Alabama Code §27-5-13

http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/27-5-13.htmhttps://flsenate.gov/Laws/Statutes/2021/627.4301

Section 27-5-13

Denial of health or disability insurance coverage upon diagnosis of sickle-cell anemia prohibited.

Notwithstanding any other provision of law, any insurance company doing business within the state which offers health or disability insurance, is hereby prohibited from denying coverage to applicants because the applicant has been diagnosed as having sickle-cell anemia, and is hereby required to pay any valid claim made involving treatment or care of sickle-cell anemia in accordance with other policy provisions.

(Acts 1982, No. 82-542, p. 893, §1.)

Alabama Code §27-5-13

http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/27-5-13.htmhttps://flsenate.gov/Laws/Statutes/2021/627.4301

Section 27-5-13

Denial of health or disability insurance coverage upon diagnosis of sickle-cell anemia prohibited.

Notwithstanding any other provision of law, any insurance company doing business within the state which offers health or disability insurance, is hereby prohibited from denying coverage to applicants because the applicant has been diagnosed as having sickle-cell anemia, and is hereby required to pay any valid claim made involving treatment or care of sickle-cell anemia in accordance with other policy provisions.

(Acts 1982, No. 82-542, p. 893, §1.)

Alabama Code §27-5-13

http://alisondb.legislature.state.al.us/alison/codeofalabama/1975/27-5-13.htmhttps://flsenate.gov/Laws/Statutes/2021/627.4301

Section 27-5-13

Denial of health or disability insurance coverage upon diagnosis of sickle-cell anemia prohibited.

Notwithstanding any other provision of law, any insurance company doing business within the state which offers health or disability insurance, is hereby prohibited from denying coverage to applicants because the applicant has been diagnosed as having sickle-cell anemia, and is hereby required to pay any valid claim made involving treatment or care of sickle-cell anemia in accordance with other policy provisions.

(Acts 1982, No. 82-542, p. 893, §1.)

Arizona Revised Statutes, Title 20, Insurance § 20-448

https://www.azleg.gov/ars/20/00448.htm

20-448. Unfair discrimination; definitions

A. A person shall not make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable or in any other of the terms and conditions of the contract.

B. A person shall not make or permit any unfair discrimination respecting hemophiliacs or between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees or rates charged for any policy or contract of disability insurance or in the benefits payable or in any of the terms or conditions of the contract, or in any other manner whatever. The provisions of this subsection regarding hemophiliacs do not apply to any policy or subscription contract that provides only benefits for specific diseases or for accidental injuries or that provides only indemnity for blood transfusion services or replacement of whole blood products, fractions or derivatives.

C. As to kinds of insurance other than life and disability, a person shall not make or permit any unfair discrimination in favor of particular persons or between insureds or subjects of insurance having substantially like insuring, risk and exposure factors, or expense elements, in the terms or conditions of any insurance contract, or in the rate or amount of premium charged. 

D. An insurer shall not refuse to consider an application for life or disability insurance on the basis of a genetic condition, developmental delay or developmental disability.

E. The rejection of an application or the determining of rates, terms or conditions of a life or disability insurance contract on the basis of a genetic condition, developmental delay or developmental disability constitutes unfair discrimination, unless the applicant's medical condition and history and either claims experience or actuarial projections establish that substantial differences in claims are likely to result from the genetic condition, developmental delay or developmental disability.

F. In addition to the provisions in subsection E of this section, the rejection of an application or the determination of rates, terms or conditions of a disability insurance contract on the basis of a genetic condition constitutes unfair discrimination in the absence of a diagnosis of the condition related to information obtained as a result of a genetic test.

G. An insurer that offers life, disability or long-term care insurance contracts may not unfairly discriminate against a living organ donor in the offering, issuance, price or conditions of an insurance policy based solely, and without additional actuarial risks, on that person's status as a living organ donor.  

H. An insurer that offers life, disability, property or liability insurance contracts shall not deny a claim incurred or deny, refuse, refuse to renew, restrict, cancel, exclude or limit coverage or charge a different rate for the same coverage solely on the basis that the insured or proposed insured is or has been a victim of domestic violence or is an entity or individual that provides counseling, shelter, protection or other services to victims of domestic violence. If an insurer that offers life, disability, property or liability insurance contracts denies a claim incurred or denies, refuses, refuses to renew, restricts, cancels, excludes or limits coverage or charges a different rate for the same coverage on the basis of a mental or physical condition and the insured or the proposed insured is or has been a victim of domestic violence, the insurer shall submit a written explanation to the insured or proposed insured of the reasons for the insurer's actions, in accordance with section 20-2110. The fact that an insured or proposed insured is or has been the victim of domestic violence is not a mental or physical condition. This subsection is not intended to provide any private right or cause of action to or on behalf of any applicant or insured. It is the specific intent of this subsection to provide solely an administrative remedy to the director for any violation of this section. This subsection does not prevent an insurer from refusing to issue a life insurance policy insuring a person who has been the victim of domestic violence if either of the following is true:

1. The family or household member who commits the act of domestic violence is the applicant for or prospective owner of the policy or would be the beneficiary of the policy and any of the following is true:

(a) The applicant or prospective beneficiary of the policy is known, on the basis of police or court records, to have committed an act of domestic violence.

(b) The insurer has knowledge of an arrest or conviction for a domestic violence related offense by the family or household member.

(c) The insurance company has other reasonable grounds to believe, and those grounds are corroborated, that the applicant or proposed beneficiary of a policy is a family or household member committing acts of domestic violence.

2. The applicant or prospective owner of the policy lacks an insurable interest in the insured.

I. Subsection H of this section does not prevent an insurer that:

1. Offers life or disability insurance contracts from underwriting coverage on the basis of an insured's or proposed insured's mental or physical condition if the underwriting:

(a) Does not consider whether or not the mental or physical condition was caused by an act of domestic violence.

(b) Is the same for an insured or proposed insured who is not the victim of domestic violence as it is for an insured or proposed insured who is the victim of domestic violence.

(c) Does not violate any other rule or law.

2. Offers property or liability insurance contracts from underwriting coverage on the basis of the insured's claims history or characteristics of the insured's property and using rating criteria consistent with section 20-384.

J. Any determination made pursuant to section 20-2537 by the external independent review organization shall not be considered in connection with the evaluation of whether any person subject to this article has complied with this section.

K. A property or liability insurer may exclude coverage for losses caused by an insured's intentional or fraudulent act.  The exclusion shall not deny an insured's otherwise covered property loss if the property loss is caused by an act of domestic violence by another insured under the policy and the insured who claims the property loss cooperates in any investigation relating to the loss and did not cooperate in or contribute to the creation of the property loss.  The insurer may apply reasonable standards of proof for claims filed under this subsection.  The insurer may limit the payment to the insured's insurable interest in the property minus any payment made to any mortgagee or other party with a secured interest in the property. This subsection does not require an insurer to pay any amount that is more than the amount of the loss or property coverage limits. An insurer who pays a claim under this subsection has the right of subrogation against any person except the victim of the domestic violence.

L. All insurers shall adopt and adhere to written policies that are consistent with chapter 11 of this title and that specify the procedures to be followed by employees, contractors, producers, agents and brokers to ensure the privacy of and to help protect the safety of a victim of domestic violence when taking an application, investigating a claim, pursuing subrogation or taking any other action relating to a policy or claim involving a victim of domestic violence.  Insurers shall distribute the written policies to employees, contractors, producers, agents and brokers who have access to personal or privileged information regarding domestic violence.

M. For the purposes of this section:

1. "Developmental delay" means a delay of at least one and one-half standard deviations from the norm.

2. "Developmental disability" has the same meaning prescribed in section 36-551.

3. "Domestic violence" means any act that is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923 or 13-3623, if any of the following applies:

(a) The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.

(b) The victim and the defendant have a child in common.

(c) The victim or the defendant is pregnant by the other party.

(d) The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister, or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.

(e) The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or has resided in the same household as the defendant.

4. "Gene products" means gene fragments, nucleic acids or proteins derived from deoxyribonucleic acids that would be a reflection of or indicate DNA sequence information.

5. "Genetic condition" means a specific chromosomal or single-gene genetic condition.

6. "Genetic test" means an analysis of an individual's DNA, gene products or chromosomes that indicates a propensity for or susceptibility to illness, disease, impairment or other disorders, whether physical or mental, or that demonstrates genetic or chromosomal damage due to environmental factors, or carrier status for a disease or disorder.

7. "Living organ donor" means a living person who donates an organ to another living person.

Arizona Revised Statutes, Title 20, Insurance § 20-448.02

https://www.azleg.gov/ars/20/00448-02.htm

20-448.02. Genetic testing; informed consent; definitions

A. Except as otherwise specifically authorized or required by this state or by federal law, a person shall not order or require the performance of a genetic test without first receiving the specific written informed consent of the subject of the test who has the capacity to consent or, if the person subject to the test lacks the capacity to consent, of a person authorized pursuant to law to consent for that person.  Written consent shall be in a form prescribed by the director. Except as authorized in section 12-2802, the results of a genetic test performed are privileged and confidential and may not be released to any party without the express consent of the subject of the test or the person authorized pursuant to law to consent for that person.

B. For the purposes of this section:

1. "Gene products" means gene fragments, nucleic acids or proteins derived from deoxyribonucleic acids that would be a reflection of or indicate DNA sequence information.

2. "Genetic test" means an analysis of an individual's DNA, gene products or chromosomes that indicates a propensity for or susceptibility to illness, disease, impairment or other disorders, whether physical or mental, or that demonstrates genetic or chromosomal damage due to environmental factors, or carrier status for a disease or disorder.

Arizona Revised Statutes, Title 20, Insurance § 20-448

https://www.azleg.gov/ars/20/00448.htm

20-448. Unfair discrimination; definitions

A. A person shall not make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable or in any other of the terms and conditions of the contract.

B. A person shall not make or permit any unfair discrimination respecting hemophiliacs or between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees or rates charged for any policy or contract of disability insurance or in the benefits payable or in any of the terms or conditions of the contract, or in any other manner whatever. The provisions of this subsection regarding hemophiliacs do not apply to any policy or subscription contract that provides only benefits for specific diseases or for accidental injuries or that provides only indemnity for blood transfusion services or replacement of whole blood products, fractions or derivatives.

C. As to kinds of insurance other than life and disability, a person shall not make or permit any unfair discrimination in favor of particular persons or between insureds or subjects of insurance having substantially like insuring, risk and exposure factors, or expense elements, in the terms or conditions of any insurance contract, or in the rate or amount of premium charged. 

D. An insurer shall not refuse to consider an application for life or disability insurance on the basis of a genetic condition, developmental delay or developmental disability.

E. The rejection of an application or the determining of rates, terms or conditions of a life or disability insurance contract on the basis of a genetic condition, developmental delay or developmental disability constitutes unfair discrimination, unless the applicant's medical condition and history and either claims experience or actuarial projections establish that substantial differences in claims are likely to result from the genetic condition, developmental delay or developmental disability.

F. In addition to the provisions in subsection E of this section, the rejection of an application or the determination of rates, terms or conditions of a disability insurance contract on the basis of a genetic condition constitutes unfair discrimination in the absence of a diagnosis of the condition related to information obtained as a result of a genetic test.

G. An insurer that offers life, disability or long-term care insurance contracts may not unfairly discriminate against a living organ donor in the offering, issuance, price or conditions of an insurance policy based solely, and without additional actuarial risks, on that person's status as a living organ donor.  

H. An insurer that offers life, disability, property or liability insurance contracts shall not deny a claim incurred or deny, refuse, refuse to renew, restrict, cancel, exclude or limit coverage or charge a different rate for the same coverage solely on the basis that the insured or proposed insured is or has been a victim of domestic violence or is an entity or individual that provides counseling, shelter, protection or other services to victims of domestic violence. If an insurer that offers life, disability, property or liability insurance contracts denies a claim incurred or denies, refuses, refuses to renew, restricts, cancels, excludes or limits coverage or charges a different rate for the same coverage on the basis of a mental or physical condition and the insured or the proposed insured is or has been a victim of domestic violence, the insurer shall submit a written explanation to the insured or proposed insured of the reasons for the insurer's actions, in accordance with section 20-2110. The fact that an insured or proposed insured is or has been the victim of domestic violence is not a mental or physical condition. This subsection is not intended to provide any private right or cause of action to or on behalf of any applicant or insured. It is the specific intent of this subsection to provide solely an administrative remedy to the director for any violation of this section. This subsection does not prevent an insurer from refusing to issue a life insurance policy insuring a person who has been the victim of domestic violence if either of the following is true:

1. The family or household member who commits the act of domestic violence is the applicant for or prospective owner of the policy or would be the beneficiary of the policy and any of the following is true:

(a) The applicant or prospective beneficiary of the policy is known, on the basis of police or court records, to have committed an act of domestic violence.

(b) The insurer has knowledge of an arrest or conviction for a domestic violence related offense by the family or household member.

(c) The insurance company has other reasonable grounds to believe, and those grounds are corroborated, that the applicant or proposed beneficiary of a policy is a family or household member committing acts of domestic violence.

2. The applicant or prospective owner of the policy lacks an insurable interest in the insured.

I. Subsection H of this section does not prevent an insurer that:

1. Offers life or disability insurance contracts from underwriting coverage on the basis of an insured's or proposed insured's mental or physical condition if the underwriting:

(a) Does not consider whether or not the mental or physical condition was caused by an act of domestic violence.

(b) Is the same for an insured or proposed insured who is not the victim of domestic violence as it is for an insured or proposed insured who is the victim of domestic violence.

(c) Does not violate any other rule or law.

2. Offers property or liability insurance contracts from underwriting coverage on the basis of the insured's claims history or characteristics of the insured's property and using rating criteria consistent with section 20-384.

J. Any determination made pursuant to section 20-2537 by the external independent review organization shall not be considered in connection with the evaluation of whether any person subject to this article has complied with this section.

K. A property or liability insurer may exclude coverage for losses caused by an insured's intentional or fraudulent act.  The exclusion shall not deny an insured's otherwise covered property loss if the property loss is caused by an act of domestic violence by another insured under the policy and the insured who claims the property loss cooperates in any investigation relating to the loss and did not cooperate in or contribute to the creation of the property loss.  The insurer may apply reasonable standards of proof for claims filed under this subsection.  The insurer may limit the payment to the insured's insurable interest in the property minus any payment made to any mortgagee or other party with a secured interest in the property. This subsection does not require an insurer to pay any amount that is more than the amount of the loss or property coverage limits. An insurer who pays a claim under this subsection has the right of subrogation against any person except the victim of the domestic violence.

L. All insurers shall adopt and adhere to written policies that are consistent with chapter 11 of this title and that specify the procedures to be followed by employees, contractors, producers, agents and brokers to ensure the privacy of and to help protect the safety of a victim of domestic violence when taking an application, investigating a claim, pursuing subrogation or taking any other action relating to a policy or claim involving a victim of domestic violence.  Insurers shall distribute the written policies to employees, contractors, producers, agents and brokers who have access to personal or privileged information regarding domestic violence.

M. For the purposes of this section:

1. "Developmental delay" means a delay of at least one and one-half standard deviations from the norm.

2. "Developmental disability" has the same meaning prescribed in section 36-551.

3. "Domestic violence" means any act that is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923 or 13-3623, if any of the following applies:

(a) The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.

(b) The victim and the defendant have a child in common.

(c) The victim or the defendant is pregnant by the other party.

(d) The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister, or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.

(e) The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or has resided in the same household as the defendant.

4. "Gene products" means gene fragments, nucleic acids or proteins derived from deoxyribonucleic acids that would be a reflection of or indicate DNA sequence information.

5. "Genetic condition" means a specific chromosomal or single-gene genetic condition.

6. "Genetic test" means an analysis of an individual's DNA, gene products or chromosomes that indicates a propensity for or susceptibility to illness, disease, impairment or other disorders, whether physical or mental, or that demonstrates genetic or chromosomal damage due to environmental factors, or carrier status for a disease or disorder.

7. "Living organ donor" means a living person who donates an organ to another living person.

Arizona Revised Statutes, Title 20, Insurance § 20-448

https://www.azleg.gov/ars/20/00448.htm

20-448. Unfair discrimination; definitions

A. A person shall not make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable or in any other of the terms and conditions of the contract.

B. A person shall not make or permit any unfair discrimination respecting hemophiliacs or between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees or rates charged for any policy or contract of disability insurance or in the benefits payable or in any of the terms or conditions of the contract, or in any other manner whatever. The provisions of this subsection regarding hemophiliacs do not apply to any policy or subscription contract that provides only benefits for specific diseases or for accidental injuries or that provides only indemnity for blood transfusion services or replacement of whole blood products, fractions or derivatives.

C. As to kinds of insurance other than life and disability, a person shall not make or permit any unfair discrimination in favor of particular persons or between insureds or subjects of insurance having substantially like insuring, risk and exposure factors, or expense elements, in the terms or conditions of any insurance contract, or in the rate or amount of premium charged. 

D. An insurer shall not refuse to consider an application for life or disability insurance on the basis of a genetic condition, developmental delay or developmental disability.

E. The rejection of an application or the determining of rates, terms or conditions of a life or disability insurance contract on the basis of a genetic condition, developmental delay or developmental disability constitutes unfair discrimination, unless the applicant's medical condition and history and either claims experience or actuarial projections establish that substantial differences in claims are likely to result from the genetic condition, developmental delay or developmental disability.

F. In addition to the provisions in subsection E of this section, the rejection of an application or the determination of rates, terms or conditions of a disability insurance contract on the basis of a genetic condition constitutes unfair discrimination in the absence of a diagnosis of the condition related to information obtained as a result of a genetic test.

G. An insurer that offers life, disability or long-term care insurance contracts may not unfairly discriminate against a living organ donor in the offering, issuance, price or conditions of an insurance policy based solely, and without additional actuarial risks, on that person's status as a living organ donor.  

H. An insurer that offers life, disability, property or liability insurance contracts shall not deny a claim incurred or deny, refuse, refuse to renew, restrict, cancel, exclude or limit coverage or charge a different rate for the same coverage solely on the basis that the insured or proposed insured is or has been a victim of domestic violence or is an entity or individual that provides counseling, shelter, protection or other services to victims of domestic violence. If an insurer that offers life, disability, property or liability insurance contracts denies a claim incurred or denies, refuses, refuses to renew, restricts, cancels, excludes or limits coverage or charges a different rate for the same coverage on the basis of a mental or physical condition and the insured or the proposed insured is or has been a victim of domestic violence, the insurer shall submit a written explanation to the insured or proposed insured of the reasons for the insurer's actions, in accordance with section 20-2110. The fact that an insured or proposed insured is or has been the victim of domestic violence is not a mental or physical condition. This subsection is not intended to provide any private right or cause of action to or on behalf of any applicant or insured. It is the specific intent of this subsection to provide solely an administrative remedy to the director for any violation of this section. This subsection does not prevent an insurer from refusing to issue a life insurance policy insuring a person who has been the victim of domestic violence if either of the following is true:

1. The family or household member who commits the act of domestic violence is the applicant for or prospective owner of the policy or would be the beneficiary of the policy and any of the following is true:

(a) The applicant or prospective beneficiary of the policy is known, on the basis of police or court records, to have committed an act of domestic violence.

(b) The insurer has knowledge of an arrest or conviction for a domestic violence related offense by the family or household member.

(c) The insurance company has other reasonable grounds to believe, and those grounds are corroborated, that the applicant or proposed beneficiary of a policy is a family or household member committing acts of domestic violence.

2. The applicant or prospective owner of the policy lacks an insurable interest in the insured.

I. Subsection H of this section does not prevent an insurer that:

1. Offers life or disability insurance contracts from underwriting coverage on the basis of an insured's or proposed insured's mental or physical condition if the underwriting:

(a) Does not consider whether or not the mental or physical condition was caused by an act of domestic violence.

(b) Is the same for an insured or proposed insured who is not the victim of domestic violence as it is for an insured or proposed insured who is the victim of domestic violence.

(c) Does not violate any other rule or law.

2. Offers property or liability insurance contracts from underwriting coverage on the basis of the insured's claims history or characteristics of the insured's property and using rating criteria consistent with section 20-384.

J. Any determination made pursuant to section 20-2537 by the external independent review organization shall not be considered in connection with the evaluation of whether any person subject to this article has complied with this section.

K. A property or liability insurer may exclude coverage for losses caused by an insured's intentional or fraudulent act.  The exclusion shall not deny an insured's otherwise covered property loss if the property loss is caused by an act of domestic violence by another insured under the policy and the insured who claims the property loss cooperates in any investigation relating to the loss and did not cooperate in or contribute to the creation of the property loss.  The insurer may apply reasonable standards of proof for claims filed under this subsection.  The insurer may limit the payment to the insured's insurable interest in the property minus any payment made to any mortgagee or other party with a secured interest in the property. This subsection does not require an insurer to pay any amount that is more than the amount of the loss or property coverage limits. An insurer who pays a claim under this subsection has the right of subrogation against any person except the victim of the domestic violence.

L. All insurers shall adopt and adhere to written policies that are consistent with chapter 11 of this title and that specify the procedures to be followed by employees, contractors, producers, agents and brokers to ensure the privacy of and to help protect the safety of a victim of domestic violence when taking an application, investigating a claim, pursuing subrogation or taking any other action relating to a policy or claim involving a victim of domestic violence.  Insurers shall distribute the written policies to employees, contractors, producers, agents and brokers who have access to personal or privileged information regarding domestic violence.

M. For the purposes of this section:

1. "Developmental delay" means a delay of at least one and one-half standard deviations from the norm.

2. "Developmental disability" has the same meaning prescribed in section 36-551.

3. "Domestic violence" means any act that is a dangerous crime against children as defined in section 13-705 or an offense defined in section 13-1201 through 13-1204, 13-1302 through 13-1304, 13-1502 through 13-1504 or 13-1602, section 13-2810, section 13-2904, subsection A, paragraph 1, 2, 3 or 6, section 13-2916 or section 13-2921, 13-2921.01, 13-2923 or 13-3623, if any of the following applies:

(a) The relationship between the victim and the defendant is one of marriage or former marriage or of persons residing or having resided in the same household.

(b) The victim and the defendant have a child in common.

(c) The victim or the defendant is pregnant by the other party.

(d) The victim is related to the defendant or the defendant's spouse by blood or court order as a parent, grandparent, child, grandchild, brother or sister, or by marriage as a parent-in-law, grandparent-in-law, stepparent, step-grandparent, stepchild, step-grandchild, brother-in-law or sister-in-law.

