numbered 40.1–28.7:1, relating to employment; discrimination on the basis of genetic testing or genetic characteristics,” April 6, 2002, S.B. 102, codified at VA. CODE ANN. § 40.1-28.7:1

Prohibits employers from discriminating against employees or potential employees based on genetic information; creates a private right of action for an employee whose rights have been violated under this provision

1. TITLE 18, CHAPTER 27, VT. STAT. ANN., “GENETIC TESTING”

Enacted as “An act relating to a state DNA data bank and to genetic testing,” April 29, 1998, H. 89, codified at VT. STAT. ANN. tit. 18, §§ 9331 et seq.

“Definitions,” VT. STAT. ANN. tit. 18 § 9331

AMENDMENTS: Amended April 12, 2012, H. 512, codified at VT. STAT. ANN. tit. 18 § 9331

DESCRIPTION: Provides definitions for chapter including “DNA,” “genetic information,” and “genetic testing”

“Genetic testing; limitations,” VT. STAT. ANN. tit. § 9332

AMENDMENTS: None

DESCRIPTION: Provides situations in which a person may be required to undergo genetic testing, including establishing parenthood, newborn screening, criminal investigation, remains identification, for purposes of the state DNA bank; provides that any results of genetic testing or the fact that an individual has undergone genetic testing shall be disclosed only pursuant to written authorization from the individual

“Genetic testing; employment; membership in a labor organization; professional licensure,” VT. STAT. ANN. tit. § 9333

AMENDMENTS: None

DESCRIPTION: Prohibits an individual from engaging in the following acts when hiring, promoting, or retaining individuals, determining membership status in a labor organization, or in connection with professional licensure, certification, or registration: considering the fact that an individual has requested genetic testing services or has undergone genetic testing; using genetic test results or genetic information of an individual or her family member; requiring genetic testing

“Genetic testing as a condition of insurance coverage,” VT. STAT. ANN. tit. § 9334

AMENDMENT: None

DESCRIPTION: Prohibits insurance underwriters from conditioning insurance on the basis of requiring an individual undergo genetic testing or the results of genetic testing; violating this provision is an unfair method of competition or unfair or deceptive act or practice in the business of insurance; provides penalties

“Remedies,” VT. STAT. ANN. tit. § 9335

AMENDMENTS: None

DESCRIPTION: Provides penalties and remedies for violation of this chapter, including imprisonment of not more than one year

1. TITLE 18, CHAPTER 27, VT. STAT. ANN., “GENETIC TESTING”

Enacted as “An act relating to a state DNA data bank and to genetic testing,” April 29, 1998, H. 89, codified at VT. STAT. ANN. tit. 18, §§ 9331 et seq.

“Definitions,” VT. STAT. ANN. tit. 18 § 9331

AMENDMENTS: Amended April 12, 2012, H. 512, codified at VT. STAT. ANN. tit. 18 § 9331

DESCRIPTION: Provides definitions for chapter including “DNA,” “genetic information,” and “genetic testing”

“Genetic testing; limitations,” VT. STAT. ANN. tit. § 9332

AMENDMENTS: None

DESCRIPTION: Provides situations in which a person may be required to undergo genetic testing, including establishing parenthood, newborn screening, criminal investigation, remains identification, for purposes of the state DNA bank; provides that any results of genetic testing or the fact that an individual has undergone genetic testing shall be disclosed only pursuant to written authorization from the individual

“Genetic testing; employment; membership in a labor organization; professional licensure,” VT. STAT. ANN. tit. § 9333

AMENDMENTS: None

DESCRIPTION: Prohibits an individual from engaging in the following acts when hiring, promoting, or retaining individuals, determining membership status in a labor organization, or in connection with professional licensure, certification, or registration: considering the fact that an individual has requested genetic testing services or has undergone genetic testing; using genetic test results or genetic information of an individual or her family member; requiring genetic testing

“Genetic testing as a condition of insurance coverage,” VT. STAT. ANN. tit. § 9334

AMENDMENT: None

DESCRIPTION: Prohibits insurance underwriters from conditioning insurance on the basis of requiring an individual undergo genetic testing or the results of genetic testing; violating this provision is an unfair method of competition or unfair or deceptive act or practice in the business of insurance; provides penalties

“Remedies,” VT. STAT. ANN. tit. § 9335

AMENDMENTS: None

DESCRIPTION: Provides penalties and remedies for violation of this chapter, including imprisonment of not more than one year