(e) The victim is a child who resides or has resided in the same household as the defendant and is related by blood to a former spouse of the defendant or to a person who resides or has resided in the same household as the defendant.

4. "Gene products" means gene fragments, nucleic acids or proteins derived from deoxyribonucleic acids that would be a reflection of or indicate DNA sequence information.

5. "Genetic condition" means a specific chromosomal or single-gene genetic condition.

6. "Genetic test" means an analysis of an individual's DNA, gene products or chromosomes that indicates a propensity for or susceptibility to illness, disease, impairment or other disorders, whether physical or mental, or that demonstrates genetic or chromosomal damage due to environmental factors, or carrier status for a disease or disorder.

7. "Living organ donor" means a living person who donates an organ to another living person.

Arizona Revised Statutes, Title 20, Insurance § 20-448.02

https://www.azleg.gov/ars/20/00448-02.htm

20-448.02. Genetic testing; informed consent; definitions

A. Except as otherwise specifically authorized or required by this state or by federal law, a person shall not order or require the performance of a genetic test without first receiving the specific written informed consent of the subject of the test who has the capacity to consent or, if the person subject to the test lacks the capacity to consent, of a person authorized pursuant to law to consent for that person.  Written consent shall be in a form prescribed by the director. Except as authorized in section 12-2802, the results of a genetic test performed are privileged and confidential and may not be released to any party without the express consent of the subject of the test or the person authorized pursuant to law to consent for that person.

B. For the purposes of this section:

1. "Gene products" means gene fragments, nucleic acids or proteins derived from deoxyribonucleic acids that would be a reflection of or indicate DNA sequence information.

2. "Genetic test" means an analysis of an individual's DNA, gene products or chromosomes that indicates a propensity for or susceptibility to illness, disease, impairment or other disorders, whether physical or mental, or that demonstrates genetic or chromosomal damage due to environmental factors, or carrier status for a disease or disorder.

California Code, Insurance Code § 10143

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=10143.

INSURANCE CODE - INS

DIVISION 2. CLASSES OF INSURANCE [1880 - 12880.6] ( Division 2 enacted by Stats. 1935, Ch. 145. )

PART 2. LIFE AND DISABILITY INSURANCE [10110 - 11549]   ( Part 2 enacted by Stats. 1935, Ch. 145. )  

CHAPTER 1. The Contract [10110 - 10198.10] ( Chapter 1 enacted by Stats. 1935, Ch. 145. )  

ARTICLE 2.5. Discriminatory Practices [10140 - 10145.4] ( Article 2.5 added by Stats. 1969, Ch. 620. )

10143.  

(a) No insurance company licensed in this state shall refuse to issue or sell or renew any policy of life or disability insurance after appropriate application solely by reason of the fact that the person to be insured carries a gene which may, under some circumstances, be associated with disability in that person’s offspring, but which causes no adverse effects on the carrier. Such genes shall include, but not be limited to, Tay-Sachs trait, sickle cell trait, thalassemia trait, and X-linked hemophilia A. No such policy issued and delivered in this state to any association, corporation, firm, fund, individual, group, order, organization, society, or trust subject to the supervision of the commissioner shall demand or require a higher premium rate or charge by reason of the fact that the person to be insured carries such traits than is at that time required of any other association, corporation, firm, fund, individual, group, order, organization, society, or trust in an otherwise identical classification, nor shall any association, corporation, firm, fund, group, individual, order, organization, society, or trust make or require any rebate, discrimination, or discount upon the amount to be paid or the service to be rendered on such policy because the person to be insured carries such traits.

(b) No insurance company licensed in this state shall insert in a policy of life or disability insurance any condition, nor make any stipulation, whereby the person insured who carries a gene which may, under some circumstances, be associated with disability in that person’s offspring, but which causes no adverse effects on the carrier, including, but not limited to, Tay-Sachs trait, sickle cell trait, thalassemia trait, and X-linked hemophilia A, shall bind himself, his heirs, executors, administrators, or assignees to accept any sum or service less than the full value or amount of the policy in case of a claim accruing thereon other than such as are imposed upon other persons in similar cases and any such stipulation or condition so made or inserted shall be void.

(c) No insurance company licensed in this state shall fix any lower rate in the fees or commissions of agents or brokers for writing or renewing a policy of life or disability insurance solely because the applicant carries a gene which may, under some circumstances, be associated with disability in that person’s offspring, but which causes no adverse effects on the carrier. Such genes shall include, but are not limited to, Tay-Sachs trait, sickle cell trait, or X-linked hemophilia A.

(Added by Stats. 1977, Ch. 732.)

California Code, Insurance Code § 10140

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=10140.&nodeTreePath=3.2.1.6&lawCode=INS

INSURANCE CODE - INS

DIVISION 2. CLASSES OF INSURANCE [1880 - 12880.6] ( Division 2 enacted by Stats. 1935, Ch. 145. )

PART 2. LIFE AND DISABILITY INSURANCE [10110 - 11549] ( Part 2 enacted by Stats. 1935, Ch. 145. )

CHAPTER 1. The Contract [10110 - 10198.10] ( Chapter 1 enacted by Stats. 1935, Ch. 145. )

ARTICLE 2.5. Discriminatory Practices [10140 - 10145.4] ( Article 2.5 added by Stats. 1969, Ch. 620. )

10140.

(a) No admitted insurer, licensed to issue life or disability insurance, shall fail or refuse to accept an application for that insurance, to issue that insurance to an applicant therefor, or issue or cancel that insurance, under conditions less favorable to the insured than in other comparable cases, except for reasons applicable alike to persons of every race, color, religion, sex, gender, gender identity, gender expression, national origin, ancestry, or sexual orientation. Race, color, religion, national origin, ancestry, or sexual orientation shall not, of itself, constitute a condition or risk for which a higher rate, premium, or charge may be required of the insured for that insurance. Unless otherwise prohibited by law, premium, price, or charge differentials because of the sex of any individual when based on objective, valid, and up-to-date statistical and actuarial data or sound underwriting practices are not prohibited.

(b) Except as otherwise permitted by law, no admitted insurer, licensed to issue disability insurance policies for hospital, medical, and surgical expenses, shall fail or refuse to accept an application for that insurance, fail or refuse to issue that insurance to an applicant therefor, cancel that insurance, refuse to renew that insurance, charge a higher rate or premium for that insurance, or offer or provide different terms, conditions, or benefits, or place a limitation on coverage under that insurance, on the basis of a person’s genetic characteristics that may, under some circumstances, be associated with disability in that person or that person’s offspring.

(c) No admitted insurer, licensed to issue disability insurance for hospital, medical, and surgical expenses, shall seek information about a person’s genetic characteristics for any nontherapeutic purpose.

(d) No discrimination shall be made in the fees or commissions of agents or brokers for writing or renewing a policy of disability insurance, other than disability income, on the basis of a person’s genetic characteristics that may, under some circumstances, be associated with disability in that person or that person’s offspring.

(e) It shall be deemed a violation of subdivision (a) for any insurer to consider sexual orientation in its underwriting criteria or to utilize marital status, living arrangements, occupation, sex, beneficiary designation, ZIP Codes or other territorial classification within this state, or any combination thereof for the purpose of establishing sexual orientation or determining whether to require a test for the presence of the human immunodeficiency virus or antibodies to that virus, where that testing is otherwise permitted by law. Nothing in this section shall be construed to alter, expand, or limit in any manner the existing law respecting the authority of insurers to conduct tests for the presence of human immunodeficiency virus or evidence thereof.

(f) This section shall not be construed to limit the authority of the commissioner to adopt regulations prohibiting discrimination because of sex, marital status, or sexual orientation or to enforce these regulations, whether adopted before or on or after January 1, 1991.

(g) “Genetic characteristics” as used in this section shall have the same meaning as defined in Section 10123.3.

(h) “Sex” as used in this section shall have the same meaning as “gender.” “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.

(Amended by Stats. 2011, Ch. 719, Sec. 26. (AB 887) Effective January 1, 2012.)

California Code, Insurance Code § 10143

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=INS§ionNum=10143.

INSURANCE CODE - INS

DIVISION 2. CLASSES OF INSURANCE [1880 - 12880.6] ( Division 2 enacted by Stats. 1935, Ch. 145. )

PART 2. LIFE AND DISABILITY INSURANCE [10110 - 11549]   ( Part 2 enacted by Stats. 1935, Ch. 145. )  

CHAPTER 1. The Contract [10110 - 10198.10] ( Chapter 1 enacted by Stats. 1935, Ch. 145. )  

ARTICLE 2.5. Discriminatory Practices [10140 - 10145.4] ( Article 2.5 added by Stats. 1969, Ch. 620. )

10143.  

(a) No insurance company licensed in this state shall refuse to issue or sell or renew any policy of life or disability insurance after appropriate application solely by reason of the fact that the person to be insured carries a gene which may, under some circumstances, be associated with disability in that person’s offspring, but which causes no adverse effects on the carrier. Such genes shall include, but not be limited to, Tay-Sachs trait, sickle cell trait, thalassemia trait, and X-linked hemophilia A. No such policy issued and delivered in this state to any association, corporation, firm, fund, individual, group, order, organization, society, or trust subject to the supervision of the commissioner shall demand or require a higher premium rate or charge by reason of the fact that the person to be insured carries such traits than is at that time required of any other association, corporation, firm, fund, individual, group, order, organization, society, or trust in an otherwise identical classification, nor shall any association, corporation, firm, fund, group, individual, order, organization, society, or trust make or require any rebate, discrimination, or discount upon the amount to be paid or the service to be rendered on such policy because the person to be insured carries such traits.

(b) No insurance company licensed in this state shall insert in a policy of life or disability insurance any condition, nor make any stipulation, whereby the person insured who carries a gene which may, under some circumstances, be associated with disability in that person’s offspring, but which causes no adverse effects on the carrier, including, but not limited to, Tay-Sachs trait, sickle cell trait, thalassemia trait, and X-linked hemophilia A, shall bind himself, his heirs, executors, administrators, or assignees to accept any sum or service less than the full value or amount of the policy in case of a claim accruing thereon other than such as are imposed upon other persons in similar cases and any such stipulation or condition so made or inserted shall be void.

(c) No insurance company licensed in this state shall fix any lower rate in the fees or commissions of agents or brokers for writing or renewing a policy of life or disability insurance solely because the applicant carries a gene which may, under some circumstances, be associated with disability in that person’s offspring, but which causes no adverse effects on the carrier. Such genes shall include, but are not limited to, Tay-Sachs trait, sickle cell trait, or X-linked hemophilia A.

(Added by Stats. 1977, Ch. 732.)

Colorado Revised Statutes Annotated § 10-3-1104.7

https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-10.pdf

Colorado Revised Statutes Title 10. Insurance 

§ 10-3-1104.7. Genetic testing--legislative declaration--definitions--limitations on disclo sure of information--liability

     (1) The general assembly hereby finds and determines that recent advances in genetic science have led to improvements in the diagnosis, treatment, and understanding of a significant number of human diseases. The general assembly further declares that:

     (a) Genetic information is the unique property of the individual to whom the information pertains;

     (b) Any information concerning an individual obtained through the use of genetic techniques may be subject to abuses if disclosed to unauthorized third parties without the willing consent of the individual to whom the information pertains;

     (c) To protect individual privacy and to preserve individual autonomy with regard to the individual's genetic information, it is appropriate to limit the use and availability of genetic information;

     (d) The intent of this section is to prevent information derived from genetic testing from being used to deny access to group disability insurance or long-term care insurance coverage.

     (1) For the purposes of this section:

     (a) "Entity" means any entity that provides group disability insurance or long-term care insurance coverage and is subject to the jurisdiction of the commissioner of insurance.

     (b) "Genetic testing" means any laboratory test of human DNA, RNA, or chromosomes that is used to identify the presence or absence of alterations in genetic material which are associated with disease or illness. "Genetic testing" includes only such tests as are direct measures of such alterations rather than indirect manifestations thereof.

     (1) (a) Information derived from genetic testing shall be confidential and privileged. Any release, for purposes other than diagnosis, treatment, or therapy, of genetic testing information that identifies the person tested with the test results released requires specific written consent by the person tested.

     (b) Any entity that receives information derived from genetic testing may not seek, use, or keep the information for any nontherapeutic purpose or for any underwriting purpose connected with the provision of group disability insurance or long-term care insurance coverage.

     (1) Notwithstanding the provisions of subsection (3) of this section, in the course of a criminal investigation or a criminal prosecution, and to the extent allowed under the federal or state constitution, any peace officer, district attorney, or assistant attorney general, or a designee thereof, may obtain information derived from genetic testing regarding the identity of any individual who is the subject of the criminal investigation or prosecution for use exclusively in the criminal investigation or prosecution without the consent of the individual being tested.

     (2) Notwithstanding the provisions of subsection (3) of this section, any research facility may use the information derived from genetic testing for scientific research purposes so long as the identity of any individual to whom the information pertains is not disclosed to any third party; except that the individual's identity may be disclosed to the individual's physician if the individual consents to such disclosure in writing.

     (3) This section does not limit the authority of a court or any party to a parentage proceeding to use information obtained from genetic testing for purposes of determining parentage pursuant to section 13-25-126, C.R.S.

     (4) This section does not limit the authority of a court or any party to a proceeding that is subject to the limitations of part 5 of article 64 of title 13, C.R.S., to use information obtained from genetic testing for purposes of determining the cause of damage or injury.

     (5) This section does not limit the authority of the state board of parole to require any offender who is involved in a sexual assault to submit to blood tests and to retain the results of such tests on file as authorized under section 17-2-201 (5) (g), C.R.S.

     (6) This section does not limit the authority granted the state department of public health and environment, the state board of health, or local departments of health pursuant to section 25-1-122, C.R.S.

     (7) Notwithstanding any provision of this section to the contrary, the only requirements that shall apply to an insurer in connection with life insurance or individual disability insurance are as follows:

     (a) Except as otherwise specifically authorized or required by another section of state or  federal law, an insurer shall not require the performance of or perform a genetic test without first receiving the specific, written, informed consent of the subject of the test who has the capacity to consent or, if the person subject to the test lacks the capacity to consent, of a person authorized by law to consent on behalf of the subject of the test. Written consent shall be in a form prescribed by the commissioner.

     (b) The results of a genetic test performed pursuant to this subsection (10) are privileged and confidential and shall not be released to any person except as specifically authorized under applicable state or federal law.

     (1) Any violation of this section is an "unfair practice", as defined in section 10-3-1104, and is subject to the provisions of sections 10-3-1106 to 10-3-1113.

     (2) Any individual who is injured by an entity's violation of this section may recover in a court of competent jurisdiction the following remedies:

     (a) Equitable relief, which may include a retroactive order, directing the entity to provide group disability insurance or long-term care insurance coverage, whichever is appropriate, to the injured individual under the same terms and conditions as would have applied had the violation not occurred; and

     (b) The greater of:

     (I) An amount equal to any actual damages suffered by the individual as a result of the violation; or

     (II) Ten thousand dollars per violation.

     (1) The prevailing party in an action under this section may recover costs and reasonable attorney fees.

Colorado Revised Statutes Annotated § 10-3-1104.7

https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-10.pdf

Colorado Revised Statutes Annotated § 10-3-1104.7

https://leg.colorado.gov/sites/default/files/images/olls/crs2016-title-10.pdf

Colorado Revised Statutes Title 10. Insurance 

§ 10-3-1104.7. Genetic testing--legislative declaration--definitions--limitations on disclo sure of information--liability

     (1) The general assembly hereby finds and determines that recent advances in genetic science have led to improvements in the diagnosis, treatment, and understanding of a significant number of human diseases. The general assembly further declares that:

     (a) Genetic information is the unique property of the individual to whom the information pertains;

     (b) Any information concerning an individual obtained through the use of genetic techniques may be subject to abuses if disclosed to unauthorized third parties without the willing consent of the individual to whom the information pertains;

     (c) To protect individual privacy and to preserve individual autonomy with regard to the individual's genetic information, it is appropriate to limit the use and availability of genetic information;

     (d) The intent of this section is to prevent information derived from genetic testing from being used to deny access to group disability insurance or long-term care insurance coverage.

     (1) For the purposes of this section:

     (a) "Entity" means any entity that provides group disability insurance or long-term care insurance coverage and is subject to the jurisdiction of the commissioner of insurance.

     (b) "Genetic testing" means any laboratory test of human DNA, RNA, or chromosomes that is used to identify the presence or absence of alterations in genetic material which are associated with disease or illness. "Genetic testing" includes only such tests as are direct measures of such alterations rather than indirect manifestations thereof.

     (1) (a) Information derived from genetic testing shall be confidential and privileged. Any release, for purposes other than diagnosis, treatment, or therapy, of genetic testing information that identifies the person tested with the test results released requires specific written consent by the person tested.

     (b) Any entity that receives information derived from genetic testing may not seek, use, or keep the information for any nontherapeutic purpose or for any underwriting purpose connected with the provision of group disability insurance or long-term care insurance coverage.

     (1) Notwithstanding the provisions of subsection (3) of this section, in the course of a criminal investigation or a criminal prosecution, and to the extent allowed under the federal or state constitution, any peace officer, district attorney, or assistant attorney general, or a designee thereof, may obtain information derived from genetic testing regarding the identity of any individual who is the subject of the criminal investigation or prosecution for use exclusively in the criminal investigation or prosecution without the consent of the individual being tested.

     (2) Notwithstanding the provisions of subsection (3) of this section, any research facility may use the information derived from genetic testing for scientific research purposes so long as the identity of any individual to whom the information pertains is not disclosed to any third party; except that the individual's identity may be disclosed to the individual's physician if the individual consents to such disclosure in writing.

     (3) This section does not limit the authority of a court or any party to a parentage proceeding to use information obtained from genetic testing for purposes of determining parentage pursuant to section 13-25-126, C.R.S.

     (4) This section does not limit the authority of a court or any party to a proceeding that is subject to the limitations of part 5 of article 64 of title 13, C.R.S., to use information obtained from genetic testing for purposes of determining the cause of damage or injury.

     (5) This section does not limit the authority of the state board of parole to require any offender who is involved in a sexual assault to submit to blood tests and to retain the results of such tests on file as authorized under section 17-2-201 (5) (g), C.R.S.

     (6) This section does not limit the authority granted the state department of public health and environment, the state board of health, or local departments of health pursuant to section 25-1-122, C.R.S.

     (7) Notwithstanding any provision of this section to the contrary, the only requirements that shall apply to an insurer in connection with life insurance or individual disability insurance are as follows:

     (a) Except as otherwise specifically authorized or required by another section of state or  federal law, an insurer shall not require the performance of or perform a genetic test without first receiving the specific, written, informed consent of the subject of the test who has the capacity to consent or, if the person subject to the test lacks the capacity to consent, of a person authorized by law to consent on behalf of the subject of the test. Written consent shall be in a form prescribed by the commissioner.

     (b) The results of a genetic test performed pursuant to this subsection (10) are privileged and confidential and shall not be released to any person except as specifically authorized under applicable state or federal law.

     (1) Any violation of this section is an "unfair practice", as defined in section 10-3-1104, and is subject to the provisions of sections 10-3-1106 to 10-3-1113.

     (2) Any individual who is injured by an entity's violation of this section may recover in a court of competent jurisdiction the following remedies:

     (a) Equitable relief, which may include a retroactive order, directing the entity to provide group disability insurance or long-term care insurance coverage, whichever is appropriate, to the injured individual under the same terms and conditions as would have applied had the violation not occurred; and

     (b) The greater of:

     (I) An amount equal to any actual damages suffered by the individual as a result of the violation; or

     (II) Ten thousand dollars per violation.

     (1) The prevailing party in an action under this section may recover costs and reasonable attorney fees.

Connecticut State Insurance Statutes §38A - 833

https://www.cga.ct.gov/2021/act/pa/pdf/2021PA-00137-R00SB-00841-PA.pdf

Connecticut State Insurance Statutes §38A - 833

https://www.cga.ct.gov/2021/act/pa/pdf/2021PA-00137-R00SB-00841-PA.pdf

Connecticut State Insurance Statutes §38A - 833

https://www.cga.ct.gov/2021/act/pa/pdf/2021PA-00137-R00SB-00841-PA.pdf

Delaware Code Title 16 § 1202

https://delcode.delaware.gov/title16/c012/sc01/index.html

TITLE 16

Health and SafetyRegulatory Provisions Concerning Public Health

CHAPTER 12. Informed Consent and Confidentiality

Subchapter I. Genetic Information

§ 1201. Definitions.

As used in this subchapter:

1. “Genetic characteristic” means any inherited gene or chromosome, or alternation thereof, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome, or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.
   This includes, but is not limited to, information regarding carrier status, information regarding an increased likelihood of future disease or increased sensitivity to any substance, information derived from laboratory tests that identify mutations in specific genes or chromosomes, requests for genetic services or counseling, tests of gene products and direct analysis of genes or chromosomes.
2. “Genetic information” means information about inherited genes or chromosomes, and of alterations thereof, whether obtained from an individual or family member, that is scientifically or medically believed to predispose an individual to disease, disorder or syndrome or believed to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.
3. “Genetic test” means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA, and mitochrondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic associated with disease, disorder or syndrome.
4. “Informed consent”
   1. For the purpose of obtaining genetic information, means the signing of a consent form which includes a description of the genetic test or tests to be performed, its purpose or purposes, potential uses, and limitations and the meaning of its results, and that the individual will receive the results unless the individual directs otherwise;
   2. For the purpose of retaining genetic information, means the signing of a consent form which includes a description of the genetic information to be retained, its potential uses and limitations;
   3. For the purpose of disclosing genetic information, means the signing of a consent form which includes a description of the genetic information to be disclosed and to whom or a notice that the information will be available to individuals who have access to Electronic Medical Records (EMR) or to the Delaware Health Information Network (DHIN).
   4. For the purpose of obtaining insurance, there may be a single signing which shall allow the obtaining, retaining and disclosure of genetic information, which, in addition to the requirements of paragraphs (4)a. and b. of this section, shall:
      1. Be written in plain language;
      2. Be dated;
      3. Name or identify by generic reference the persons authorized to disclose information about the individual;
      4. Specify the nature of the information authorized to be disclosed;
      5. Name or identify by generic reference the person to whom the individual is authorizing information to be disclosed, or subsequently redisclosed;
      6. Describe the purpose for which the information is collected;
      7. Specify the length of time such authorization shall remain valid; and,
      8. Be signed by:
         1. The individual;
         2. Such other person authorized to consent for such individual, if such individual lacks the capacity to consent; or;
         3. The claimant for the proceeds of an insurance policy.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;  80 Del. Laws, c. 126, §  1; 

§ 1202. Informed consent required to obtain genetic information.

1. No person shall obtain genetic information about an individual without first obtaining informed consent from the individual.
2. The requirements of this section shall not apply to genetic information obtained:
   1. By a state, county, municipal or federal law-enforcement agency for the purposes of establishing the identity of a person in the course of a criminal investigation or prosecution;
   2. To determine paternity;
   3. Pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;
   4. To determine the identity of deceased individuals;
   5. For anonymous research where the identity of the subject will not be released;
   6. Pursuant to newborn screening requirements established by state or federal law; or
   7. As authorized by federal law for the identification of persons.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

§ 1203. Authorization to retain genetic information and samples from which genetic information is derived.

1. No person shall retain an individual’s genetic information without first obtaining informed consent from the individual unless:
   1. Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;
   2. Retention is necessary to determine paternity;
   3. Retention is authorized by order of a court of competent jurisdiction;
   4. Retention is made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;
   5. Retention of information is for anonymous research where the identity of the subject will not be released; or
   6. Retention is pursuant to newborn screening requirements established by state or federal law.
2. The sample of an individual from which genetic information has been obtained shall be destroyed promptly unless:
   1. Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;
   2. Retention is authorized by order of a court of competent jurisdiction; or
   3. Retention is authorized by the individual; or
   4. Retention is for anonymous research where the identity of the subject will not be released.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;  80 Del. Laws, c. 96, §  2; 

§ 1204. Genetic information access by the subject.

An individual promptly upon request, may inspect, request correction of and obtain genetic information from the records of that individual.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

§ 1205. Conditions for disclosure to others of genetic information.

1. Regardless of the manner of receipt or the source of genetic information, including information received from an individual, a person shall not disclose or be compelled, by subpoena or any other means, to disclose the identity of an individual upon whom a genetic test has been performed or to disclose genetic information about the individual in a manner that permits identification of the individual, unless:
   1. Disclosure is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding or to protect the interests of an issuer in the detection or prevention of fraud, material misrepresentation or material nondisclosure;
   2. Disclosure is necessary to determine paternity;
   3. Disclosure is authorized by order of a court of competent jurisdiction;
   4. Disclosure is made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;
   5. Disclosure is authorized by obtaining informed consent of the tested individual describing the information to be disclosed and to whom;
   6. Disclosure is for the purpose of furnishing genetic information relating to a decedent for medical diagnosis of blood relatives of the decedent;
   7. Disclosure is for the purpose of identifying bodies;
   8. Disclosure is pursuant to newborn screening requirements established by state or federal law;
   9. Disclosure is authorized by federal law for the identification of persons; or
   10. Disclosure is by an insurer to an insurance regulatory authority;
   11. Disclosure is authorized in accordance with § 1201(4)c. of this title; or
   12. Disclosure is otherwise permitted by law.
2. This section shall apply to any subsequent disclosure by any person after another person has disclosed genetic information or the identity of an individual upon whom a genetic test has been performed.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;  80 Del. Laws, c. 126, §  1; 

§ 1206. Subchapter applicability.

This subchapter applies only to genetic information or samples that can be identified as belonging to an individual or family. This subchapter does not apply to any law, contract or other arrangement that determines a person’s rights to compensation relating to substances or information derived from a sample of an individual from which genetic information has been obtained.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

§ 1207. Parental rights.

This subchapter does not alter any right of parents or guardians to order medical and/or genetic tests of their children.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

§ 1208. Violations, penalties for unlawful disclosure of genetic information, jurisdiction.

1. Any person who wilfully retains an individual’s genetic information or retains an individual’s sample in violation of this subchapter shall be punished by a fine of not less than $1,000 nor more than $10,000.
2. Any person who wilfully obtains or discloses genetic information in violation of this subchapter shall be punished by a fine not less than $5,000 nor more than $50,000.
3. Any person who wilfully discloses an individual’s genetic information in violation of this subchapter, shall be liable to the individual for all actual damages, including damages for economic, bodily or emotional harm which is proximately caused by the disclosure.
4. The Superior Court shall have jurisdiction over all violations of this subchapter.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

Delaware Code Title 16 § 1202

https://delcode.delaware.gov/title16/c012/sc01/index.html

TITLE 16

Health and SafetyRegulatory Provisions Concerning Public Health

CHAPTER 12. Informed Consent and Confidentiality

Subchapter I. Genetic Information

§ 1201. Definitions.

As used in this subchapter:

1. “Genetic characteristic” means any inherited gene or chromosome, or alternation thereof, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome, or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.
   This includes, but is not limited to, information regarding carrier status, information regarding an increased likelihood of future disease or increased sensitivity to any substance, information derived from laboratory tests that identify mutations in specific genes or chromosomes, requests for genetic services or counseling, tests of gene products and direct analysis of genes or chromosomes.
2. “Genetic information” means information about inherited genes or chromosomes, and of alterations thereof, whether obtained from an individual or family member, that is scientifically or medically believed to predispose an individual to disease, disorder or syndrome or believed to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.
3. “Genetic test” means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA, and mitochrondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic associated with disease, disorder or syndrome.
4. “Informed consent”
   1. For the purpose of obtaining genetic information, means the signing of a consent form which includes a description of the genetic test or tests to be performed, its purpose or purposes, potential uses, and limitations and the meaning of its results, and that the individual will receive the results unless the individual directs otherwise;
   2. For the purpose of retaining genetic information, means the signing of a consent form which includes a description of the genetic information to be retained, its potential uses and limitations;
   3. For the purpose of disclosing genetic information, means the signing of a consent form which includes a description of the genetic information to be disclosed and to whom or a notice that the information will be available to individuals who have access to Electronic Medical Records (EMR) or to the Delaware Health Information Network (DHIN).
   4. For the purpose of obtaining insurance, there may be a single signing which shall allow the obtaining, retaining and disclosure of genetic information, which, in addition to the requirements of paragraphs (4)a. and b. of this section, shall:
      1. Be written in plain language;
      2. Be dated;
      3. Name or identify by generic reference the persons authorized to disclose information about the individual;
      4. Specify the nature of the information authorized to be disclosed;
      5. Name or identify by generic reference the person to whom the individual is authorizing information to be disclosed, or subsequently redisclosed;
      6. Describe the purpose for which the information is collected;
      7. Specify the length of time such authorization shall remain valid; and,
      8. Be signed by:
         1. The individual;
         2. Such other person authorized to consent for such individual, if such individual lacks the capacity to consent; or;
         3. The claimant for the proceeds of an insurance policy.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;  80 Del. Laws, c. 126, §  1; 

§ 1202. Informed consent required to obtain genetic information.

1. No person shall obtain genetic information about an individual without first obtaining informed consent from the individual.
2. The requirements of this section shall not apply to genetic information obtained:
   1. By a state, county, municipal or federal law-enforcement agency for the purposes of establishing the identity of a person in the course of a criminal investigation or prosecution;
   2. To determine paternity;
   3. Pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;
   4. To determine the identity of deceased individuals;
   5. For anonymous research where the identity of the subject will not be released;
   6. Pursuant to newborn screening requirements established by state or federal law; or
   7. As authorized by federal law for the identification of persons.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

§ 1203. Authorization to retain genetic information and samples from which genetic information is derived.

1. No person shall retain an individual’s genetic information without first obtaining informed consent from the individual unless:
   1. Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;
   2. Retention is necessary to determine paternity;
   3. Retention is authorized by order of a court of competent jurisdiction;
   4. Retention is made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;
   5. Retention of information is for anonymous research where the identity of the subject will not be released; or
   6. Retention is pursuant to newborn screening requirements established by state or federal law.
2. The sample of an individual from which genetic information has been obtained shall be destroyed promptly unless:
   1. Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;
   2. Retention is authorized by order of a court of competent jurisdiction; or
   3. Retention is authorized by the individual; or
   4. Retention is for anonymous research where the identity of the subject will not be released.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;  80 Del. Laws, c. 96, §  2; 

§ 1204. Genetic information access by the subject.

An individual promptly upon request, may inspect, request correction of and obtain genetic information from the records of that individual.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

§ 1205. Conditions for disclosure to others of genetic information.

1. Regardless of the manner of receipt or the source of genetic information, including information received from an individual, a person shall not disclose or be compelled, by subpoena or any other means, to disclose the identity of an individual upon whom a genetic test has been performed or to disclose genetic information about the individual in a manner that permits identification of the individual, unless:
   1. Disclosure is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding or to protect the interests of an issuer in the detection or prevention of fraud, material misrepresentation or material nondisclosure;
   2. Disclosure is necessary to determine paternity;
   3. Disclosure is authorized by order of a court of competent jurisdiction;
   4. Disclosure is made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;
   5. Disclosure is authorized by obtaining informed consent of the tested individual describing the information to be disclosed and to whom;
   6. Disclosure is for the purpose of furnishing genetic information relating to a decedent for medical diagnosis of blood relatives of the decedent;
   7. Disclosure is for the purpose of identifying bodies;
   8. Disclosure is pursuant to newborn screening requirements established by state or federal law;
   9. Disclosure is authorized by federal law for the identification of persons; or
   10. Disclosure is by an insurer to an insurance regulatory authority;
   11. Disclosure is authorized in accordance with § 1201(4)c. of this title; or
   12. Disclosure is otherwise permitted by law.
2. This section shall apply to any subsequent disclosure by any person after another person has disclosed genetic information or the identity of an individual upon whom a genetic test has been performed.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;  80 Del. Laws, c. 126, §  1; 

§ 1206. Subchapter applicability.

This subchapter applies only to genetic information or samples that can be identified as belonging to an individual or family. This subchapter does not apply to any law, contract or other arrangement that determines a person’s rights to compensation relating to substances or information derived from a sample of an individual from which genetic information has been obtained.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

§ 1207. Parental rights.

This subchapter does not alter any right of parents or guardians to order medical and/or genetic tests of their children.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

§ 1208. Violations, penalties for unlawful disclosure of genetic information, jurisdiction.

1. Any person who wilfully retains an individual’s genetic information or retains an individual’s sample in violation of this subchapter shall be punished by a fine of not less than $1,000 nor more than $10,000.
2. Any person who wilfully obtains or discloses genetic information in violation of this subchapter shall be punished by a fine not less than $5,000 nor more than $50,000.
3. Any person who wilfully discloses an individual’s genetic information in violation of this subchapter, shall be liable to the individual for all actual damages, including damages for economic, bodily or emotional harm which is proximately caused by the disclosure.
4. The Superior Court shall have jurisdiction over all violations of this subchapter.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

Delaware Code Title 16 § 1202

https://delcode.delaware.gov/title16/c012/sc01/index.html

TITLE 16

Health and SafetyRegulatory Provisions Concerning Public Health

CHAPTER 12. Informed Consent and Confidentiality

Subchapter I. Genetic Information

§ 1201. Definitions.

As used in this subchapter:

1. “Genetic characteristic” means any inherited gene or chromosome, or alternation thereof, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome, or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.
   This includes, but is not limited to, information regarding carrier status, information regarding an increased likelihood of future disease or increased sensitivity to any substance, information derived from laboratory tests that identify mutations in specific genes or chromosomes, requests for genetic services or counseling, tests of gene products and direct analysis of genes or chromosomes.
2. “Genetic information” means information about inherited genes or chromosomes, and of alterations thereof, whether obtained from an individual or family member, that is scientifically or medically believed to predispose an individual to disease, disorder or syndrome or believed to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.
3. “Genetic test” means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA, and mitochrondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic associated with disease, disorder or syndrome.
4. “Informed consent”
   1. For the purpose of obtaining genetic information, means the signing of a consent form which includes a description of the genetic test or tests to be performed, its purpose or purposes, potential uses, and limitations and the meaning of its results, and that the individual will receive the results unless the individual directs otherwise;
   2. For the purpose of retaining genetic information, means the signing of a consent form which includes a description of the genetic information to be retained, its potential uses and limitations;
   3. For the purpose of disclosing genetic information, means the signing of a consent form which includes a description of the genetic information to be disclosed and to whom or a notice that the information will be available to individuals who have access to Electronic Medical Records (EMR) or to the Delaware Health Information Network (DHIN).
   4. For the purpose of obtaining insurance, there may be a single signing which shall allow the obtaining, retaining and disclosure of genetic information, which, in addition to the requirements of paragraphs (4)a. and b. of this section, shall:
      1. Be written in plain language;
      2. Be dated;
      3. Name or identify by generic reference the persons authorized to disclose information about the individual;
      4. Specify the nature of the information authorized to be disclosed;
      5. Name or identify by generic reference the person to whom the individual is authorizing information to be disclosed, or subsequently redisclosed;
      6. Describe the purpose for which the information is collected;
      7. Specify the length of time such authorization shall remain valid; and,
      8. Be signed by:
         1. The individual;
         2. Such other person authorized to consent for such individual, if such individual lacks the capacity to consent; or;
         3. The claimant for the proceeds of an insurance policy.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;  80 Del. Laws, c. 126, §  1; 

§ 1202. Informed consent required to obtain genetic information.

1. No person shall obtain genetic information about an individual without first obtaining informed consent from the individual.
2. The requirements of this section shall not apply to genetic information obtained:
   1. By a state, county, municipal or federal law-enforcement agency for the purposes of establishing the identity of a person in the course of a criminal investigation or prosecution;
   2. To determine paternity;
   3. Pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;
   4. To determine the identity of deceased individuals;
   5. For anonymous research where the identity of the subject will not be released;
   6. Pursuant to newborn screening requirements established by state or federal law; or
   7. As authorized by federal law for the identification of persons.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

§ 1203. Authorization to retain genetic information and samples from which genetic information is derived.

1. No person shall retain an individual’s genetic information without first obtaining informed consent from the individual unless:
   1. Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;
   2. Retention is necessary to determine paternity;
   3. Retention is authorized by order of a court of competent jurisdiction;
   4. Retention is made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;
   5. Retention of information is for anonymous research where the identity of the subject will not be released; or
   6. Retention is pursuant to newborn screening requirements established by state or federal law.
2. The sample of an individual from which genetic information has been obtained shall be destroyed promptly unless:
   1. Retention is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding;
   2. Retention is authorized by order of a court of competent jurisdiction; or
   3. Retention is authorized by the individual; or
   4. Retention is for anonymous research where the identity of the subject will not be released.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;  80 Del. Laws, c. 96, §  2; 

§ 1204. Genetic information access by the subject.

An individual promptly upon request, may inspect, request correction of and obtain genetic information from the records of that individual.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

§ 1205. Conditions for disclosure to others of genetic information.

1. Regardless of the manner of receipt or the source of genetic information, including information received from an individual, a person shall not disclose or be compelled, by subpoena or any other means, to disclose the identity of an individual upon whom a genetic test has been performed or to disclose genetic information about the individual in a manner that permits identification of the individual, unless:
   1. Disclosure is necessary for the purposes of a criminal or death investigation or a criminal or juvenile proceeding or to protect the interests of an issuer in the detection or prevention of fraud, material misrepresentation or material nondisclosure;
   2. Disclosure is necessary to determine paternity;
   3. Disclosure is authorized by order of a court of competent jurisdiction;
   4. Disclosure is made pursuant to the DNA analysis and data bank requirements of § 4713 of Title 29;
   5. Disclosure is authorized by obtaining informed consent of the tested individual describing the information to be disclosed and to whom;
   6. Disclosure is for the purpose of furnishing genetic information relating to a decedent for medical diagnosis of blood relatives of the decedent;
   7. Disclosure is for the purpose of identifying bodies;
   8. Disclosure is pursuant to newborn screening requirements established by state or federal law;
   9. Disclosure is authorized by federal law for the identification of persons; or
   10. Disclosure is by an insurer to an insurance regulatory authority;
   11. Disclosure is authorized in accordance with § 1201(4)c. of this title; or
   12. Disclosure is otherwise permitted by law.
2. This section shall apply to any subsequent disclosure by any person after another person has disclosed genetic information or the identity of an individual upon whom a genetic test has been performed.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3;  80 Del. Laws, c. 126, §  1; 

§ 1206. Subchapter applicability.

This subchapter applies only to genetic information or samples that can be identified as belonging to an individual or family. This subchapter does not apply to any law, contract or other arrangement that determines a person’s rights to compensation relating to substances or information derived from a sample of an individual from which genetic information has been obtained.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

§ 1207. Parental rights.

This subchapter does not alter any right of parents or guardians to order medical and/or genetic tests of their children.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

§ 1208. Violations, penalties for unlawful disclosure of genetic information, jurisdiction.

1. Any person who wilfully retains an individual’s genetic information or retains an individual’s sample in violation of this subchapter shall be punished by a fine of not less than $1,000 nor more than $10,000.
2. Any person who wilfully obtains or discloses genetic information in violation of this subchapter shall be punished by a fine not less than $5,000 nor more than $50,000.
3. Any person who wilfully discloses an individual’s genetic information in violation of this subchapter, shall be liable to the individual for all actual damages, including damages for economic, bodily or emotional harm which is proximately caused by the disclosure.
4. The Superior Court shall have jurisdiction over all violations of this subchapter.

71 Del. Laws, c. 458, §  2;  78 Del. Laws, c. 277, §  3; 

Florida Statutes § 627.4301

https://flsenate.gov/Laws/Statutes/2021/627.4301

627.4301?Genetic information for insurance purposes.—

   (1)   DEFINITIONS.—As used in this section, the term:

   (a)   “Genetic information” means information derived from genetic testing to determine the presence or absence of variations or mutations, including carrier status, in an individual’s genetic material or genes that are scientifically or medically believed to cause a disease, disorder, or syndrome, or are associated with a statistically increased risk of developing a disease, disorder, or syndrome, which is asymptomatic at the time of testing. Such testing does not include routine physical examinations or chemical, blood, or urine analysis, unless conducted purposefully to obtain genetic information, or questions regarding family history.

   (b)   “Health insurer” means an authorized insurer offering health insurance as defined in s.624.603, a self-insured plan as defined in s.624.031, a multiple-employer welfare arrangement as defined in s.624.437, a prepaid limited health service organization as defined in s.636.003, a health maintenance organization as defined in s.641.19, a prepaid health clinic as defined in s.641.402, a fraternal benefit society as defined in s.632.601, or any health care arrangement whereby risk is assumed.

   (c)   “Life insurer” has the same meaning as in s.624.602 and includes an insurer issuing life insurance contracts that grant additional benefits in the event of the insured’s disability.

   (d)   “Long-term care insurer” means an insurer that issues long-term care insurance policies as described in s.627.9404.

   (2)   USE OF GENETIC INFORMATION.—

   (a)   In the absence of a diagnosis of a condition related to genetic information, health insurers, life insurers, and long-term care insurers authorized to transact insurance in this state may not cancel, limit, or deny coverage, or establish differentials in premium rates, based on such information.

   (b)   Health insurers, life insurers, and long-term care insurers may not require or solicit genetic information, use genetic test results, or consider a person’s decisions or actions relating to genetic testing in any manner for any insurance purpose.

   (c)   This section does not apply to the underwriting or issuance of an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy or any other actions of an insurer directly related to an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy.

   (d)   Nothing in this section shall be construed as preventing a life insurer or long-term care insurer from accessing an individual’s medical record as part of an application exam. Nothing in this section prohibits a life insurer or long-term care insurer from considering a medical diagnosis included in an individual’s medical record, even if a diagnosis was made based on the results of a genetic test.

History.—s. 1, ch. 97-182; s. 43, ch. 2000-256; s. 10, ch. 2000-296; s. 1, ch. 2020-159.

Florida Statutes § 627.4301

https://flsenate.gov/Laws/Statutes/2021/627.4301

627.4301?Genetic information for insurance purposes.—

   (1)   DEFINITIONS.—As used in this section, the term:

   (a)   “Genetic information” means information derived from genetic testing to determine the presence or absence of variations or mutations, including carrier status, in an individual’s genetic material or genes that are scientifically or medically believed to cause a disease, disorder, or syndrome, or are associated with a statistically increased risk of developing a disease, disorder, or syndrome, which is asymptomatic at the time of testing. Such testing does not include routine physical examinations or chemical, blood, or urine analysis, unless conducted purposefully to obtain genetic information, or questions regarding family history.

   (b)   “Health insurer” means an authorized insurer offering health insurance as defined in s.624.603, a self-insured plan as defined in s.624.031, a multiple-employer welfare arrangement as defined in s.624.437, a prepaid limited health service organization as defined in s.636.003, a health maintenance organization as defined in s.641.19, a prepaid health clinic as defined in s.641.402, a fraternal benefit society as defined in s.632.601, or any health care arrangement whereby risk is assumed.

   (c)   “Life insurer” has the same meaning as in s.624.602 and includes an insurer issuing life insurance contracts that grant additional benefits in the event of the insured’s disability.

   (d)   “Long-term care insurer” means an insurer that issues long-term care insurance policies as described in s.627.9404.

   (2)   USE OF GENETIC INFORMATION.—

   (a)   In the absence of a diagnosis of a condition related to genetic information, health insurers, life insurers, and long-term care insurers authorized to transact insurance in this state may not cancel, limit, or deny coverage, or establish differentials in premium rates, based on such information.

   (b)   Health insurers, life insurers, and long-term care insurers may not require or solicit genetic information, use genetic test results, or consider a person’s decisions or actions relating to genetic testing in any manner for any insurance purpose.

   (c)   This section does not apply to the underwriting or issuance of an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy or any other actions of an insurer directly related to an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy.

   (d)   Nothing in this section shall be construed as preventing a life insurer or long-term care insurer from accessing an individual’s medical record as part of an application exam. Nothing in this section prohibits a life insurer or long-term care insurer from considering a medical diagnosis included in an individual’s medical record, even if a diagnosis was made based on the results of a genetic test.

History.—s. 1, ch. 97-182; s. 43, ch. 2000-256; s. 10, ch. 2000-296; s. 1, ch. 2020-159.