2. TITLE: “Unfair methods of competition or unfair or deceptive acts or practices defined,” VT. STAT. ANN. tit. 8 § 4724

Amended to include language about genetic information by “An act relating to a state DNA data bank and to genetic testing,” April 29, 1998, H. 89, codified at VT. STAT. ANN. tit. 8, § 4724

Provides that unfair discrimination against an individual based on the results of genetic testing is unfair discrimination and an arbitrary underwriting action; provides that conditioning insurance rates or eligibility based on the results of a genetic test, an individual’s refusal to undergo a genetic test, or requiring an individual to undergo a genetic test is an unfair method of competition or an unfair or deceptive act or practice in the business of insurance

1. TITLE: “Rules for eligibility—factors not to be considered,” WASH. REV. CODE § 48.43.0001

Enacted as “An act relating to making state law consistent with selected federal consumer protections in the patient protection and affordable care act; amending RCW 48.43.005, 48.43.012, 48.21.270, 48.44.380, 48.46.460, 48.43.715, and 48.43.0122; adding new sections to chapter 48.43 RCW; adding a new section to chapter 43.71 RCW; repealing RCW 48.43.015, 48.43.017, 48.43.018, and 48.43.025; prescribing penalties; and declaring an emergency,” April 17, 2019, S.H.B. 1870, codified at WASH. REV. CODE § 48.43.0001

Prohibits a health plan or carrier from establishing rules for eligibility based on any health status related factor, including genetic information

1. TITLE: “Genetic Screening,” WASH. REV. CODE § 49.44.180

Enacted as “An act relating to genetic testing as a condition of employment; and adding a new section to chapter 49.44 RCW,” March 11, 2004, S.B. 6180, codified at WASH. REV. CODE § 49.44.180

Prohibits any person, firm, corporation, and the state of Washington and its subdivisions from require that any employee or prospective employee submit genetic information or submit to genetic screening as a condition of employment; defines genetic information

1. TITLE: “Restrictions on use of genetic test results,” WIS. STAT. § 631.89

Enacted as “An act to repeal 13.94(1) . . . ,”April 29, 1992, S.B. 483; most recently amended June 29, 2009, A.B. 75, codified at WIS. STAT. § 631.89

Defines genetic test;

Prohibits an insurer, the state with respect to a self-insured health plan, or a county, city, village or school board that provides health care services for individuals on a self-insured basis from doing the following: requiring or requesting any individual or a member of her family to obtain a genetic test; requiring an individual or her family member to disclose whether they’ve undergone genetic testing; condition the provision of insurance based on whether the individual or her family members have undergone genetic testing or the results of such testing

2. TITLE: “Preexisting condition; portability; restrictions; and special enrollment periods,” WIS. STAT. § 632.746

Enacted as “An act relating to state finances . . . ,” Oct. 11, 1997, A.B. 100; most recently amended May 15, 2009, A.B. 255, codified at WIS. STAT. § 632.746

Prohibits an insurer offering a group health benefit plan from treating genetic information as a preexisting condition

3. TITLE: “Prohibiting discrimination,” WIS. STAT. § 632.748

Enacted as “An act relating to state finances . . . ,” Oct. 11, 1997, A.B. 100, codified at WIS. STAT. § 632.748

Prohibits insurers from discriminating against applicants based on various factors, including genetic information

1. TITLE: “Use of genetic testing in employment situations,” WIS. STAT. § 111.372

Enacted as “An act to amend 111.375 . . . and to create 111.372 . . . relating to prohibiting genetic testing by employers, labor organizations, employment agencies and licensing agencies and providing penalties,” March 5, 1992, A.B. 515, codified at WIS. STAT. § 111.372

Prohibits an employer, labor organization, and licensing agency from engaging in the following acts: soliciting, requiring, or administering a genetic test to an employee or a prospective employee as a condition of employment, membership, or licensure; affect the terms, conditions, or privileges of employment, membership, or licensure of any person who obtains a genetic test

2. TITLE: “Powers and duties of department,” WIS. STAT. § 111.39

Amended by “An act to amend 111.39(4) . . . relating to . . . unfair genetic testing” to include information regarding genetic discrimination, April 8, 2009, S.B. 20; most recently amended March 11, 2015, S.B. 44, codified at WIS. STAT. § 111.39

Gives department power to receive and investigate a complaint charging unfair genetic testing; provides procedure for remedying such a practice and complaint