Florida Statutes § 627.4301

https://flsenate.gov/Laws/Statutes/2021/627.4301

627.4301?Genetic information for insurance purposes.—

   (1)   DEFINITIONS.—As used in this section, the term:

   (a)   “Genetic information” means information derived from genetic testing to determine the presence or absence of variations or mutations, including carrier status, in an individual’s genetic material or genes that are scientifically or medically believed to cause a disease, disorder, or syndrome, or are associated with a statistically increased risk of developing a disease, disorder, or syndrome, which is asymptomatic at the time of testing. Such testing does not include routine physical examinations or chemical, blood, or urine analysis, unless conducted purposefully to obtain genetic information, or questions regarding family history.

   (b)   “Health insurer” means an authorized insurer offering health insurance as defined in s.624.603, a self-insured plan as defined in s.624.031, a multiple-employer welfare arrangement as defined in s.624.437, a prepaid limited health service organization as defined in s.636.003, a health maintenance organization as defined in s.641.19, a prepaid health clinic as defined in s.641.402, a fraternal benefit society as defined in s.632.601, or any health care arrangement whereby risk is assumed.

   (c)   “Life insurer” has the same meaning as in s.624.602 and includes an insurer issuing life insurance contracts that grant additional benefits in the event of the insured’s disability.

   (d)   “Long-term care insurer” means an insurer that issues long-term care insurance policies as described in s.627.9404.

   (2)   USE OF GENETIC INFORMATION.—

   (a)   In the absence of a diagnosis of a condition related to genetic information, health insurers, life insurers, and long-term care insurers authorized to transact insurance in this state may not cancel, limit, or deny coverage, or establish differentials in premium rates, based on such information.

   (b)   Health insurers, life insurers, and long-term care insurers may not require or solicit genetic information, use genetic test results, or consider a person’s decisions or actions relating to genetic testing in any manner for any insurance purpose.

   (c)   This section does not apply to the underwriting or issuance of an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy or any other actions of an insurer directly related to an accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy.

   (d)   Nothing in this section shall be construed as preventing a life insurer or long-term care insurer from accessing an individual’s medical record as part of an application exam. Nothing in this section prohibits a life insurer or long-term care insurer from considering a medical diagnosis included in an individual’s medical record, even if a diagnosis was made based on the results of a genetic test.

History.—s. 1, ch. 97-182; s. 43, ch. 2000-256; s. 10, ch. 2000-296; s. 1, ch. 2020-159.

Idaho Statutes § 41-1313

https://legislature.idaho.gov/statutesrules/idstat/title41/t41ch13/sect41-1313/

TITLE 41
INSURANCE

CHAPTER 13
TRADE PRACTICES AND FRAUDS

41-1313.  UNFAIR DISCRIMINATION — LIFE INSURANCE, ANNUITIES, AND DISABILITY INSURANCE. 

(1) No person shall make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of such contract.

(2)  No person shall make or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of disability insurance or in the benefits payable thereunder, or in any of the terms or conditions of such contract, or in any other manner whatever.

(3)  No person shall discriminate on the basis of a genetic test or private genetic information, as those terms are defined in section 39-8302, Idaho Code, in the issuance of coverage, or the fixing of rates, terms or conditions, for any policy or contract of disability insurance or any health benefit plan.

History:

[41-1313, added 1961, ch. 330, sec. 291, p. 645; am. 2006, ch. 293, sec. 2, p. 906.]

Indiana Code § 16-39-5-2

http://iga.in.gov/legislative/laws/2021/ic/titles/016/#16-39

IC 16-39-5-2Patient's written consent to insurer to obtain records or medical information

Sec. 2. 

(a) Except as provided in IC 16-39-2, IC 16-39-3, IC 16-39-4, and subsection (d), this article does not prohibit an accident and sickness insurance company (as defined in IC 27-8-5-1) from obtaining health records or medical information with a written consent executed at the time of receiving an application for insurance or at any other time. Such consent may be used at any time for legitimate accident and sickness insurance purposes.

(b) A written consent to obtain health records or medical information obtained at the time of application by an insurance company making any of the types of insurance not defined in IC 27-8-5 may be used for any legitimate insurance purposes for up to two (2) years from the date the contract is issued. A written consent obtained at any other time by an insurance company not defined in IC 27-8-5 may be used for up to one (1) year after the date the consent was signed. A copy of all health records or medical information obtained by an insurance company, other than a life insurance company (as defined in IC 27-1-2-3(s)), by means of the written consent of the patient under this subsection shall be furnished to the patient by the insurance company upon the written request of the patient.

(c) Consents obtained by any insurance company need only contain the following:

(1) Name of the insured.

(2) Date the consent is granted.

(3) Name of the company to which consent is given to receive information.

(4) General nature of the information that may be secured by use of the consent.

(d) Except as provided in subsection (e), an insurance company other than a life insurance company (as defined in IC 27-1-2-3(s)) may not obtain the results of any genetic screening or testing (as defined in IC 27-8-26-2) without a separate written consent by an individual at the time of application for insurance or at any other time. The form on which an individual indicates written consent must:

(1) indicate in at least 10 point boldface type that the individual need not consent to releasing the results of any genetic testing or screening; and

(2) be approved by the commissioner before use.

(e) An insurance company other than a life insurance company (as defined in IC 27-1-2-3(s)) is not liable if the insurance company:

(1) inadvertently receives the results of any genetic testing or screening (as defined in IC 27-8-26-2); and

(2) has not obtained a separate written consent as required under subsection (d).

An insurance company that inadvertently receives testing or screening results may not use the genetic testing or screening results in violation of IC 27-8-26.

[Pre-1993 Recodification Citation: 16-4-8-5(b), (c), (d).]

As added by P.L.2-1993, SEC.22. Amended by P.L.1-1994, SEC.89; P.L.150-1997, SEC.1.

Indiana Code § 16-39-5-2

http://iga.in.gov/legislative/laws/2021/ic/titles/016/#16-39

IC 16-39-5-2Patient's written consent to insurer to obtain records or medical information

Sec. 2. 

(a) Except as provided in IC 16-39-2, IC 16-39-3, IC 16-39-4, and subsection (d), this article does not prohibit an accident and sickness insurance company (as defined in IC 27-8-5-1) from obtaining health records or medical information with a written consent executed at the time of receiving an application for insurance or at any other time. Such consent may be used at any time for legitimate accident and sickness insurance purposes.

(b) A written consent to obtain health records or medical information obtained at the time of application by an insurance company making any of the types of insurance not defined in IC 27-8-5 may be used for any legitimate insurance purposes for up to two (2) years from the date the contract is issued. A written consent obtained at any other time by an insurance company not defined in IC 27-8-5 may be used for up to one (1) year after the date the consent was signed. A copy of all health records or medical information obtained by an insurance company, other than a life insurance company (as defined in IC 27-1-2-3(s)), by means of the written consent of the patient under this subsection shall be furnished to the patient by the insurance company upon the written request of the patient.

(c) Consents obtained by any insurance company need only contain the following:

(1) Name of the insured.

(2) Date the consent is granted.

(3) Name of the company to which consent is given to receive information.

(4) General nature of the information that may be secured by use of the consent.

(d) Except as provided in subsection (e), an insurance company other than a life insurance company (as defined in IC 27-1-2-3(s)) may not obtain the results of any genetic screening or testing (as defined in IC 27-8-26-2) without a separate written consent by an individual at the time of application for insurance or at any other time. The form on which an individual indicates written consent must:

(1) indicate in at least 10 point boldface type that the individual need not consent to releasing the results of any genetic testing or screening; and

(2) be approved by the commissioner before use.

(e) An insurance company other than a life insurance company (as defined in IC 27-1-2-3(s)) is not liable if the insurance company:

(1) inadvertently receives the results of any genetic testing or screening (as defined in IC 27-8-26-2); and

(2) has not obtained a separate written consent as required under subsection (d).

An insurance company that inadvertently receives testing or screening results may not use the genetic testing or screening results in violation of IC 27-8-26.

[Pre-1993 Recodification Citation: 16-4-8-5(b), (c), (d).]

As added by P.L.2-1993, SEC.22. Amended by P.L.1-1994, SEC.89; P.L.150-1997, SEC.1.

Kansas Statutes Annotated § 40-2259

https://www.ksrevisor.org/statutes/chapters/ch40/040_022_0059.html

40-2259. Genetic screening or testing; prohibiting the use of; exceptions; restrictions. 

     (a) As used in this section, "genetic screening or testing" means a laboratory test of a person's genes or chromosomes for abnormalities, defects or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments, or that indicate a susceptibility to illness, disease or other disorders, whether physical or mental, which test is a direct test for abnormalities, defects or deficiencies, and not an indirect manifestation of genetic disorders.

     (b) An insurance company, health maintenance organization, nonprofit medical and hospital, dental, optometric or pharmacy corporation, or a group subject to K.S.A. 12-2616 et seq., and amendments thereto, offering group policies and certificates of coverage or individual policies providing hospital, medical or surgical expense benefits, shall not:

     (1) Require or request directly or indirectly any individual or a member of the individual's family to obtain a genetic test;

     (2) require or request directly or indirectly any individual to reveal whether the individual or a member of the individual's family has obtained a genetic test or the results of the test, if obtained by the individual or a member of the individual's family;

     (3) condition the provision of insurance coverage or health care benefits on whether an individual or a member of the individual's family has obtained a genetic test or the results of the test, if obtained by the individual or a member of the individual's family;

     (4) consider in the determination of rates or any other aspect of insurance coverage or health care benefits provided to an individual whether an individual or a member of the individual's family has obtained a genetic test or the results of the test, if obtained by the individual or a member of the individual's family;

     (5) require any individual, as a condition of enrollment or continued enrollment, to pay a premium or contribution which is greater than such premium or contribution for a similarly situated individual on the basis of whether the individual or a member of the individual's family has obtained a genetic test or the results of such test; or

     (6) adjust premium or contribution amounts on the basis of whether the individual or a member of the individual's family has obtained a genetic test or the result of such test.

     (c) Subsection (b) does not apply to an insurer writing life insurance, disability income insurance or long-term care insurance coverage.

     (d) An insurer writing life insurance, disability income insurance or long-term care insurance coverage that obtains information under paragraphs (1) or (2) of subsection (b), shall not:

     (1) Use the information contrary to paragraphs (3) or (4) of subsection (b) in writing a type of insurance coverage other than life for the individual or a member of the individual's family; or

     (2) provide for rates or any other aspect of coverage that is not reasonably related to the risk involved.

History: L. 1997, ch. 190, § 14; L. 2010, ch. 108, § 4; July 1.

Kansas Statutes Annotated § 40-2259

https://www.ksrevisor.org/statutes/chapters/ch40/040_022_0059.html

40-2259. Genetic screening or testing; prohibiting the use of; exceptions; restrictions. 

     (a) As used in this section, "genetic screening or testing" means a laboratory test of a person's genes or chromosomes for abnormalities, defects or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments, or that indicate a susceptibility to illness, disease or other disorders, whether physical or mental, which test is a direct test for abnormalities, defects or deficiencies, and not an indirect manifestation of genetic disorders.

     (b) An insurance company, health maintenance organization, nonprofit medical and hospital, dental, optometric or pharmacy corporation, or a group subject to K.S.A. 12-2616 et seq., and amendments thereto, offering group policies and certificates of coverage or individual policies providing hospital, medical or surgical expense benefits, shall not:

     (1) Require or request directly or indirectly any individual or a member of the individual's family to obtain a genetic test;

     (2) require or request directly or indirectly any individual to reveal whether the individual or a member of the individual's family has obtained a genetic test or the results of the test, if obtained by the individual or a member of the individual's family;

     (3) condition the provision of insurance coverage or health care benefits on whether an individual or a member of the individual's family has obtained a genetic test or the results of the test, if obtained by the individual or a member of the individual's family;

     (4) consider in the determination of rates or any other aspect of insurance coverage or health care benefits provided to an individual whether an individual or a member of the individual's family has obtained a genetic test or the results of the test, if obtained by the individual or a member of the individual's family;

     (5) require any individual, as a condition of enrollment or continued enrollment, to pay a premium or contribution which is greater than such premium or contribution for a similarly situated individual on the basis of whether the individual or a member of the individual's family has obtained a genetic test or the results of such test; or

     (6) adjust premium or contribution amounts on the basis of whether the individual or a member of the individual's family has obtained a genetic test or the result of such test.

     (c) Subsection (b) does not apply to an insurer writing life insurance, disability income insurance or long-term care insurance coverage.

     (d) An insurer writing life insurance, disability income insurance or long-term care insurance coverage that obtains information under paragraphs (1) or (2) of subsection (b), shall not:

     (1) Use the information contrary to paragraphs (3) or (4) of subsection (b) in writing a type of insurance coverage other than life for the individual or a member of the individual's family; or

     (2) provide for rates or any other aspect of coverage that is not reasonably related to the risk involved.

History: L. 1997, ch. 190, § 14; L. 2010, ch. 108, § 4; July 1.

Kansas Statutes Annotated § 40-2259

https://www.ksrevisor.org/statutes/chapters/ch40/040_022_0059.html

40-2259. Genetic screening or testing; prohibiting the use of; exceptions; restrictions. 

     (a) As used in this section, "genetic screening or testing" means a laboratory test of a person's genes or chromosomes for abnormalities, defects or deficiencies, including carrier status, that are linked to physical or mental disorders or impairments, or that indicate a susceptibility to illness, disease or other disorders, whether physical or mental, which test is a direct test for abnormalities, defects or deficiencies, and not an indirect manifestation of genetic disorders.

     (b) An insurance company, health maintenance organization, nonprofit medical and hospital, dental, optometric or pharmacy corporation, or a group subject to K.S.A. 12-2616 et seq., and amendments thereto, offering group policies and certificates of coverage or individual policies providing hospital, medical or surgical expense benefits, shall not:

     (1) Require or request directly or indirectly any individual or a member of the individual's family to obtain a genetic test;

     (2) require or request directly or indirectly any individual to reveal whether the individual or a member of the individual's family has obtained a genetic test or the results of the test, if obtained by the individual or a member of the individual's family;

     (3) condition the provision of insurance coverage or health care benefits on whether an individual or a member of the individual's family has obtained a genetic test or the results of the test, if obtained by the individual or a member of the individual's family;

     (4) consider in the determination of rates or any other aspect of insurance coverage or health care benefits provided to an individual whether an individual or a member of the individual's family has obtained a genetic test or the results of the test, if obtained by the individual or a member of the individual's family;

     (5) require any individual, as a condition of enrollment or continued enrollment, to pay a premium or contribution which is greater than such premium or contribution for a similarly situated individual on the basis of whether the individual or a member of the individual's family has obtained a genetic test or the results of such test; or

     (6) adjust premium or contribution amounts on the basis of whether the individual or a member of the individual's family has obtained a genetic test or the result of such test.

     (c) Subsection (b) does not apply to an insurer writing life insurance, disability income insurance or long-term care insurance coverage.

     (d) An insurer writing life insurance, disability income insurance or long-term care insurance coverage that obtains information under paragraphs (1) or (2) of subsection (b), shall not:

     (1) Use the information contrary to paragraphs (3) or (4) of subsection (b) in writing a type of insurance coverage other than life for the individual or a member of the individual's family; or

     (2) provide for rates or any other aspect of coverage that is not reasonably related to the risk involved.

History: L. 1997, ch. 190, § 14; L. 2010, ch. 108, § 4; July 1.

Kentucky Revised Statutes § 304.12-085

https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17019

304.12-085 Denial of insurance because of race, color, religion, national origin, or sex prohibited -- Genetic tests. 

(1)  No person shall, whether acting for himself or another in connection with an insurance transaction, fail or refuse to issue or renew insurance to any person because of race, color, religion, national origin, or sex except that rates determined through valid actuarial tables shall not be violative of KRS Chapter 344. 

(2)  In the case of benefits consisting of medical care provided under, offered by, or in connection with a group or individual health benefit plan, the plan or insurer may not deny, cancel, or refuse to renew the benefits or coverage, or vary the premiums, terms, or conditions for the benefits or coverage, for any participant or beneficiary under the plan: 

1. On the basis of a genetic test, for which symptoms have not manifested; or
2. On the basis that the participant or beneficiary has requested or received genetic services.

(3)  A group or individual health benefit plan or insurer offering health insurance in connection with a health benefit plan or an insurer offering a disability income plan may not request or require an applicant, participant, or beneficiary to disclose to the plan or insurer any genetic test about the participant, beneficiary, or applicant. 

(4)  A group or individual health benefit plan or insurer offering health insurance in connection with a health benefit plan may not disclose any genetic test about a participant or beneficiary without prior authorization by the participant. The authorization is required for each disclosure. 

(5)  For purposes of this section, unless the context requires otherwise: 

1. "Health benefit plan" has the meaning given it in KRS 304.17A-005; and
2. "Insurer" has the meaning given it in KRS 304.17A-005.

Effective: April 10, 1998 

History: Amended 1998 Ky. Acts ch. 496, sec. 55, effective April 10, 1998. -- Created 1974 Ky. Acts ch. 104, sec. 10, effective June 21, 1974. 

A group or individual health benefit plan or insurer offering health insurance in connection with a health benefit plan or an insurer offering a disability income plan may not request or require an applicant, participant, or beneficiary to disclose to the plan or insurer any genetic test about the participant, beneficiary, or applicant.

La. Stat. tit. 22 § 918

https://legis.la.gov/legis/Law.aspx?d=1240064

Cannot use information of relatives or participation in research; cannot require testing.

La. Stat. tit. 22 § 918

https://legis.la.gov/legis/Law.aspx?d=1240064

Cannot use information of relatives or participation in research; cannot require testing.

Massachusetts Statutes 175 § 120E

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175/Section120E

Section 120E: Unfair discrimination based on results of genetic test or the provision of genetic information prohibited; genetic tests as condition to issuance or renewal of policy on the life of person prohibited

Section 120E. For the purposes of this section the following words shall have the following meanings:—

"Genetic information", a written recorded individually identifiable result of a genetic test as defined by this section or explanation of such a result. For the purpose of this section, the term genetic information shall not include information pertaining to the abuse of drugs or alcohol which is derived from tests given for the exclusive purpose of determining the abuse of drugs or alcohol.

"Genetic test", a test of human DNA, RNA, mitochondrial DNA, chromosomes or proteins for the purpose of identifying genes, inherited or acquired genetic abnormalities, or the presence or absence of inherited or acquired characteristics in genetic material, which are associated with a predisposition to disease, illness, impairment or other disease processes. For the purpose of this section, the term genetic test shall not include tests given for drugs, alcohol, cholesterol, or HIV; any test for the purpose of diagnosing or detecting an existing disease process; any test performed due to the presence of symptoms, signs or other manifestation of a disease, illness, impairment; or other disease process or any test, that is taken as a biopsy, autopsy, or clinical specimen solely for the purpose of conducting an immediate clinical or diagnostic test that is not a test of DNA, RNA, mitochondrial DNA, chromosomes or proteins.

No insurer, agent or broker authorized to issue policies on the lives of persons in the commonwealth shall practice unfair discrimination against persons because of the results of a genetic test or the provision of genetic information, as defined in this section. For purposes of this section unfair discrimination means cancellation, refusing to issue or renew, charging any increased rate, restricting any length of coverage or in any way practicing discrimination against persons unless such action is taken pursuant to reliable information relating to the insured's mortality or morbidity, based on sound actuarial principles or actual or reasonably anticipated claim experience.

No insurer, agent or broker authorized to issue policies on the lives of persons in the commonwealth shall require an applicant to undergo a genetic test as a condition of the issuance or renewal of a policy on the lives of persons in the commonwealth. Any violation of this section shall constitute an unfair method of competition or unfair or deceptive act or practice in violation of chapters 93A and 176D.

In the provision of insurance on the lives of persons in the commonwealth, a company, or officer or agent thereof, or an insurance broker may ask on an application for such coverage whether or not the applicant has taken a genetic test as defined in this section. The applicant is not required to answer any questions concerning genetic testing. Any application requesting this information must contain or be accompanied by language informing the applicant that the applicant is not required to answer any questions in connection with genetic testing or information as defined in this section and language informing the applicant that the failure to do so may result in an increased rate or denial of coverage. If the applicant chooses to submit genetic information then the insurer is authorized to use that information to set the terms of a policy provided that such information is reliable information relating to the insured's mortality or morbidity, based on sound actuarial principles, or actual or reasonably anticipated experience. If the commissioner of insurance has reason to believe that such unfair discrimination as defined in this section has occurred, and that a proceeding by the commissioner would be in the interest of the public, the commissioner shall, in accordance with the provisions of chapter 176D, issue and serve upon the insurer a statement of the charges and a notice of hearing thereon. Upon a determination that the practice or act of the insurer is in conflict with the provisions of this section, the commissioner shall issue an order requiring the insurers to cease and desist from engaging in the practice or act and may order payment of a penalty pursuant to the provisions of chapter 176D.

Upon such determination, the commissioner, in consultation with the department of public health, shall hold a public hearing under chapter 30A and may, by order, determine, based on sound actuarial principles or actual or reasonably anticipated claim experience, that the genetic test which is the subject of the cease and desist order provides no reliable information relating to the insured's mortality or morbidity and that its use would constitute unfair discrimination. At least annually, the commissioner shall review any such order to assure that any such determination remains current and shall amend or rescind the order to reflect any change in the determination. The commissioner, in consultation with the department of public health after a public hearing under chapter 30A, may issue an advisory opinion on whether a genetic test provides no reliable information relating to the insured's mortality or morbidity, based on sound actuarial principles or actual or reasonably anticipated claim experience. The commissioner may promulgate rules and regulation pursuant to this section.

Massachusetts Statutes 175 § 108I

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175/Section108I

Section 108I: Disability or long term care insurance policies; genetic tests; discrimination based on genetic information

Section 108I. (a) For the purposes of this section the following words shall have the following meanings: 

''Genetic information'', a written recorded individually identifiable result of a genetic test as defined by this section or explanation of such a result.  For the purpose of this section, the term genetic information shall not include information pertaining to the abuse of drugs or alcohol which is derived from tests given for the exclusive purpose of determining the abuse of drugs or alcohol. 

''Genetic test'', a test of human DNA, RNA, mitochondrial DNA, chromosomes or proteins for the purpose of identifying genes, inherited or acquired genetic abnormalities, or the presence or absence of inherited or acquired characteristics in genetic material, which are associated with a predisposition to disease, illness, impairment or other disease processes.  For the purpose of this section, the term genetic test shall not include tests given for drugs, alcohol, cholesterol, or HIV; any test for the purpose of diagnosing or detecting an existing disease process; any test performed due to the presence of symptoms, signs or other manifestations of a disease, illness, impairment; or other disease process or any test that is taken as a biopsy, autopsy, or clinical specimen solely for the purpose of conducting an immediate clinical or diagnostic test that is not a test of DNA, RNA, mitochondrial DNA, chromosomes or proteins. 

(b) No insurer, agent or broker authorized to issue policies against disability from injury or disease or policies providing for long term care in the commonwealth shall practice unfair discrimination against persons because of the results of a genetic test or the provisions of genetic information, as defined in this section. For purposes of this section, unfair discrimination means cancellation, refusing to issue or renew, charging any increased rate, restricting any length of coverage or in any way practicing discrimination against persons unless such action is taken pursuant to reliable information relating to the insured's mortality or morbidity, based on sound actuarial principles or actual or reasonably anticipated claim experience. 

No insurer, agent or broker authorized to issue policies against disability from injury or disease or policies providing for long term care in the commonwealth shall require an applicant to undergo a genetic test as a condition of the issuance or renewal of a policy against disability from injury or disease or policies providing for long term care in the commonwealth. Any violation of this section shall constitute an unfair method of competition or unfair or deceptive act or practice in violation of chapters 93A and 176D. 

(c) In the provision of insurance against disability from injury or disease or policies providing for long term care in the commonwealth, a company, or officer or agent thereof, or an insurance broker may ask on an application for such coverage whether or not the applicant has taken a genetic as defined in this section. The applicant is not required to answer any questions concerning genetic testing. Any application requesting this information must contain or be accompanied by language informing the applicant that the applicant is not required to answer any questions in connection with genetic testing as defined in this section and language informing the applicant that the failure to do so may result in an increased rate or denial of coverage.  If the applicant chooses to submit genetic information then the insurer is authorized to use that information to set the terms of a policy provided that such information is reliable information relating to the insured's mortality or morbidity, based on sound actuarial principles, or actual or reasonably anticipated experience. If the commissioner of insurance has reason to believe that unfair discrimination as defined in this section has occurred, and that a proceeding by the commissioner would be in the interest of the public, the commissioner shall, in accordance with chapter 176D, issue and serve upon the insurer a statement of the charges and a notice of hearing thereon. Upon a determination that the practice or act of the insurer is in conflict with the provisions of this section, the commissioner shall issue an order requiring the insurer to cease and desist from engaging in the practice or act and may order payment of a penalty pursuant to the provisions of chapter 176D. 

Upon such determination, the commissioner, in consultation with the department of public health, shall hold a public hearing under chapter 30A and may, by order, determine, based on sound actuarial principles or actual or reasonably anticipated claim experience, that the genetic test which is the subject of the cease and desist order provides no reliable information relating to the insured's mortality or morbidity and that its use would constitute unfair discrimination. At least annually, the commissioner shall review any such order to assure that any such determination remains current and shall amend or rescind the order to reflect any change in the determination. The commissioner, in consultation with the department of public health after a public hearing under chapter 30A, may issue an advisory opinion on whether a genetic test provides no reliable information relating to the insured's mortality or morbidity, based on sound actuarial principles or actual or reasonably anticipated claim experience. The commissioner may promulgate rules and regulations pursuant to this section.

Massachusetts Statutes 175 § 108I

https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter175/Section108I

Section 108I: Disability or long term care insurance policies; genetic tests; discrimination based on genetic information

Section 108I. (a) For the purposes of this section the following words shall have the following meanings: 

''Genetic information'', a written recorded individually identifiable result of a genetic test as defined by this section or explanation of such a result.  For the purpose of this section, the term genetic information shall not include information pertaining to the abuse of drugs or alcohol which is derived from tests given for the exclusive purpose of determining the abuse of drugs or alcohol. 

''Genetic test'', a test of human DNA, RNA, mitochondrial DNA, chromosomes or proteins for the purpose of identifying genes, inherited or acquired genetic abnormalities, or the presence or absence of inherited or acquired characteristics in genetic material, which are associated with a predisposition to disease, illness, impairment or other disease processes.  For the purpose of this section, the term genetic test shall not include tests given for drugs, alcohol, cholesterol, or HIV; any test for the purpose of diagnosing or detecting an existing disease process; any test performed due to the presence of symptoms, signs or other manifestations of a disease, illness, impairment; or other disease process or any test that is taken as a biopsy, autopsy, or clinical specimen solely for the purpose of conducting an immediate clinical or diagnostic test that is not a test of DNA, RNA, mitochondrial DNA, chromosomes or proteins. 

(b) No insurer, agent or broker authorized to issue policies against disability from injury or disease or policies providing for long term care in the commonwealth shall practice unfair discrimination against persons because of the results of a genetic test or the provisions of genetic information, as defined in this section. For purposes of this section, unfair discrimination means cancellation, refusing to issue or renew, charging any increased rate, restricting any length of coverage or in any way practicing discrimination against persons unless such action is taken pursuant to reliable information relating to the insured's mortality or morbidity, based on sound actuarial principles or actual or reasonably anticipated claim experience. 

No insurer, agent or broker authorized to issue policies against disability from injury or disease or policies providing for long term care in the commonwealth shall require an applicant to undergo a genetic test as a condition of the issuance or renewal of a policy against disability from injury or disease or policies providing for long term care in the commonwealth. Any violation of this section shall constitute an unfair method of competition or unfair or deceptive act or practice in violation of chapters 93A and 176D. 

(c) In the provision of insurance against disability from injury or disease or policies providing for long term care in the commonwealth, a company, or officer or agent thereof, or an insurance broker may ask on an application for such coverage whether or not the applicant has taken a genetic as defined in this section. The applicant is not required to answer any questions concerning genetic testing. Any application requesting this information must contain or be accompanied by language informing the applicant that the applicant is not required to answer any questions in connection with genetic testing as defined in this section and language informing the applicant that the failure to do so may result in an increased rate or denial of coverage.  If the applicant chooses to submit genetic information then the insurer is authorized to use that information to set the terms of a policy provided that such information is reliable information relating to the insured's mortality or morbidity, based on sound actuarial principles, or actual or reasonably anticipated experience. If the commissioner of insurance has reason to believe that unfair discrimination as defined in this section has occurred, and that a proceeding by the commissioner would be in the interest of the public, the commissioner shall, in accordance with chapter 176D, issue and serve upon the insurer a statement of the charges and a notice of hearing thereon. Upon a determination that the practice or act of the insurer is in conflict with the provisions of this section, the commissioner shall issue an order requiring the insurer to cease and desist from engaging in the practice or act and may order payment of a penalty pursuant to the provisions of chapter 176D. 

Upon such determination, the commissioner, in consultation with the department of public health, shall hold a public hearing under chapter 30A and may, by order, determine, based on sound actuarial principles or actual or reasonably anticipated claim experience, that the genetic test which is the subject of the cease and desist order provides no reliable information relating to the insured's mortality or morbidity and that its use would constitute unfair discrimination. At least annually, the commissioner shall review any such order to assure that any such determination remains current and shall amend or rescind the order to reflect any change in the determination. The commissioner, in consultation with the department of public health after a public hearing under chapter 30A, may issue an advisory opinion on whether a genetic test provides no reliable information relating to the insured's mortality or morbidity, based on sound actuarial principles or actual or reasonably anticipated claim experience. The commissioner may promulgate rules and regulations pursuant to this section.

Maryland Code, Insurance §27-208

https://govt.westlaw.com/mdc/Document/N4A4398704C9911E6BFD296E5777A4078?viewType=FullText&originationContext=documenttoc&transitionType=StatuteNavigator&contextData=%28sc.Default%29

Effective: October 1, 2016

MD Code, Insurance, § 27-208

§ 27-208. Unfair discrimination between individuals of the same class and equal expectation of life

Life insurance or annuity contracts

(a) (1) A person may not make or allow unfair discrimination between individuals of the same class and equal expectation of life in:

(i) the rates charged for a contract of life insurance or an annuity contract;

(ii) the dividends or other benefits payable on a contract of life insurance or an annuity contract; or

(iii) any of the other terms or conditions of a contract of life insurance or an annuity contract.

(2) (i) Notwithstanding any other provision of this section, an insurer may not make or allow a differential in ratings, premium payments, or dividends for contracts of life insurance or annuity contracts for a reason based on the blindness or other physical handicap or disability of an applicant or policyholder.

(ii) Actuarial justification for the differential may be considered for a physical handicap or disability other than blindness or hearing impairment.

(3) Unless there is actuarial justification, an insurer may not refuse to insure or make or allow 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.

(4) With respect to a life insurance contract, an insurer may not refuse to insure, refuse to continue to insure, limit the amount or extent or kind of coverage available to an individual, or charge an individual a different rate for the same coverage solely for reasons associated with an applicant's or insured's past lawful travel experiences.

(5) (i) Except as provided in subparagraph (ii) of this paragraph, with respect to a life insurance contract, an insurer may not refuse to insure, refuse to continue to insure, limit the amount or extent or kind of coverage available to an individual, or charge an individual a different rate for the same coverage solely for reasons associated with an applicant's or insured's future lawful travel.

(ii) 1. Subparagraph (i) of this paragraph does not prohibit an insurer from excluding or limiting coverage of specific future lawful travel, or charging a differential rate for such coverage, when bona fide differences in risk or exposure have been substantiated by the use of relevant data from at least one independent reliable source, including statistical or other mathematical analysis of available data that establishes a material variation in actual or reasonably anticipated experience that correlates to the risk of specific future lawful travel.

2. Travel advisories issued by the United States Department of State do not qualify as the sole source of data for purposes of this subparagraph.

3. An insurer shall:

A. maintain the data and documents that support the insurer's determination that bona fide differences in risk or exposure exist; and 

B. make the data and documents available on request by the Commissioner.

Premiums, policy fees, or rates charged for health insurance

(b) (1) A person may not make or allow unfair discrimination between individuals of the same class and of essentially the same hazard:

(i) in the amount of premium, policy fees, or rates charged for a policy or contract of health insurance;

(ii) in the benefits payable under a policy or contract of health insurance;

(iii) in any of the terms or conditions of a policy or contract of health insurance; or

(iv) in any other manner.

(2) Notwithstanding any other provision of this section, an insurer may not make or allow a differential in ratings, premium payments, or dividends for a reason based on the sex of an applicant or policyholder unless there is actuarial justification for the differential.

(3) (i) Except as provided in § 27-909 of this title and notwithstanding any other provision of this section, an insurer may not make or allow a differential in ratings, premium payments, or dividends for contracts of health insurance for a reason based on the blindness or other physical handicap or disability of an applicant or policyholder.

(ii) Except as provided in § 27-909 of this title, actuarial justification for the differential may be considered for a physical handicap or disability other than blindness or hearing impairment.

Credits

Added by Acts 1997, c. 35, § 2, eff. Oct. 1, 1997. Amended by Acts 2005, c. 563, § 1, eff. Oct. 1, 2005; Acts 2016, c. 123, § 1, eff. Oct. 1, 2016.

Formerly Art. 48A, § 223.

MD Code, Insurance, § 27-208, MD INSURANCE § 27-208
sCurrent through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.

Maryland Code, Insurance § 18-120

https://govt.westlaw.com/mdc/Document/N4AAA578052A211DDA4C9828740B80078?viewType=FullText&originationContext=documenttoc&transitionType=CategoryPageItem&contextData=(sc.Default)&bhcp=1

Effective: October 1, 2008

MD Code, Insurance, § 18-120

§ 18-120. Prohibited acts relating to long-term insurance sales, marketing, and genetic tests

Definitions

(a)

(1) In this section the following words have the meanings indicated.

(2)

(i) “Genetic information” means information derived from a genetic test:

1. about chromosomes, genes, gene products, or inherited characteristics that may derive from an individual or a family member;

2. not obtained for diagnostic and therapeutic purposes; and

3. obtained at a time when the individual to whom the information relates is asymptomatic for the disease, disorder, illness, or impairment to which the information relates.

(ii) “Genetic information” does not include information:

1. relating to a disease, disorder, illness, or impairment that is or has been manifested or for which the individual is or has been symptomatic; or

2. derived from:

A. routine physical measurements;

B. chemical, blood, and urine analyses;

C. tests for the use of drugs;

D. tests for the presence of the human immunodeficiency virus; or

E. tests for the purpose of diagnosing a manifested disease, disorder, illness, or impairment.

(3) “Genetic services” means health services that are provided to obtain, assess, or interpret genetic information or the results of genetic tests.

(4)

(i) “Genetic test” means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes.

(ii) “Genetic test” does not include:

1. routine physical measurements;

2. chemical, blood, and urine analyses;

3. tests for the use of drugs;

4. tests for the presence of the human immunodeficiency virus; or

5. tests that are directly related to a manifested disease, disorder, illness, or impairment that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved.

Prohibited acts relating to long-term insurance sales, marketing, and genetic tests

(b) In addition to the other practices prohibited under this article, a carrier or insurance producer of a carrier that provides long-term care insurance may not:

(1) employ a method of marketing that induces or tends to induce the purchase of long-term care insurance through undue pressure;

(2) use a method of marketing that fails to disclose in a conspicuous manner that a purpose of the method of marketing is solicitation of insurance, and that contact will be made by an insurance producer or carrier;

(3) knowingly make a misleading representation or an incomplete or fraudulent comparison of policies or carriers to induce a person to lapse, forfeit, surrender, terminate, retain, pledge, assign, borrow on, or convert a policy or take out a policy with another carrier;

(4) request or require a genetic test to:

(i) deny or limit the amount, extent, or kind of long-term care insurance coverage available to an individual; or

(ii) charge a different rate for the same long-term care insurance coverage; or

(5) use a genetic test, the results of a genetic test, genetic information, or a request for genetic services to:

(i) deny or limit the amount, extent, or kind of long-term care insurance coverage available to an individual; or

(ii) charge a different rate for the same long-term care insurance.

Permissible uses of genetic test results

(c) Notwithstanding subsection (b)(5) of this section, if the use is based on sound actuarial principles, the results of a genetic test or genetic information may be used to:

(1) deny or limit the amount, extent, or kind of long-term care insurance coverage made available to an individual; or

(2) charge a different rate for the same long-term care insurance.

Credits

Added by Acts 1997, c. 35, § 2, eff. Oct. 1, 1997. Amended by Acts 2001, c. 731, § 1, eff. July 2, 2001; Acts 2008, c. 631, § 1, eff. Oct. 1, 2008; Acts 2008, c. 632, § 1, eff. Oct. 1, 2008.

Formerly Art. 48A, § 649.1.  

MD Code, Insurance, § 18-120, MD INSURANCE § 18-120
Current through legislation effective through June 1, 2022, from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.

Maine Revised Statutes Title 24-A § 2159-C

https://mainelegislature.org/legis/statutes/24-a/title24-Asec2159-C.html

§2159-C. Discrimination on the basis of genetic information or testing

1. Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
   1. "Genetic characteristic" means any inherited gene or chromosome, or alteration of a gene or chromosome, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.   [PL 1997, c. 677, §2 (NEW).]
   2. "Genetic information" means the information concerning genes, gene products or inherited characteristics that may be obtained from an individual or family member.   [PL 1997, c. 677, §2 (NEW).]
   3. "Genetic test" means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids, such as deoxyribonucleic acid, or DNA, ribonucleic acid, or RNA, or mitochondrial DNA, and tests of chromosomes or proteins in order to identify a predisposing genetic characteristic.   [PL 1997, c. 677, §2 (NEW).]
   4. "Carrier" means an insurer, nonprofit hospital and medical service organization or health maintenance organization.   [PL 2009, c. 244, Pt. D, §1 (NEW).]
      [PL 2009, c. 244, Pt. D, §1 (AMD).]
2. Discrimination in health, hospital and dental insurance.  A carrier that issues individual or group hospital, health or dental insurance is subject to the requirements of this subsection. This subsection does not apply to accidental injury, specified disease, hospital indemnity, disability, long-term care and other limited benefit health insurance policies and contracts.
   1. A carrier may not discriminate against an individual or eligible dependent on the basis of genetic information or the refusal to submit to a genetic test or make available the results of a genetic test or on the basis that the individual or eligible dependent received a genetic test or genetic counseling in the issuance, withholding, extension or renewal of any hospital confinement or other health insurance, as defined by the superintendent, by rule, or in the fixing of the rates, terms or conditions for insurance, or in the issuance or acceptance of any application for insurance.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   2. Except as provided in this paragraph, a carrier may not request or require an individual to undergo a genetic test.
      1. Nothing in this subsection limits the authority of a health care professional who is providing health care services to an individual to request that that individual undergo a genetic test. 
      2. A carrier may request, but not require, that an individual undergo a genetic test if the conditions described in this subparagraph are met:
         1. The request is made pursuant to research that complies with 45 Code of Federal Regulations, Part 46 or equivalent federal regulations and any applicable state or local laws, rules or regulations for the protection of human subjects in research; 
         2. The carrier clearly indicates to the individual to whom the request is made, or in the case of a minor child to the legal guardian of the individual, that compliance with the request is voluntary and noncompliance will have no effect on enrollment status or premium or contribution amounts; 
         3. Genetic information collected or acquired under this subparagraph is not used for purposes of determining eligibility for benefits, computing premium or contribution amounts, applying any preexisting condition exclusion or any other activities related to the creation, renewal or replacement of a health insurance contract; and
         4. The carrier complies with all applicable federal laws and regulations.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   3. A carrier may not request, require or purchase genetic information for purposes of determining eligibility for benefits, computing premium or contribution amounts, applying any preexisting condition exclusion or any other activities related to the creation, renewal or replacement of a health insurance contract.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   4. A carrier may not request, require or purchase genetic information with respect to an individual prior to the individual's enrollment under the plan or coverage in connection with the enrollment.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   5. If a carrier obtains genetic information incidental to the requesting, requiring or purchasing of other information concerning an individual, the request, requirement or purchase is not considered a violation of paragraph D if the request, requirement or purchase is not in violation of paragraph C.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   6. A reference in this subsection to genetic information concerning an individual includes: 
      1. With respect to an individual who is a pregnant woman, genetic information of any fetus carried by that individual; and 
      2. With respect to an individual using an assisted reproductive technology, genetic information of any embryo legally held by the individual.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
         [PL 2009, c. 244, Pt. D, §2 (RPR).]
3. Discrimination in life, disability and long-term care insurance.  An insurer may not make or permit any unfair discrimination against an individual in the application of genetic information or the results of a genetic test in the issuance, withholding, extension or renewal of an insurance policy for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance or an annuity. For the purposes of this subsection, "unfair discrimination" includes, but is not limited to, the application of the results of a genetic test in a manner that is not reasonably related to anticipated claims experience. 
   1. If the superintendent has reason to believe that unfair discrimination has occurred and that a proceeding by the superintendent is in the interest of the public, the superintendent, in accordance with chapter 3, shall serve upon the insurer a statement of the charges. Upon a determination that the practice or act of the insurer is in conflict with this subsection, the superintendent shall issue an order requiring the insurer to cease and desist from engaging in the practice or act and may order payment of a penalty consistent with the provisions of section 12-A.   [PL 1997, c. 677, §2 (NEW).]
   2. If, in the issuance, withholding, extension or renewal of an insurance policy covered by this subsection, an insurer uses the results of a genetic test in compliance with this subsection, the insurer shall notify the individual who is the subject of the genetic test that such a test is required and shall obtain the individual's authorization in accordance with the requirements of chapter 24. If a genetic test is required, the insurer shall ensure that the individual states in writing whether the individual wishes to be informed of the test results and, if authorized by the individual, shall provide a copy of the test results, along with a written interpretation of the results by a qualified professional, to the individual or to a physician or other health care practitioner designated by the individual.   [PL 1997, c. 677, §2 (NEW).]
      [PL 1997, c. 677, §2 (NEW).]
4. Use of information obtained through direct-to-consumer genetic testing.  In connection with the issuance, withholding, extension or renewal of an insurance policy for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance or an annuity, an insurer may not request, require, purchase or use information obtained from an entity providing direct-to-consumer genetic testing without the informed written consent of the individual who has been tested.  
   [PL 2019, c. 208, §1 (NEW).]
   SECTION HISTORY PL 1997, c. 677, §2 (NEW). PL 2009, c. 244, Pt. D, §§1, 2 (AMD). PL 2019, c. 208, §1 (AMD).

If genetic tests are used for a policy, the insurer must notify the insured and obtain in writing whether the individual wishes to be informed of the test results; insurer cannot request info from DTC company.