3. TITLE: “Use of genetic tests,” WIS. STAT. § 942.07

Enacted as “An act to amend 111.375 . . . and to create 111.372 . . . relating to prohibiting genetic testing by employers, labor organizations, employment agencies and licensing agencies and providing penalties,” March 5, 1992, A.B. 515, codified at WIS. STAT. § 942.07

Prohibits an employer, labor organization, employment or licensing agency from requiring or administering a genetic test without the prior written and informed consent of the individual; further prohibits any person from disclosing to any of the aforementioned entities/individuals whether an individual has taken a genetic test or the results of such a test

1. TITLE: “Definitions,” W. VA. CODE § 33-15-2a

Enacted as “An act to repeal section fifteen, article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended . . . ,” May 7, 1997, H.B. 2667, codified at W. VA. CODE § 33-15-2a

Defines health status related factor to include genetic information for certain sections of article 15

2. TITLE: “Guaranteed issue; limitation of coverage; election; denial of coverage; network plans,” W. VA. CODE § 33-15-2b

Enacted as “An act to repeal section fifteen, article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended . . . ,” May 7, 1997, H.B. 2667, codified at W. VA. CODE § 33-15-2b

allows an insurer to deny sickness and accident coverage in the individual market under certain circumstances so long as the decision is applied uniformly without regard for any individual’s health status related factor

3. TITLE: “Exceptions to guaranteed renewability,” W. VA. CODE § 33-15-2d

Enacted as “An act to repeal section fifteen, article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended . . . ,” May 7, 1997, H.B. 2667, codified at W. VA. CODE § 33-15-2d

Allows an insurer to non-renew coverage in the individual market under certain circumstances so long as the decision is applied uniformly without regard for any individual’s health status related factor

4. TITLE: “Discontinuation of particular type of coverage; uniform termination of all coverage; uniform modifications of coverage,” W. VA. CODE § 33-15-2e

Enacted as “An act to repeal section fifteen, article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended . . . ,” May 7, 1997, H.B. 2667, codified at W. VA. CODE § 33-15-2e

Allows an insurer to discontinue coverage in the individual market under certain circumstances so long as the decision is applied uniformly without regard for any individual’s health status related factor

5. TITLE: “Definitions,” W. VA. CODE § 33-16-1a

Enacted as “An act to repeal section fifteen, article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended . . . ,” May 7, 1997, H.B. 2667; amended April 4, 2007, H.B. 2940, codified at W. VA. CODE § 33-16-1a

Defines health status related factor to include genetic information for this article

6. TITLE: “Renewability and modification of health plans,” W. VA. CODE § 33-16-3l

Enacted as “An act to repeal section fifteen, article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended . . . ,” May 7, 1997, H.B. 2667, codified at W. VA. CODE § 33-16-3l

Allows a health insurer to refuse to renew a health benefit plan in connection with a group health plan under certain circumstances so long as the decision is applied uniformly without regard for any individual’s health status related factor

7. TITLE: “Limitations on preexisting condition exclusions for health benefit plans,” W. VA. CODE § 33-16-3k

Enacted as “An act to repeal section fifteen, article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended . . . ,” May 7, 1997, H.B. 2667, codified at W. VA. CODE § 33-16-3k

Allows an HMO that doesn’t impose any preexisting condition exclusion to impose an affiliation period so long as the period is uniformly applied without any regard for an individual’s health status related factor

8. TITLE: “Eligibility for enrollment,” W. VA. CODE § 33-16-3n

Enacted as “An act to repeal section fifteen, article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended . . . ,” May 7, 1997, H.B. 2667, codified at W. VA. CODE § 33-16-3n

Prohibits an insurer offering health benefits under a group plan from establishing rules for eligibility based on health status related factors

9. TITLE: “Definitions,” W. VA. CODE § 33-16D-2

Amended by “An act to repeal section fifteen, article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended . . . ,” May 7, 1997, H.B. 2667, codified at W. VA. CODE § 33-16D-2

Defines health status related factor to include genetic information for this article by reference to §33-16-2a (see above)

10. TITLE: “Discrimination prohibited; guaranteed issue; filing with commissioner; violations and penalties,” W. VA. CODE § 33-16D-4

Amended by “An act to repeal section fifteen, article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended . . . ,” May 7, 1997, H.B. 2667, codified at W. VA. CODE § 33-16D-4

Exempts, under certain circumstances, insurers from the automatic enrollment rule so long as the denial is applied uniformly and without regard for any employee’s health status related factor

11. TITLE: “Renewability of coverage; exceptions,” W. VA. CODE § 33-16D-7

Amended by “An act to repeal section fifteen, article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended . . . ,” May 7, 1997, H.B. 2667, codified at W. VA. CODE § 33-16D-7

Allows a carrier to elect to discontinue offering health benefit plans under certain circumstances so long as the decision is applied uniformly and without regard for any employee’s health status related factor

12. TITLE: “Equality of terms; preexisting conditions; continuous coverage restrictions; eligibility for enrollment,” W. VA. CODE § 33-16D-12

Amended by “An act to repeal section fifteen, article fifteen, chapter thirty-three of the code of West Virginia, one thousand nine hundred thirty-one, as amended . . . ,” May 7, 1997, H.B. 2667, codified at W. VA. CODE § 33-16D-7

Prohibits a carrier from conditioning eligibility based on any health status related factor

1. TITLE: “Group disability and blanket insurance standard provisions; exceptions,” WYO. STAT. ANN. § 26-19-107

Amended by “An act relating to insurance; conforming various long-term care, group, blanket and individual health insurance provisions to requirements of federal legislation” to include language about genetic information Feb. 23, 1997, effective July 1, 1997, S.F. 144; most recently amended March 24, 2006, S.F. 90, codified at WYO. STAT. ANN. § 26-19-107

Prohibits group disability and blanket disability insurance policies from treating genetic information as a preexisting condition; further prohibits such policies from conditioning eligibility on genetic information; further prohibits these policies from using genetic information to deny eligibility, adjust premium or contribution rates, or requesting or requiring predictive genetic testing information about and individual or her family member

2. TITLE: “Availability of coverage,” WYO. STAT. ANN. § 26-19-306

Enacted as “An act to create W.S. 26–19–301 through 26–19–310 relating to insurance; providing definitions; providing for the development of health insurance plans to be offered to small employers; providing for a reinsurance program; defining scope; restricting premium rates on small employer plans as specified; requiring renewability of small employer plans as specified; requiring small employer carriers to provide coverage to small employers as specified; providing for assessments of small employer carriers to fund program; creating a board to implement the act; creating a health benefit plan committee to develop plans; requiring a market evaluation; and providing for an effective date,” March 16, 1992, S.F. 22; amended to include language about genetic information Feb. 23, 1997, effective July 1, 1997, S.F. 144; most recently amended Feb. 25, 2015, effective July 1, 2015, S.F. 32, codified at WYO. STAT. ANN. § 26-19-306

Prohibits insurers covering small employers from treating genetic information as a preexisting condition; further prohibits these insurers from establishing rules for eligibility and adjusting premium or contribution rates based on genetic information

1. TITLE: “Group disability and blanket insurance standard provisions; exceptions,” WYO. STAT. ANN. § 26-19-107

Amended by “An act relating to insurance; conforming various long-term care, group, blanket and individual health insurance provisions to requirements of federal legislation” to include language about genetic information Feb. 23, 1997, effective July 1, 1997, S.F. 144; most recently amended March 24, 2006, S.F. 90, codified at WYO. STAT. ANN. § 26-19-107

Prohibits group disability and blanket disability insurance policies from treating genetic information as a preexisting condition; further prohibits such policies from conditioning eligibility on genetic information; further prohibits these policies from using genetic information to deny eligibility, adjust premium or contribution rates, or requesting or requiring predictive genetic testing information about and individual or her family member

2. TITLE: “Availability of coverage,” WYO. STAT. ANN. § 26-19-306

Enacted as “An act to create W.S. 26–19–301 through 26–19–310 relating to insurance; providing definitions; providing for the development of health insurance plans to be offered to small employers; providing for a reinsurance program; defining scope; restricting premium rates on small employer plans as specified; requiring renewability of small employer plans as specified; requiring small employer carriers to provide coverage to small employers as specified; providing for assessments of small employer carriers to fund program; creating a board to implement the act; creating a health benefit plan committee to develop plans; requiring a market evaluation; and providing for an effective date,” March 16, 1992, S.F. 22; amended to include language about genetic information Feb. 23, 1997, effective July 1, 1997, S.F. 144; most recently amended Feb. 25, 2015, effective July 1, 2015, S.F. 32, codified at WYO. STAT. ANN. § 26-19-306

Prohibits insurers covering small employers from treating genetic information as a preexisting condition; further prohibits these insurers from establishing rules for eligibility and adjusting premium or contribution rates based on genetic information