Maine Revised Statutes Title 24-A § 2159-C

https://mainelegislature.org/legis/statutes/24-a/title24-Asec2159-C.html

§2159-C. Discrimination on the basis of genetic information or testing

1. Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
   1. "Genetic characteristic" means any inherited gene or chromosome, or alteration of a gene or chromosome, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.   [PL 1997, c. 677, §2 (NEW).]
   2. "Genetic information" means the information concerning genes, gene products or inherited characteristics that may be obtained from an individual or family member.   [PL 1997, c. 677, §2 (NEW).]
   3. "Genetic test" means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids, such as deoxyribonucleic acid, or DNA, ribonucleic acid, or RNA, or mitochondrial DNA, and tests of chromosomes or proteins in order to identify a predisposing genetic characteristic.   [PL 1997, c. 677, §2 (NEW).]
   4. "Carrier" means an insurer, nonprofit hospital and medical service organization or health maintenance organization.   [PL 2009, c. 244, Pt. D, §1 (NEW).]
      [PL 2009, c. 244, Pt. D, §1 (AMD).]
2. Discrimination in health, hospital and dental insurance.  A carrier that issues individual or group hospital, health or dental insurance is subject to the requirements of this subsection. This subsection does not apply to accidental injury, specified disease, hospital indemnity, disability, long-term care and other limited benefit health insurance policies and contracts.
   1. A carrier may not discriminate against an individual or eligible dependent on the basis of genetic information or the refusal to submit to a genetic test or make available the results of a genetic test or on the basis that the individual or eligible dependent received a genetic test or genetic counseling in the issuance, withholding, extension or renewal of any hospital confinement or other health insurance, as defined by the superintendent, by rule, or in the fixing of the rates, terms or conditions for insurance, or in the issuance or acceptance of any application for insurance.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   2. Except as provided in this paragraph, a carrier may not request or require an individual to undergo a genetic test.
      1. Nothing in this subsection limits the authority of a health care professional who is providing health care services to an individual to request that that individual undergo a genetic test. 
      2. A carrier may request, but not require, that an individual undergo a genetic test if the conditions described in this subparagraph are met:
         1. The request is made pursuant to research that complies with 45 Code of Federal Regulations, Part 46 or equivalent federal regulations and any applicable state or local laws, rules or regulations for the protection of human subjects in research; 
         2. The carrier clearly indicates to the individual to whom the request is made, or in the case of a minor child to the legal guardian of the individual, that compliance with the request is voluntary and noncompliance will have no effect on enrollment status or premium or contribution amounts; 
         3. Genetic information collected or acquired under this subparagraph is not used for purposes of determining eligibility for benefits, computing premium or contribution amounts, applying any preexisting condition exclusion or any other activities related to the creation, renewal or replacement of a health insurance contract; and
         4. The carrier complies with all applicable federal laws and regulations.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   3. A carrier may not request, require or purchase genetic information for purposes of determining eligibility for benefits, computing premium or contribution amounts, applying any preexisting condition exclusion or any other activities related to the creation, renewal or replacement of a health insurance contract.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   4. A carrier may not request, require or purchase genetic information with respect to an individual prior to the individual's enrollment under the plan or coverage in connection with the enrollment.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   5. If a carrier obtains genetic information incidental to the requesting, requiring or purchasing of other information concerning an individual, the request, requirement or purchase is not considered a violation of paragraph D if the request, requirement or purchase is not in violation of paragraph C.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   6. A reference in this subsection to genetic information concerning an individual includes: 
      1. With respect to an individual who is a pregnant woman, genetic information of any fetus carried by that individual; and 
      2. With respect to an individual using an assisted reproductive technology, genetic information of any embryo legally held by the individual.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
         [PL 2009, c. 244, Pt. D, §2 (RPR).]
3. Discrimination in life, disability and long-term care insurance.  An insurer may not make or permit any unfair discrimination against an individual in the application of genetic information or the results of a genetic test in the issuance, withholding, extension or renewal of an insurance policy for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance or an annuity. For the purposes of this subsection, "unfair discrimination" includes, but is not limited to, the application of the results of a genetic test in a manner that is not reasonably related to anticipated claims experience. 
   1. If the superintendent has reason to believe that unfair discrimination has occurred and that a proceeding by the superintendent is in the interest of the public, the superintendent, in accordance with chapter 3, shall serve upon the insurer a statement of the charges. Upon a determination that the practice or act of the insurer is in conflict with this subsection, the superintendent shall issue an order requiring the insurer to cease and desist from engaging in the practice or act and may order payment of a penalty consistent with the provisions of section 12-A.   [PL 1997, c. 677, §2 (NEW).]
   2. If, in the issuance, withholding, extension or renewal of an insurance policy covered by this subsection, an insurer uses the results of a genetic test in compliance with this subsection, the insurer shall notify the individual who is the subject of the genetic test that such a test is required and shall obtain the individual's authorization in accordance with the requirements of chapter 24. If a genetic test is required, the insurer shall ensure that the individual states in writing whether the individual wishes to be informed of the test results and, if authorized by the individual, shall provide a copy of the test results, along with a written interpretation of the results by a qualified professional, to the individual or to a physician or other health care practitioner designated by the individual.   [PL 1997, c. 677, §2 (NEW).]
      [PL 1997, c. 677, §2 (NEW).]
4. Use of information obtained through direct-to-consumer genetic testing.  In connection with the issuance, withholding, extension or renewal of an insurance policy for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance or an annuity, an insurer may not request, require, purchase or use information obtained from an entity providing direct-to-consumer genetic testing without the informed written consent of the individual who has been tested.  
   [PL 2019, c. 208, §1 (NEW).]
   SECTION HISTORY PL 1997, c. 677, §2 (NEW). PL 2009, c. 244, Pt. D, §§1, 2 (AMD). PL 2019, c. 208, §1 (AMD).

If genetic tests are used for a policy, the insurer must notify the insured and obtain in writing whether the individual wishes to be informed of the test results; insurer cannot request info from DTC company.

Maine Revised Statutes Title 24-A § 2159-C

https://mainelegislature.org/legis/statutes/24-a/title24-Asec2159-C.html

§2159-C. Discrimination on the basis of genetic information or testing

1. Definitions.  As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
   1. "Genetic characteristic" means any inherited gene or chromosome, or alteration of a gene or chromosome, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.   [PL 1997, c. 677, §2 (NEW).]
   2. "Genetic information" means the information concerning genes, gene products or inherited characteristics that may be obtained from an individual or family member.   [PL 1997, c. 677, §2 (NEW).]
   3. "Genetic test" means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids, such as deoxyribonucleic acid, or DNA, ribonucleic acid, or RNA, or mitochondrial DNA, and tests of chromosomes or proteins in order to identify a predisposing genetic characteristic.   [PL 1997, c. 677, §2 (NEW).]
   4. "Carrier" means an insurer, nonprofit hospital and medical service organization or health maintenance organization.   [PL 2009, c. 244, Pt. D, §1 (NEW).]
      [PL 2009, c. 244, Pt. D, §1 (AMD).]
2. Discrimination in health, hospital and dental insurance.  A carrier that issues individual or group hospital, health or dental insurance is subject to the requirements of this subsection. This subsection does not apply to accidental injury, specified disease, hospital indemnity, disability, long-term care and other limited benefit health insurance policies and contracts.
   1. A carrier may not discriminate against an individual or eligible dependent on the basis of genetic information or the refusal to submit to a genetic test or make available the results of a genetic test or on the basis that the individual or eligible dependent received a genetic test or genetic counseling in the issuance, withholding, extension or renewal of any hospital confinement or other health insurance, as defined by the superintendent, by rule, or in the fixing of the rates, terms or conditions for insurance, or in the issuance or acceptance of any application for insurance.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   2. Except as provided in this paragraph, a carrier may not request or require an individual to undergo a genetic test.
      1. Nothing in this subsection limits the authority of a health care professional who is providing health care services to an individual to request that that individual undergo a genetic test. 
      2. A carrier may request, but not require, that an individual undergo a genetic test if the conditions described in this subparagraph are met:
         1. The request is made pursuant to research that complies with 45 Code of Federal Regulations, Part 46 or equivalent federal regulations and any applicable state or local laws, rules or regulations for the protection of human subjects in research; 
         2. The carrier clearly indicates to the individual to whom the request is made, or in the case of a minor child to the legal guardian of the individual, that compliance with the request is voluntary and noncompliance will have no effect on enrollment status or premium or contribution amounts; 
         3. Genetic information collected or acquired under this subparagraph is not used for purposes of determining eligibility for benefits, computing premium or contribution amounts, applying any preexisting condition exclusion or any other activities related to the creation, renewal or replacement of a health insurance contract; and
         4. The carrier complies with all applicable federal laws and regulations.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   3. A carrier may not request, require or purchase genetic information for purposes of determining eligibility for benefits, computing premium or contribution amounts, applying any preexisting condition exclusion or any other activities related to the creation, renewal or replacement of a health insurance contract.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   4. A carrier may not request, require or purchase genetic information with respect to an individual prior to the individual's enrollment under the plan or coverage in connection with the enrollment.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   5. If a carrier obtains genetic information incidental to the requesting, requiring or purchasing of other information concerning an individual, the request, requirement or purchase is not considered a violation of paragraph D if the request, requirement or purchase is not in violation of paragraph C.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
   6. A reference in this subsection to genetic information concerning an individual includes: 
      1. With respect to an individual who is a pregnant woman, genetic information of any fetus carried by that individual; and 
      2. With respect to an individual using an assisted reproductive technology, genetic information of any embryo legally held by the individual.   [PL 2009, c. 244, Pt. D, §2 (NEW).]
         [PL 2009, c. 244, Pt. D, §2 (RPR).]
3. Discrimination in life, disability and long-term care insurance.  An insurer may not make or permit any unfair discrimination against an individual in the application of genetic information or the results of a genetic test in the issuance, withholding, extension or renewal of an insurance policy for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance or an annuity. For the purposes of this subsection, "unfair discrimination" includes, but is not limited to, the application of the results of a genetic test in a manner that is not reasonably related to anticipated claims experience. 
   1. If the superintendent has reason to believe that unfair discrimination has occurred and that a proceeding by the superintendent is in the interest of the public, the superintendent, in accordance with chapter 3, shall serve upon the insurer a statement of the charges. Upon a determination that the practice or act of the insurer is in conflict with this subsection, the superintendent shall issue an order requiring the insurer to cease and desist from engaging in the practice or act and may order payment of a penalty consistent with the provisions of section 12-A.   [PL 1997, c. 677, §2 (NEW).]
   2. If, in the issuance, withholding, extension or renewal of an insurance policy covered by this subsection, an insurer uses the results of a genetic test in compliance with this subsection, the insurer shall notify the individual who is the subject of the genetic test that such a test is required and shall obtain the individual's authorization in accordance with the requirements of chapter 24. If a genetic test is required, the insurer shall ensure that the individual states in writing whether the individual wishes to be informed of the test results and, if authorized by the individual, shall provide a copy of the test results, along with a written interpretation of the results by a qualified professional, to the individual or to a physician or other health care practitioner designated by the individual.   [PL 1997, c. 677, §2 (NEW).]
      [PL 1997, c. 677, §2 (NEW).]
4. Use of information obtained through direct-to-consumer genetic testing.  In connection with the issuance, withholding, extension or renewal of an insurance policy for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance or an annuity, an insurer may not request, require, purchase or use information obtained from an entity providing direct-to-consumer genetic testing without the informed written consent of the individual who has been tested.  
   [PL 2019, c. 208, §1 (NEW).]
   SECTION HISTORY PL 1997, c. 677, §2 (NEW). PL 2009, c. 244, Pt. D, §§1, 2 (AMD). PL 2019, c. 208, §1 (AMD).

If genetic tests are used for a policy, the insurer must notify the insured and obtain in writing whether the individual wishes to be informed of the test results; insurer cannot request info from DTC company.

Minnesota Statutes § 72A.139

https://www.revisor.mn.gov/statutes/cite/72A.139

72A.139 USE OF GENETIC TESTS.

     Subdivision 1. Name and citation. This section shall be known and may be cited as the "Genetic Discrimination Act."

     Subd. 2.Definitions. (a) As used in this section, "commissioner" means the commissioner of commerce for health plan companies and other insurers regulated by that commissioner and the commissioner of health for health plan companies regulated by that commissioner.

     (b) As used in this section, a "genetic test" means a presymptomatic test of a person's genes, gene products, or chromosomes for the purpose of determining the presence or absence of a gene or genes that exhibit abnormalities, defects, or deficiencies, including carrier status, that are known to be the cause of a disease or disorder, or are determined to be associated with a statistically increased risk of development of a disease or disorder. "Genetic test" does not include a cholesterol test or other test not conducted for the purpose of determining the presence or absence of a person's gene or genes.

     (c) As used in this section, "health plan" has the meaning given in section 62Q.01, subdivision 3.

     (d) As used in this section, "health plan company" has the meaning given in section 62Q.01, subdivision 4.

     (e) As used in this section, "individual" means an applicant for coverage or a person already covered by the health plan company or other insurer.

     Subd. 3. Prohibited acts; health plan companies. A health plan company, in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision, shall not, in connection with the offer, sale, or renewal of a health plan:

     (1) require or request an individual or a blood relative of the individual to take a genetic test;

     (2) make any inquiry to determine whether an individual or a blood relative of the individual has taken or refused a genetic test, or what the results of any such test were;

     (3) take into consideration the fact that a genetic test was taken or refused by an individual or blood relative of the individual; or

     (4) take into consideration the results of a genetic test taken by an individual or a blood relative of the individual.

     Subd. 4. Application. Subdivisions 5, 6, and 7 apply only to a life insurance company or fraternal benefit society requiring a genetic test for the purpose of determining insurability under a policy of life insurance.

     Subd. 5. Informed consent. If an individual agrees to take a genetic test, the life insurance company or fraternal benefit society shall obtain the individual's written informed consent for the test. Written informed consent must include, at a minimum, a description of the specific test to be performed; its purpose, potential uses, and limitations; the meaning of its results; and the right to confidential treatment of the results. The written informed consent must inform the individual that the individual should consider consulting with a genetic counselor prior to taking the test and must state whether the insurer will pay for any such consultation. An informed consent disclosure form must be approved by the commissioner prior to its use.

     Subd. 6. Notification. The life insurance company or fraternal benefit society shall notify an individual of a genetic test result by notifying the individual or the individual's designated physician. If the individual tested has not given written consent authorizing a physician to receive the test results, the individual must be urged, at the time that the individual is informed of the genetic test result described in this subdivision, to contact a genetic counselor or other health care professional.

     Subd. 7. Payment for test. A life insurance company or fraternal benefit society shall not require an individual to submit to a genetic test unless the cost of the test is paid by the life insurance company or fraternal benefit society.

     Subd. 8. Enforcement. A violation of this section is subject to the investigative and enforcement authority of the commissioner, who shall enforce this section.

History: 1995 c 251 s 1

Montana Statutes 33-18-206

https://leg.mt.gov/bills/mca/title_0330/chapter_0180/part_0020/section_0060/0330-0180-0020-0060.html

Montana Code Annotated 2021

TITLE 33. INSURANCE AND INSURANCE COMPANIES
CHAPTER 18. UNFAIR TRADE PRACTICES
Part 2. Insurer's Relations With Insured and Claimant

Unfair Discrimination Prohibited -- Life Insurance, Annuities, And Disability Insurance

33-18-206. Unfair discrimination prohibited -- life insurance, annuities, and disability insurance.

     (1) No person shall make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable thereon or in any other of the terms and conditions of such contract.

     (2) No person shall make or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of disability insurance or in the benefits payable thereunder or in any of the terms or conditions of such contract or in any other manner whatever.

     (3) An insurer may not refuse to consider an application for life or disability insurance on the basis of a genetic condition, developmental delay, or developmental disability.

     (4) The rejection of an application or the determining of rates, terms, or conditions of a life or disability insurance contract on the basis of genetic condition, developmental delay, or developmental disability constitutes unfair discrimination unless the applicant's medical condition and history and either claims experience or actuarial projections establish that substantial differences in claims are likely to result from the genetic condition, developmental delay, or developmental disability.

     (5) As used in this section, the following definitions apply:

     (a) "Developmental delay" means a delay of at least 1 1/2 standard deviations from the norm.

     (b) "Developmental disability" means the singular of developmental disabilities as defined in 53-20-202.

     (c) "Genetic condition" means a specific chromosomal or single-gene genetic condition.

History: En. Sec. 211, Ch. 286, L. 1959; R.C.M. 1947, 40-3509; amd. Sec. 1, Ch. 318, L. 1991. 

Montana Statutes 33-18-206

https://leg.mt.gov/bills/mca/title_0330/chapter_0180/part_0020/section_0060/0330-0180-0020-0060.html

Montana Code Annotated 2021

TITLE 33. INSURANCE AND INSURANCE COMPANIES
CHAPTER 18. UNFAIR TRADE PRACTICES
Part 2. Insurer's Relations With Insured and Claimant

Unfair Discrimination Prohibited -- Life Insurance, Annuities, And Disability Insurance

33-18-206. Unfair discrimination prohibited -- life insurance, annuities, and disability insurance.

     (1) No person shall make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any contract of life insurance or of life annuity or in the dividends or other benefits payable thereon or in any other of the terms and conditions of such contract.

     (2) No person shall make or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of disability insurance or in the benefits payable thereunder or in any of the terms or conditions of such contract or in any other manner whatever.

     (3) An insurer may not refuse to consider an application for life or disability insurance on the basis of a genetic condition, developmental delay, or developmental disability.

     (4) The rejection of an application or the determining of rates, terms, or conditions of a life or disability insurance contract on the basis of genetic condition, developmental delay, or developmental disability constitutes unfair discrimination unless the applicant's medical condition and history and either claims experience or actuarial projections establish that substantial differences in claims are likely to result from the genetic condition, developmental delay, or developmental disability.

     (5) As used in this section, the following definitions apply:

     (a) "Developmental delay" means a delay of at least 1 1/2 standard deviations from the norm.

     (b) "Developmental disability" means the singular of developmental disabilities as defined in 53-20-202.

     (c) "Genetic condition" means a specific chromosomal or single-gene genetic condition.

History: En. Sec. 211, Ch. 286, L. 1959; R.C.M. 1947, 40-3509; amd. Sec. 1, Ch. 318, L. 1991. 

North Carolina Statutes § 58-58-25

https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_58/GS_58-58-25.pdf

58-58-25. Policies to be issued to any person possessing the sickle cell trait or hemoglobin C trait.

No insurance company licensed in this State pursuant to the provisions of Articles 1 through 64 of this Chapter shall refuse to issue or deliver any policy of life insurance authorized thereunder solely by reason of the fact that the person to be insured possesses sickle cell trait or hemoglobin C trait; ?nor shall any such policy issued and delivered in this State carry a higher premium rate or charge by reason of the fact that the person to be insured possesses said traits. ?

The term “sickle cell trait” is defined as the condition wherein the major natural hemoglobin components present in the blood of the individual are hemoglobin A (normal) and hemoglobin S (sickle hemoglobin) as defined by standard chemical and physical analytic techniques, including electrophoresis, and the proportion of hemoglobin A is greater than the proportion of hemoglobin S or one natural parent of the individual is shown to have only normal hemoglobin components (hemoglobin A, hemoglobin A2, hemoglobin F) in the normal proportions by standard chemical and physical analytic tests. ?

The term “hemoglobin C trait” is defined as the condition wherein the major natural hemoglobin components present in the blood of the individual are hemoglobin A (normal) and hemoglobin C as defined by standard chemical and physical analytic techniques, including electrophoresis, and the proportion of hemoglobin A is greater than the proportion of hemoglobin C or one natural parent of the individual is shown to have only normal hemoglobin components (hemoglobin A, hemoglobin A2, hemoglobin F) in the normal proportions by standard chemical and physical analytic tests.

New Hampshire Statutes § 141-H:5

https://www.gencourt.state.nh.us/rsa/html/X/141-H/141-H-mrg.htm

    141-H:1 Definitions. –
In this chapter:
I. "Disability income insurance" means insurance intended to protect against loss of occupational earning capacity arising from injury, sickness, or disablement, including insurance that provides benefits for overhead expenses or purchase of a business or profession when the insured becomes disabled.
II. "Employment" means work performed by an employee for an employer for remuneration.
III. "Employment agency" has the meaning given in RSA 354-A:2, VIII.
IV. "Genetic testing" means a test, examination, or analysis which is generally accepted in the scientific and medical communities for the purpose of identifying the presence, absence, or alteration of any gene or chromosome, and any report, interpretation, or evaluation of such a test, examination, or analysis, but excludes any otherwise lawful test, examination, or analysis that is undertaken for the purpose of determining whether an individual meets reasonable functional standards for a specific job or task.
V. "Health insurance" means any arrangement with any entity which pays medical claims on behalf of an individual, an employee, or dependents, including any such arrangement evidenced by a hospital or medical policy or certificate, hospital or medical service plan or contract, or health maintenance organization group or individual subscriber contract, or self insurance plan or contract, or other evidence of coverage, except for the purposes of this chapter, "health insurance" shall not mean life, disability income, or long-term care insurance.
VI. "Individual" means a human being.
VII. "Labor organization" has the meaning given in RSA 354-A:2, X.
VIII. "Licensing agency" means a unit of government which is authorized to grant, deny, renew, revoke, suspend, annul, withdraw, or amend an occupation license.
IX. "Life insurance" means insurance in which the risk contemplated is the death of a particular individual upon which event the insurer pays a stipulated sum, or the type of insurance defined in RSA 401:1, III.
X. "Long-term care insurance" means the types of insurance defined in RSA 415-D:3, V.
XI. "Person" includes a human being, an association or organization, a trust, corporation, and partnership.

Source. 1995, 101:1, eff. Jan. 1, 1996.

    141-H:2 Conditions of Genetic Testing. –
I. Except as otherwise provided in this chapter, no individual or member of the individual's family shall be required to undergo genetic testing as a condition of doing business with another person.
II. Except as required to establish paternity under RSA 522, or as required to test newborns for metabolic disorders under RSA 132:10-a, or as required for purposes of criminal investigations and prosecutions, or as is necessary to the functions of the office of chief medical examiner, no genetic testing shall be done in this state on any individual or anywhere on any resident of this state based on bodily materials obtained within this state, without the prior written and informed consent of the individual to be tested, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. The results of any such test shall be provided only to those persons approved in writing by the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. No person shall refuse to perform genetic testing, or to arrange for genetic testing to be performed, or to do business with an individual, solely because the individual to be tested refuses to consent to providing the test results to some or all persons.
III. Except as provided in paragraph II, or authorized by RSA 141-J, no person shall disclose to any other person that an individual has undergone genetic testing, and no person shall disclose the results of such testing to any other person, without the prior written and informed consent of the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person.
IV. Nothing in this section shall be construed to regulate or apply to genetic testing or genetic analysis used for diagnosis and treatment of a patient by a clinical laboratory that has received a specimen referral from the individual patient's treating physician, genetic counselor, or another clinical laboratory. Nothing in this section shall be construed so as to waive the requirement that the treating physician obtain specific informed consent in accordance with the provisions of this section.

Source. 1995, 101:1. 2000, 304:1. 2008, 186:2. 2013, 271:7, eff. July 1, 2013.

    141-H:3 Use of Genetic Testing in Employment Situations. –
I. No employer, labor organization, employment agency, or licensing agency shall directly or indirectly:
(a) Solicit, require or administer genetic testing relating to any individual as a condition of employment, labor organization membership, or licensure.
(b) Affect the terms, conditions, or privileges of employment, labor organization membership, or licensure or terminate the employment, labor organization membership, or licensure of any individual based on genetic testing.
II. Except as provided in paragraph IV of this section, no person shall sell or otherwise provide to an employer, labor organization, employment agency or licensing agency any genetic testing relating to an employee, labor organization member or licensee or to a prospective employee, labor organization member or licensee.
III. Any agreement between an employer, labor organization, employment agency, or licensing agency and an individual offering employment, labor organization membership, licensure, or any pay or benefit to that individual in return for taking a genetic test is prohibited.
IV. This section shall not prohibit the genetic testing of an employee who requests to undergo genetic testing and who provides written and informed consent to genetic testing for any of the following purposes:
(a) Investigating a worker's compensation claim under RSA 281-A.
(b) Determining the employee's susceptibility or level of exposure to potentially toxic chemicals or potentially toxic substances in the workplace, if the employer does not terminate the employee, or take any other action that adversely affects any term, condition, or privilege of the employee's employment, as a result of genetic testing.
V. This section shall not prohibit or limit genetic testing for evidence of insurability with respect to life, disability income, or long-term care insurance under the terms of an employee benefit plan.

Source. 1995, 101:1, eff. Jan. 1, 1996.

    141-H:4 Use of Genetic Testing in Health Insurance. –
A health insurer in connection with providing health insurance shall not:
I. Require or request directly or indirectly any individual or a member of the individual's family to undergo genetic testing.
II. Require or request directly or indirectly any individual to reveal whether the individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.
III. Condition the provision of health insurance coverage or health care benefits on whether an individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.
IV. Consider in the determination of rates or any other aspect of health insurance coverage or health care benefits provided to an individual whether an individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.

Source. 1995, 101:1, eff. Jan. 1, 1996.

    141-H:5 Use of Genetic Testing in Life, Disability Income, and Long-Term Care Insurance. –
I. Except as provided in paragraph II of this section, the provisions of this chapter shall not apply to the provision of life insurance, disability income insurance, or long-term care insurance.
II. A person in the business of providing life, disability income, or long-term care insurance who obtains information with respect to any genetic testing of an individual or a member of the individual's family shall not use that information in writing a type of insurance coverage other than life, disability income, or long-term care insurance.

Source. 1995, 101:1, eff. Jan. 1, 1996.

New Hampshire Statutes § 141-H:5

https://www.gencourt.state.nh.us/rsa/html/X/141-H/141-H-mrg.htm

    141-H:1 Definitions. –
In this chapter:
I. "Disability income insurance" means insurance intended to protect against loss of occupational earning capacity arising from injury, sickness, or disablement, including insurance that provides benefits for overhead expenses or purchase of a business or profession when the insured becomes disabled.
II. "Employment" means work performed by an employee for an employer for remuneration.
III. "Employment agency" has the meaning given in RSA 354-A:2, VIII.
IV. "Genetic testing" means a test, examination, or analysis which is generally accepted in the scientific and medical communities for the purpose of identifying the presence, absence, or alteration of any gene or chromosome, and any report, interpretation, or evaluation of such a test, examination, or analysis, but excludes any otherwise lawful test, examination, or analysis that is undertaken for the purpose of determining whether an individual meets reasonable functional standards for a specific job or task.
V. "Health insurance" means any arrangement with any entity which pays medical claims on behalf of an individual, an employee, or dependents, including any such arrangement evidenced by a hospital or medical policy or certificate, hospital or medical service plan or contract, or health maintenance organization group or individual subscriber contract, or self insurance plan or contract, or other evidence of coverage, except for the purposes of this chapter, "health insurance" shall not mean life, disability income, or long-term care insurance.
VI. "Individual" means a human being.
VII. "Labor organization" has the meaning given in RSA 354-A:2, X.
VIII. "Licensing agency" means a unit of government which is authorized to grant, deny, renew, revoke, suspend, annul, withdraw, or amend an occupation license.
IX. "Life insurance" means insurance in which the risk contemplated is the death of a particular individual upon which event the insurer pays a stipulated sum, or the type of insurance defined in RSA 401:1, III.
X. "Long-term care insurance" means the types of insurance defined in RSA 415-D:3, V.
XI. "Person" includes a human being, an association or organization, a trust, corporation, and partnership.

Source. 1995, 101:1, eff. Jan. 1, 1996.

    141-H:2 Conditions of Genetic Testing. –
I. Except as otherwise provided in this chapter, no individual or member of the individual's family shall be required to undergo genetic testing as a condition of doing business with another person.
II. Except as required to establish paternity under RSA 522, or as required to test newborns for metabolic disorders under RSA 132:10-a, or as required for purposes of criminal investigations and prosecutions, or as is necessary to the functions of the office of chief medical examiner, no genetic testing shall be done in this state on any individual or anywhere on any resident of this state based on bodily materials obtained within this state, without the prior written and informed consent of the individual to be tested, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. The results of any such test shall be provided only to those persons approved in writing by the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. No person shall refuse to perform genetic testing, or to arrange for genetic testing to be performed, or to do business with an individual, solely because the individual to be tested refuses to consent to providing the test results to some or all persons.
III. Except as provided in paragraph II, or authorized by RSA 141-J, no person shall disclose to any other person that an individual has undergone genetic testing, and no person shall disclose the results of such testing to any other person, without the prior written and informed consent of the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person.
IV. Nothing in this section shall be construed to regulate or apply to genetic testing or genetic analysis used for diagnosis and treatment of a patient by a clinical laboratory that has received a specimen referral from the individual patient's treating physician, genetic counselor, or another clinical laboratory. Nothing in this section shall be construed so as to waive the requirement that the treating physician obtain specific informed consent in accordance with the provisions of this section.

Source. 1995, 101:1. 2000, 304:1. 2008, 186:2. 2013, 271:7, eff. July 1, 2013.

    141-H:3 Use of Genetic Testing in Employment Situations. –
I. No employer, labor organization, employment agency, or licensing agency shall directly or indirectly:
(a) Solicit, require or administer genetic testing relating to any individual as a condition of employment, labor organization membership, or licensure.
(b) Affect the terms, conditions, or privileges of employment, labor organization membership, or licensure or terminate the employment, labor organization membership, or licensure of any individual based on genetic testing.
II. Except as provided in paragraph IV of this section, no person shall sell or otherwise provide to an employer, labor organization, employment agency or licensing agency any genetic testing relating to an employee, labor organization member or licensee or to a prospective employee, labor organization member or licensee.
III. Any agreement between an employer, labor organization, employment agency, or licensing agency and an individual offering employment, labor organization membership, licensure, or any pay or benefit to that individual in return for taking a genetic test is prohibited.
IV. This section shall not prohibit the genetic testing of an employee who requests to undergo genetic testing and who provides written and informed consent to genetic testing for any of the following purposes:
(a) Investigating a worker's compensation claim under RSA 281-A.
(b) Determining the employee's susceptibility or level of exposure to potentially toxic chemicals or potentially toxic substances in the workplace, if the employer does not terminate the employee, or take any other action that adversely affects any term, condition, or privilege of the employee's employment, as a result of genetic testing.
V. This section shall not prohibit or limit genetic testing for evidence of insurability with respect to life, disability income, or long-term care insurance under the terms of an employee benefit plan.

Source. 1995, 101:1, eff. Jan. 1, 1996.

    141-H:4 Use of Genetic Testing in Health Insurance. –
A health insurer in connection with providing health insurance shall not:
I. Require or request directly or indirectly any individual or a member of the individual's family to undergo genetic testing.
II. Require or request directly or indirectly any individual to reveal whether the individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.
III. Condition the provision of health insurance coverage or health care benefits on whether an individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.
IV. Consider in the determination of rates or any other aspect of health insurance coverage or health care benefits provided to an individual whether an individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.

Source. 1995, 101:1, eff. Jan. 1, 1996.

    141-H:5 Use of Genetic Testing in Life, Disability Income, and Long-Term Care Insurance. –
I. Except as provided in paragraph II of this section, the provisions of this chapter shall not apply to the provision of life insurance, disability income insurance, or long-term care insurance.
II. A person in the business of providing life, disability income, or long-term care insurance who obtains information with respect to any genetic testing of an individual or a member of the individual's family shall not use that information in writing a type of insurance coverage other than life, disability income, or long-term care insurance.

Source. 1995, 101:1, eff. Jan. 1, 1996.

New Hampshire Statutes § 141-H:5

https://www.gencourt.state.nh.us/rsa/html/X/141-H/141-H-mrg.htm

    141-H:1 Definitions. –
In this chapter:
I. "Disability income insurance" means insurance intended to protect against loss of occupational earning capacity arising from injury, sickness, or disablement, including insurance that provides benefits for overhead expenses or purchase of a business or profession when the insured becomes disabled.
II. "Employment" means work performed by an employee for an employer for remuneration.
III. "Employment agency" has the meaning given in RSA 354-A:2, VIII.
IV. "Genetic testing" means a test, examination, or analysis which is generally accepted in the scientific and medical communities for the purpose of identifying the presence, absence, or alteration of any gene or chromosome, and any report, interpretation, or evaluation of such a test, examination, or analysis, but excludes any otherwise lawful test, examination, or analysis that is undertaken for the purpose of determining whether an individual meets reasonable functional standards for a specific job or task.
V. "Health insurance" means any arrangement with any entity which pays medical claims on behalf of an individual, an employee, or dependents, including any such arrangement evidenced by a hospital or medical policy or certificate, hospital or medical service plan or contract, or health maintenance organization group or individual subscriber contract, or self insurance plan or contract, or other evidence of coverage, except for the purposes of this chapter, "health insurance" shall not mean life, disability income, or long-term care insurance.
VI. "Individual" means a human being.
VII. "Labor organization" has the meaning given in RSA 354-A:2, X.
VIII. "Licensing agency" means a unit of government which is authorized to grant, deny, renew, revoke, suspend, annul, withdraw, or amend an occupation license.
IX. "Life insurance" means insurance in which the risk contemplated is the death of a particular individual upon which event the insurer pays a stipulated sum, or the type of insurance defined in RSA 401:1, III.
X. "Long-term care insurance" means the types of insurance defined in RSA 415-D:3, V.
XI. "Person" includes a human being, an association or organization, a trust, corporation, and partnership.

Source. 1995, 101:1, eff. Jan. 1, 1996.

    141-H:2 Conditions of Genetic Testing. –
I. Except as otherwise provided in this chapter, no individual or member of the individual's family shall be required to undergo genetic testing as a condition of doing business with another person.
II. Except as required to establish paternity under RSA 522, or as required to test newborns for metabolic disorders under RSA 132:10-a, or as required for purposes of criminal investigations and prosecutions, or as is necessary to the functions of the office of chief medical examiner, no genetic testing shall be done in this state on any individual or anywhere on any resident of this state based on bodily materials obtained within this state, without the prior written and informed consent of the individual to be tested, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. The results of any such test shall be provided only to those persons approved in writing by the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person. No person shall refuse to perform genetic testing, or to arrange for genetic testing to be performed, or to do business with an individual, solely because the individual to be tested refuses to consent to providing the test results to some or all persons.
III. Except as provided in paragraph II, or authorized by RSA 141-J, no person shall disclose to any other person that an individual has undergone genetic testing, and no person shall disclose the results of such testing to any other person, without the prior written and informed consent of the individual, the parent, guardian, or custodian if the individual is a minor under the age of 18, or the legal guardian or conservator if the individual is an incompetent person.
IV. Nothing in this section shall be construed to regulate or apply to genetic testing or genetic analysis used for diagnosis and treatment of a patient by a clinical laboratory that has received a specimen referral from the individual patient's treating physician, genetic counselor, or another clinical laboratory. Nothing in this section shall be construed so as to waive the requirement that the treating physician obtain specific informed consent in accordance with the provisions of this section.

Source. 1995, 101:1. 2000, 304:1. 2008, 186:2. 2013, 271:7, eff. July 1, 2013.

    141-H:3 Use of Genetic Testing in Employment Situations. –
I. No employer, labor organization, employment agency, or licensing agency shall directly or indirectly:
(a) Solicit, require or administer genetic testing relating to any individual as a condition of employment, labor organization membership, or licensure.
(b) Affect the terms, conditions, or privileges of employment, labor organization membership, or licensure or terminate the employment, labor organization membership, or licensure of any individual based on genetic testing.
II. Except as provided in paragraph IV of this section, no person shall sell or otherwise provide to an employer, labor organization, employment agency or licensing agency any genetic testing relating to an employee, labor organization member or licensee or to a prospective employee, labor organization member or licensee.
III. Any agreement between an employer, labor organization, employment agency, or licensing agency and an individual offering employment, labor organization membership, licensure, or any pay or benefit to that individual in return for taking a genetic test is prohibited.
IV. This section shall not prohibit the genetic testing of an employee who requests to undergo genetic testing and who provides written and informed consent to genetic testing for any of the following purposes:
(a) Investigating a worker's compensation claim under RSA 281-A.
(b) Determining the employee's susceptibility or level of exposure to potentially toxic chemicals or potentially toxic substances in the workplace, if the employer does not terminate the employee, or take any other action that adversely affects any term, condition, or privilege of the employee's employment, as a result of genetic testing.
V. This section shall not prohibit or limit genetic testing for evidence of insurability with respect to life, disability income, or long-term care insurance under the terms of an employee benefit plan.

Source. 1995, 101:1, eff. Jan. 1, 1996.

    141-H:4 Use of Genetic Testing in Health Insurance. –
A health insurer in connection with providing health insurance shall not:
I. Require or request directly or indirectly any individual or a member of the individual's family to undergo genetic testing.
II. Require or request directly or indirectly any individual to reveal whether the individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.
III. Condition the provision of health insurance coverage or health care benefits on whether an individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.
IV. Consider in the determination of rates or any other aspect of health insurance coverage or health care benefits provided to an individual whether an individual or a member of the individual's family has undergone genetic testing or the results of the testing, if undergone by the individual or a member of the individual's family.

Source. 1995, 101:1, eff. Jan. 1, 1996.

    141-H:5 Use of Genetic Testing in Life, Disability Income, and Long-Term Care Insurance. –
I. Except as provided in paragraph II of this section, the provisions of this chapter shall not apply to the provision of life insurance, disability income insurance, or long-term care insurance.
II. A person in the business of providing life, disability income, or long-term care insurance who obtains information with respect to any genetic testing of an individual or a member of the individual's family shall not use that information in writing a type of insurance coverage other than life, disability income, or long-term care insurance.

Source. 1995, 101:1, eff. Jan. 1, 1996.

New Jersey Revised Statutes § 17B:30-12

https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu

17B:30-12 Discrimination prohibited; terms defined.    

17B:30-12. a. No person shall discriminate against any person or group of persons because of race, creed, color, national origin or ancestry of such person or group of persons in the issuance, withholding, extension or renewal of any policy of life or health insurance or annuity or in the fixing of the rates, terms or conditions therefor, or in the issuance or acceptance of any application therefor.
 
   b.   No person shall use any form of policy of life or health insurance or contract of annuity which expresses, directly or indirectly, any limitation, or discrimination as to race, creed, color, national origin or ancestry or any intent to make any such limitation or discrimination.
 
   c.   No person shall make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any policy of life insurance or contract of annuity or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of such policy of life insurance or contract of annuity.
 
   d.   No person shall make or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of health insurance or in the benefits payable thereunder, or in any of the terms or conditions of such policy or contract, or in any other manner whatever.
 
   e. (1) No person shall discriminate against any individual on the basis of genetic information or the refusal to submit to a genetic test or make available the results of a genetic test to the person in the issuance, withholding, extension or renewal of any hospital confinement or other supplemental limited benefit insurance, as defined by regulation of the commissioner, or in the fixing of the rates, terms or conditions therefor, or in the issuance or acceptance of any application therefor.
 
   (2)   As used in this subsection and subsection f. of this section:
 
   "Genetic characteristic" means any inherited gene or chromosome, or alteration thereof, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome, or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.
 
   "Genetic information" means the information about genes, gene products or inherited characteristics that may derive from an individual or family member.
 
   "Genetic test" means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic.
 
   f.   No person shall make or permit any unfair discrimination against an individual in the application of the results of a genetic test or genetic information in the issuance, withholding, extension or renewal of a policy of life insurance, including credit life insurance, an annuity, disability income insurance contract or credit accident insurance coverage. If the commissioner has reason to believe that such unfair discrimination has occurred, including that application of the results of a genetic test is not reasonably related to anticipated claim experience, and that a proceeding by the commissioner would be in the interest of the public, the commissioner shall, in accordance with the provisions of N.J.S.17B:30-1 et seq., issue and serve upon the insurer a statement of the charges. Upon a determination that the practice or act of the insurer is in conflict with the provisions of this subsection, the commissioner shall issue an order requiring the insurer to cease and desist from engaging in the practice or act and may order payment of a penalty consistent with the provisions of N.J.S.17B:30-1 et seq.
 
   If, in the issuance, withholding, extension or renewal of any policy of life insurance, including credit life insurance, an annuity, disability income insurance contract or credit accident insurance coverage, an insurer will use the results of a genetic test in compliance with this subsection, the insurer shall notify the individual who is the subject of the genetic test that such a test shall be required and shall obtain the individual's written informed consent for the test prior to the administration of the test, in accordance with the requirements of P.L.1985, c.179 (C.17:23A-1 et seq.). The insurer shall also provide that the physician or other health care professional designated by the individual shall promptly receive a copy of the results of the test and, if required, an interpretation of the test results by a qualified professional, and that the individual shall state in writing whether the individual elects to be informed of the results of the test.
 
   g.   No person shall make or permit any unfair discrimination against any individual on the basis of the individual's intent to engage in future lawful foreign travel in the issuance, extension or renewal of any policy of life insurance or in the fixing of the rates, terms or conditions therefor. For purposes of this subsection, "unfair discrimination" means any decision to issue, extend, or renew a policy of life insurance or the fixing of rates, terms, or conditions of a life insurance policy, on the basis of the individual's intent to engage in future lawful foreign travel, which is not based on sound actuarial principles or actual or reasonably anticipated experience.
 
   h.   Nothing contained in this section shall be construed to require any agent or company to take or receive the application for insurance or annuity of any person or to issue a policy of insurance or contract of annuity to any person.
 
   i.   No person shall decline or limit coverage under a policy of life or health insurance to any individual based solely on the status of the covered individual as a living organ donor; preclude an individual covered under a policy of life or health insurance from donating all or part of an organ as a condition of continuing to receive coverage; consider the status of a person as a living organ donor in determining the premium rate for coverage of the person under a policy of life or health insurance, provided that this shall not preclude consideration of other actuarial risks in determining premium rates for coverage; or otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, or other condition of coverage for an individual under a policy of life or health insurance based solely, and without any additional actuarial risks, on the status of the individual as a living organ donor.
 
   As used in this subsection, "living organ donor" means a person who has donated all or part of an organ and is not deceased.
 
   amended 1996, c.126, s.3; 2008, c.4; 2021, c.72, s.3.

New Jersey Revised Statutes § 17B:30-12

https://lis.njleg.state.nj.us/nxt/gateway.dll?f=templates&fn=default.htm&vid=Publish:10.1048/Enu

17B:30-12 Discrimination prohibited; terms defined.    

17B:30-12. a. No person shall discriminate against any person or group of persons because of race, creed, color, national origin or ancestry of such person or group of persons in the issuance, withholding, extension or renewal of any policy of life or health insurance or annuity or in the fixing of the rates, terms or conditions therefor, or in the issuance or acceptance of any application therefor.
 
   b.   No person shall use any form of policy of life or health insurance or contract of annuity which expresses, directly or indirectly, any limitation, or discrimination as to race, creed, color, national origin or ancestry or any intent to make any such limitation or discrimination.
 
   c.   No person shall make or permit any unfair discrimination between individuals of the same class and equal expectation of life in the rates charged for any policy of life insurance or contract of annuity or in the dividends or other benefits payable thereon, or in any other of the terms and conditions of such policy of life insurance or contract of annuity.
 
   d.   No person shall make or permit any unfair discrimination between individuals of the same class and of essentially the same hazard in the amount of premium, policy fees, or rates charged for any policy or contract of health insurance or in the benefits payable thereunder, or in any of the terms or conditions of such policy or contract, or in any other manner whatever.
 
   e. (1) No person shall discriminate against any individual on the basis of genetic information or the refusal to submit to a genetic test or make available the results of a genetic test to the person in the issuance, withholding, extension or renewal of any hospital confinement or other supplemental limited benefit insurance, as defined by regulation of the commissioner, or in the fixing of the rates, terms or conditions therefor, or in the issuance or acceptance of any application therefor.
 
   (2)   As used in this subsection and subsection f. of this section:
 
   "Genetic characteristic" means any inherited gene or chromosome, or alteration thereof, that is scientifically or medically believed to predispose an individual to a disease, disorder or syndrome, or to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.
 
   "Genetic information" means the information about genes, gene products or inherited characteristics that may derive from an individual or family member.
 
   "Genetic test" means a test for determining the presence or absence of an inherited genetic characteristic in an individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins in order to identify a predisposing genetic characteristic.
 
   f.   No person shall make or permit any unfair discrimination against an individual in the application of the results of a genetic test or genetic information in the issuance, withholding, extension or renewal of a policy of life insurance, including credit life insurance, an annuity, disability income insurance contract or credit accident insurance coverage. If the commissioner has reason to believe that such unfair discrimination has occurred, including that application of the results of a genetic test is not reasonably related to anticipated claim experience, and that a proceeding by the commissioner would be in the interest of the public, the commissioner shall, in accordance with the provisions of N.J.S.17B:30-1 et seq., issue and serve upon the insurer a statement of the charges. Upon a determination that the practice or act of the insurer is in conflict with the provisions of this subsection, the commissioner shall issue an order requiring the insurer to cease and desist from engaging in the practice or act and may order payment of a penalty consistent with the provisions of N.J.S.17B:30-1 et seq.
 
   If, in the issuance, withholding, extension or renewal of any policy of life insurance, including credit life insurance, an annuity, disability income insurance contract or credit accident insurance coverage, an insurer will use the results of a genetic test in compliance with this subsection, the insurer shall notify the individual who is the subject of the genetic test that such a test shall be required and shall obtain the individual's written informed consent for the test prior to the administration of the test, in accordance with the requirements of P.L.1985, c.179 (C.17:23A-1 et seq.). The insurer shall also provide that the physician or other health care professional designated by the individual shall promptly receive a copy of the results of the test and, if required, an interpretation of the test results by a qualified professional, and that the individual shall state in writing whether the individual elects to be informed of the results of the test.
 
   g.   No person shall make or permit any unfair discrimination against any individual on the basis of the individual's intent to engage in future lawful foreign travel in the issuance, extension or renewal of any policy of life insurance or in the fixing of the rates, terms or conditions therefor. For purposes of this subsection, "unfair discrimination" means any decision to issue, extend, or renew a policy of life insurance or the fixing of rates, terms, or conditions of a life insurance policy, on the basis of the individual's intent to engage in future lawful foreign travel, which is not based on sound actuarial principles or actual or reasonably anticipated experience.
 
   h.   Nothing contained in this section shall be construed to require any agent or company to take or receive the application for insurance or annuity of any person or to issue a policy of insurance or contract of annuity to any person.
 
   i.   No person shall decline or limit coverage under a policy of life or health insurance to any individual based solely on the status of the covered individual as a living organ donor; preclude an individual covered under a policy of life or health insurance from donating all or part of an organ as a condition of continuing to receive coverage; consider the status of a person as a living organ donor in determining the premium rate for coverage of the person under a policy of life or health insurance, provided that this shall not preclude consideration of other actuarial risks in determining premium rates for coverage; or otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, or other condition of coverage for an individual under a policy of life or health insurance based solely, and without any additional actuarial risks, on the status of the individual as a living organ donor.
 
   As used in this subsection, "living organ donor" means a person who has donated all or part of an organ and is not deceased.
 
   amended 1996, c.126, s.3; 2008, c.4; 2021, c.72, s.3.

New Mexico Statutes § 24-21-4

https://nmonesource.com/nmos/nmsa/en/item/4384/index.do#!fragment/zoupio-_Toc79148503/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zgHYBOARgBYAHAFYADAGYAlABpk2UoQgBFRIVwBPaAHJNUiITC4Ey1Ru279hkAGU8pAEIaASgFEAMs4BqAQQByAYWcpUjAAI2hSdgkJIA

24-21-4. Genetic Discrimination Prohibited

     A.  Discrimination by an insurer against an individual or member of the individual's family on the basis of genetic analysis, genetic information or genetic propensity is prohibited. 

     B.  The provisions of this section do not require a health insurer to provide particular benefits other than those provided under the terms of the plan or coverage. A health insurer shall not consider a genetic propensity, susceptibility or carrier status as a pre-existing condition for the purpose of limiting or excluding benefits, establishing rates or providing coverage. 

     C.  The provisions of this section do not prohibit use of genetic analysis, genetic propensity or genetic information by an insurer in the ordinary conduct of business in connection with life, disability income or long-term care insurance if use of genetic analysis, genetic propensity or genetic information in underwriting is based on sound actuarial principles or related to actual or reasonably anticipated experience. 

     D.  It is unlawful for a person to use genetic information in employment, recruiting, housing or lending decisions or in extending public accommodations and services. 

History: Laws 1998, ch. 77, § 4; 2005, ch. 204, § 2; 2015, ch. 156, § 4. 

Insurers specifically exempted from informed consent provisions of § 24-21-3, although a notice requirement is added.

New Mexico Statutes § 24-21-4

https://nmonesource.com/nmos/nmsa/en/item/4384/index.do#!fragment/zoupio-_Toc79148503/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zgHYBOARgBYAHAFYADAGYAlABpk2UoQgBFRIVwBPaAHJNUiITC4Ey1Ru279hkAGU8pAEIaASgFEAMs4BqAQQByAYWcpUjAAI2hSdgkJIA

24-21-4. Genetic Discrimination Prohibited

     A.  Discrimination by an insurer against an individual or member of the individual's family on the basis of genetic analysis, genetic information or genetic propensity is prohibited. 

     B.  The provisions of this section do not require a health insurer to provide particular benefits other than those provided under the terms of the plan or coverage. A health insurer shall not consider a genetic propensity, susceptibility or carrier status as a pre-existing condition for the purpose of limiting or excluding benefits, establishing rates or providing coverage. 

     C.  The provisions of this section do not prohibit use of genetic analysis, genetic propensity or genetic information by an insurer in the ordinary conduct of business in connection with life, disability income or long-term care insurance if use of genetic analysis, genetic propensity or genetic information in underwriting is based on sound actuarial principles or related to actual or reasonably anticipated experience. 

     D.  It is unlawful for a person to use genetic information in employment, recruiting, housing or lending decisions or in extending public accommodations and services. 

History: Laws 1998, ch. 77, § 4; 2005, ch. 204, § 2; 2015, ch. 156, § 4. 

Insurers specifically exempted from informed consent provisions of § 24-21-3, although a notice requirement is added.

New Mexico Statutes § 24-21-4

https://nmonesource.com/nmos/nmsa/en/item/4384/index.do#!fragment/zoupio-_Toc79148503/BQCwhgziBcwMYgK4DsDWszIQewE4BUBTADwBdoAvbRABwEtsBaAfX2zgHYBOARgBYAHAFYADAGYAlABpk2UoQgBFRIVwBPaAHJNUiITC4Ey1Ru279hkAGU8pAEIaASgFEAMs4BqAQQByAYWcpUjAAI2hSdgkJIA

24-21-4. Genetic Discrimination Prohibited

     A.  Discrimination by an insurer against an individual or member of the individual's family on the basis of genetic analysis, genetic information or genetic propensity is prohibited. 

     B.  The provisions of this section do not require a health insurer to provide particular benefits other than those provided under the terms of the plan or coverage. A health insurer shall not consider a genetic propensity, susceptibility or carrier status as a pre-existing condition for the purpose of limiting or excluding benefits, establishing rates or providing coverage. 

     C.  The provisions of this section do not prohibit use of genetic analysis, genetic propensity or genetic information by an insurer in the ordinary conduct of business in connection with life, disability income or long-term care insurance if use of genetic analysis, genetic propensity or genetic information in underwriting is based on sound actuarial principles or related to actual or reasonably anticipated experience. 

     D.  It is unlawful for a person to use genetic information in employment, recruiting, housing or lending decisions or in extending public accommodations and services. 

History: Laws 1998, ch. 77, § 4; 2005, ch. 204, § 2; 2015, ch. 156, § 4. 

Insurers specifically exempted from informed consent provisions of § 24-21-3, although a notice requirement is added.

Nevada Revised Statutes Annotated § 629.151

https://www.leg.state.nv.us/nrs/NRS-629.html#NRS629Sec151

NRS 629.151 Obtaining genetic information of person without consent unlawful; exceptions. It is unlawful to obtain any genetic information of a person without first obtaining the informed consent of the person or the person’s legal guardian pursuant to NRS 629.181, unless the information is obtained:

1. By a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body;
2. To determine the parentage or identity of a person pursuant to NRS 56.020;
3. To determine the paternity of a person pursuant to NRS 126.121 or 425.384;
4. For use in a study where the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study;
5. To determine the presence of certain preventable or inheritable disorders in an infant pursuant to NRS 442.008 or a provision of federal law; or
6. Pursuant to an order of a court of competent jurisdiction.

      (Added to NRS by 1997, 1463; A 1999, 1062)

New York Insurance § 2615

https://newyork.public.law/laws/n.y._insurance_law_section_2615

New York Insurance Law

Sec. 2615 

Genetic Testing Written Informed Consent

(a) No authorized insurer or person acting on behalf of an authorized insurer shall request or require an individual proposed for insurance coverage to be the subject of a genetic test without receiving the written informed consent of such individual prior to such testing, in advance of the test. 

(b) Written informed consent to a genetic test shall consist of written authorization that is dated and signed and includes at least the following: 

(1) a general description of the test; 

(2) a statement of the purpose of the test; 

(3) a statement that a positive test result is an indication that the individual may be predisposed to or have the specific disease or condition tested for and may wish to consider further independent testing, consult their physician or pursue genetic counseling; 

(4) a general description of each specific disease or condition tested for; 

(5) the level of certainty that a positive test result for that disease or condition serves as a predictor of such disease. If no level of certainty has been established, this subparagraph may be disregarded; 

(6) the name of the person or categories of persons or organizations to whom the test results may be disclosed; 

(7) a statement that no tests other than those authorized shall be performed on the biological sample and that the sample shall be destroyed at the end of the testing process or not more than sixty days after the sample was taken; and

(8) the signature of the individual subject of the test or, if that individual lacks the capacity to consent, the signature of the person authorized to consent for such individual.

(c) A general waiver, wherein consent is secured for genetic testing without compliance with subsection (b) of this section, shall not constitute informed consent. 

(d) Any further disclosure of genetic test results to persons or organizations not named on the informed consent requires the further informed consent of the subject of the test. 

(e) In the event that an insurer’s adverse underwriting decision is based in whole or in part on the results of a genetic test, the authorized insurer shall notify the individual of the adverse underwriting decision and ask the individual to elect in writing, unless the individual has already done so, whether to have the specific test results disclosed directly to the individual or to the individual’s physician, at the discretion of the individual. 

(f) All records, findings and results of any genetic test performed on any person shall be deemed confidential and may not be disclosed without the written authorization as described in subsection (g) of this section of the person to whom such genetic test relates. This information may not be released to any person or organization not specifically authorized by the individual subject of the test. Unauthorized solicitation or possession of such information shall be unlawful, except for the unintentional possession of such information as part of a health record created prior to the date on which this section shall have become a law and provided no action adverse to the interests of the subject are taken as a result of such possession. 

(g) Written authorization to records, findings and/or results of genetic tests that have been performed prior to the effective date of this section, or which was done after the individual had given written informed consent pursuant to this section shall consist of a statement which specifically requests genetic test records, findings and/or results, the person or organizations to whom the records, findings and/or results shall be disclosed, the signature of the individual subject of the records, findings and/or results of the test or, if that person lacks the capacity to consent, the signature of the person authorized to consent for the subject. 

(h) No authorized insurer who lawfully possesses information derived from a genetic test on a biological sample from an individual shall incorporate such information into the records of a non-consenting individual who may be genetically related to the tested individual; nor shall any inferences be drawn, used, or communicated regarding the possible genetic status of the non-consenting individual. 

(i) For the purposes of this section, the term “adverse underwriting decision” shall have the same meaning as defined in section twenty-six hundred eleven of this article and the term “genetic test” shall have the same meaning as defined in section seventy-nine-l of the civil rights law. 

(j) If the superintendent determines after notice and a hearing that an authorized insurer or a person acting on behalf of an authorized insurer has violated this section, then the superintendent shall levy a fine up to five thousand dollars. Also, any authorized insurer or person acting on behalf of an authorized insurer who violates the provisions of this section shall be subject to the provisions of article twenty-four of this chapter. Violations of this section shall also be subject to the provisions of section one hundred nine of this chapter, except paragraph one of subsection (c) of such section.

(h) No authorized insurer who lawfully possesses information derived from a genetic test on a biological sample from an individual shall incorporate such information into the records of a non-consenting individual who may be genetically related to the tested individual; nor shall any inferences be drawn, used, or communicated regarding the possible genetic status of the non-consenting individual.

New York Insurance § 2615

https://newyork.public.law/laws/n.y._insurance_law_section_2615

New York Insurance Law

Sec. 2615 

Genetic Testing Written Informed Consent

(a) No authorized insurer or person acting on behalf of an authorized insurer shall request or require an individual proposed for insurance coverage to be the subject of a genetic test without receiving the written informed consent of such individual prior to such testing, in advance of the test. 

(b) Written informed consent to a genetic test shall consist of written authorization that is dated and signed and includes at least the following: 

(1) a general description of the test; 

(2) a statement of the purpose of the test; 

(3) a statement that a positive test result is an indication that the individual may be predisposed to or have the specific disease or condition tested for and may wish to consider further independent testing, consult their physician or pursue genetic counseling; 

(4) a general description of each specific disease or condition tested for; 

(5) the level of certainty that a positive test result for that disease or condition serves as a predictor of such disease. If no level of certainty has been established, this subparagraph may be disregarded; 

(6) the name of the person or categories of persons or organizations to whom the test results may be disclosed; 

(7) a statement that no tests other than those authorized shall be performed on the biological sample and that the sample shall be destroyed at the end of the testing process or not more than sixty days after the sample was taken; and

(8) the signature of the individual subject of the test or, if that individual lacks the capacity to consent, the signature of the person authorized to consent for such individual.

(c) A general waiver, wherein consent is secured for genetic testing without compliance with subsection (b) of this section, shall not constitute informed consent. 

(d) Any further disclosure of genetic test results to persons or organizations not named on the informed consent requires the further informed consent of the subject of the test. 

(e) In the event that an insurer’s adverse underwriting decision is based in whole or in part on the results of a genetic test, the authorized insurer shall notify the individual of the adverse underwriting decision and ask the individual to elect in writing, unless the individual has already done so, whether to have the specific test results disclosed directly to the individual or to the individual’s physician, at the discretion of the individual. 

(f) All records, findings and results of any genetic test performed on any person shall be deemed confidential and may not be disclosed without the written authorization as described in subsection (g) of this section of the person to whom such genetic test relates. This information may not be released to any person or organization not specifically authorized by the individual subject of the test. Unauthorized solicitation or possession of such information shall be unlawful, except for the unintentional possession of such information as part of a health record created prior to the date on which this section shall have become a law and provided no action adverse to the interests of the subject are taken as a result of such possession. 

(g) Written authorization to records, findings and/or results of genetic tests that have been performed prior to the effective date of this section, or which was done after the individual had given written informed consent pursuant to this section shall consist of a statement which specifically requests genetic test records, findings and/or results, the person or organizations to whom the records, findings and/or results shall be disclosed, the signature of the individual subject of the records, findings and/or results of the test or, if that person lacks the capacity to consent, the signature of the person authorized to consent for the subject. 

(h) No authorized insurer who lawfully possesses information derived from a genetic test on a biological sample from an individual shall incorporate such information into the records of a non-consenting individual who may be genetically related to the tested individual; nor shall any inferences be drawn, used, or communicated regarding the possible genetic status of the non-consenting individual. 

(i) For the purposes of this section, the term “adverse underwriting decision” shall have the same meaning as defined in section twenty-six hundred eleven of this article and the term “genetic test” shall have the same meaning as defined in section seventy-nine-l of the civil rights law. 

(j) If the superintendent determines after notice and a hearing that an authorized insurer or a person acting on behalf of an authorized insurer has violated this section, then the superintendent shall levy a fine up to five thousand dollars. Also, any authorized insurer or person acting on behalf of an authorized insurer who violates the provisions of this section shall be subject to the provisions of article twenty-four of this chapter. Violations of this section shall also be subject to the provisions of section one hundred nine of this chapter, except paragraph one of subsection (c) of such section.

(h) No authorized insurer who lawfully possesses information derived from a genetic test on a biological sample from an individual shall incorporate such information into the records of a non-consenting individual who may be genetically related to the tested individual; nor shall any inferences be drawn, used, or communicated regarding the possible genetic status of the non-consenting individual.

New York Insurance § 2615

https://newyork.public.law/laws/n.y._insurance_law_section_2615

New York Insurance Law

Sec. 2615 

Genetic Testing Written Informed Consent

(a) No authorized insurer or person acting on behalf of an authorized insurer shall request or require an individual proposed for insurance coverage to be the subject of a genetic test without receiving the written informed consent of such individual prior to such testing, in advance of the test. 

(b) Written informed consent to a genetic test shall consist of written authorization that is dated and signed and includes at least the following: 

(1) a general description of the test; 

(2) a statement of the purpose of the test; 

(3) a statement that a positive test result is an indication that the individual may be predisposed to or have the specific disease or condition tested for and may wish to consider further independent testing, consult their physician or pursue genetic counseling; 

(4) a general description of each specific disease or condition tested for; 

(5) the level of certainty that a positive test result for that disease or condition serves as a predictor of such disease. If no level of certainty has been established, this subparagraph may be disregarded; 

(6) the name of the person or categories of persons or organizations to whom the test results may be disclosed; 

(7) a statement that no tests other than those authorized shall be performed on the biological sample and that the sample shall be destroyed at the end of the testing process or not more than sixty days after the sample was taken; and

(8) the signature of the individual subject of the test or, if that individual lacks the capacity to consent, the signature of the person authorized to consent for such individual.

(c) A general waiver, wherein consent is secured for genetic testing without compliance with subsection (b) of this section, shall not constitute informed consent. 

(d) Any further disclosure of genetic test results to persons or organizations not named on the informed consent requires the further informed consent of the subject of the test. 

(e) In the event that an insurer’s adverse underwriting decision is based in whole or in part on the results of a genetic test, the authorized insurer shall notify the individual of the adverse underwriting decision and ask the individual to elect in writing, unless the individual has already done so, whether to have the specific test results disclosed directly to the individual or to the individual’s physician, at the discretion of the individual. 

(f) All records, findings and results of any genetic test performed on any person shall be deemed confidential and may not be disclosed without the written authorization as described in subsection (g) of this section of the person to whom such genetic test relates. This information may not be released to any person or organization not specifically authorized by the individual subject of the test. Unauthorized solicitation or possession of such information shall be unlawful, except for the unintentional possession of such information as part of a health record created prior to the date on which this section shall have become a law and provided no action adverse to the interests of the subject are taken as a result of such possession. 

(g) Written authorization to records, findings and/or results of genetic tests that have been performed prior to the effective date of this section, or which was done after the individual had given written informed consent pursuant to this section shall consist of a statement which specifically requests genetic test records, findings and/or results, the person or organizations to whom the records, findings and/or results shall be disclosed, the signature of the individual subject of the records, findings and/or results of the test or, if that person lacks the capacity to consent, the signature of the person authorized to consent for the subject. 

(h) No authorized insurer who lawfully possesses information derived from a genetic test on a biological sample from an individual shall incorporate such information into the records of a non-consenting individual who may be genetically related to the tested individual; nor shall any inferences be drawn, used, or communicated regarding the possible genetic status of the non-consenting individual. 

(i) For the purposes of this section, the term “adverse underwriting decision” shall have the same meaning as defined in section twenty-six hundred eleven of this article and the term “genetic test” shall have the same meaning as defined in section seventy-nine-l of the civil rights law. 

(j) If the superintendent determines after notice and a hearing that an authorized insurer or a person acting on behalf of an authorized insurer has violated this section, then the superintendent shall levy a fine up to five thousand dollars. Also, any authorized insurer or person acting on behalf of an authorized insurer who violates the provisions of this section shall be subject to the provisions of article twenty-four of this chapter. Violations of this section shall also be subject to the provisions of section one hundred nine of this chapter, except paragraph one of subsection (c) of such section.

(h) No authorized insurer who lawfully possesses information derived from a genetic test on a biological sample from an individual shall incorporate such information into the records of a non-consenting individual who may be genetically related to the tested individual; nor shall any inferences be drawn, used, or communicated regarding the possible genetic status of the non-consenting individual.

Oregon Statutes § 746.135

https://oregon.public.law/statutes/ors_746.135

Trade Practices

ORS 746.135 
Genetic tests and information 

(1) If a person asks an applicant for insurance to take a genetic test in connection with an application for insurance, the use of the test shall be revealed to the applicant and the person shall obtain the specific authorization of the applicant using a form adopted by the Director of the Department of Consumer and Business Services by rule.

(2) A person may not use favorable genetic information to induce the purchase of insurance.

(3) A person may not use genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy for hospital or medical expenses.

(4) A person may not use genetic information about a blood relative to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy of insurance.

(5) For purposes of this section, “blood relative,” “genetic information” and “genetic test” have the meanings given those terms in ORS 192.531 (Definitions for ORS 192.531 to 192.549). [1995 c.680 §8; 2001 c.588 §17]

(4) A person may not use genetic information about a blood relative to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy of insurance.

Oregon Statutes § 746.135

https://oregon.public.law/statutes/ors_746.135

Trade Practices

ORS 746.135 
Genetic tests and information 

(1) If a person asks an applicant for insurance to take a genetic test in connection with an application for insurance, the use of the test shall be revealed to the applicant and the person shall obtain the specific authorization of the applicant using a form adopted by the Director of the Department of Consumer and Business Services by rule.

(2) A person may not use favorable genetic information to induce the purchase of insurance.

(3) A person may not use genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy for hospital or medical expenses.

(4) A person may not use genetic information about a blood relative to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy of insurance.

(5) For purposes of this section, “blood relative,” “genetic information” and “genetic test” have the meanings given those terms in ORS 192.531 (Definitions for ORS 192.531 to 192.549). [1995 c.680 §8; 2001 c.588 §17]

(4) A person may not use genetic information about a blood relative to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy of insurance.

Oregon Statutes § 746.135

https://oregon.public.law/statutes/ors_746.135

Trade Practices

ORS 746.135 
Genetic tests and information 

(1) If a person asks an applicant for insurance to take a genetic test in connection with an application for insurance, the use of the test shall be revealed to the applicant and the person shall obtain the specific authorization of the applicant using a form adopted by the Director of the Department of Consumer and Business Services by rule.

(2) A person may not use favorable genetic information to induce the purchase of insurance.

(3) A person may not use genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy for hospital or medical expenses.

(4) A person may not use genetic information about a blood relative to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy of insurance.

(5) For purposes of this section, “blood relative,” “genetic information” and “genetic test” have the meanings given those terms in ORS 192.531 (Definitions for ORS 192.531 to 192.549). [1995 c.680 §8; 2001 c.588 §17]

(4) A person may not use genetic information about a blood relative to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy of insurance.

South Dakota Legislature §58-1-24

https://mylrc.sdlegislature.gov/api/Documents/Bill/219330.pdf?Year=2021

ENTITLED An Act to prohibit certain insurers from using genetic information.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: Section 1. That § 58-1-24 be AMENDED.

58-1-24. Definitions related to genetic testing.

Terms used in §§ 58-1-25, 58-1-25.1, and 58-18-87 mean:

1. "Genetic information," hereditary information obtained from an individual's genetic test or a genetic test of a family member. The term includes hereditary information obtained from genetic services and participation in genetic research, including any request for or receipt of genetic services or participation by an individual or family member in clinical research that includes genetic services. The term does not include information about an individual's sex or age;

2. "Genetic test," an analysis of human DNA, RNA, chromosomes, proteins, or

   metabolites that detects genotypes, mutations, or chromosomal changes. Genetic test does not mean a routine physical measurement; a chemical, blood, or urine analysis; a test for drugs or HIV infection; or any test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder;

3. "Health carrier," any person who provides health insurance in this state. The term includes a licensed insurance company, a prepaid hospital or medical service plan, a health maintenance organization, a multiple employer welfare arrangement, a fraternal benefit contract, or any person providing a plan of health insurance subject to state insurance regulation;

4. "Health insurance," insurance provided pursuant to chapters 58-17 (except disability income insurance), 58-17F, 58-17G, 58-17H, 58-17I, 58-18 (except disability income insurance), 58-18B, 58-38, 58-40, and 58-41;

5. "Individual," an applicant for coverage or a person already covered by a health carrier. (SL 2012, ch 239, § 1 provides: "The provisions of chapter 219 of the 2011 Session Laws shall be deemed repealed if the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010) is found to be unconstitutional in its entirety by a final decision of a federal court of competent jurisdiction and all appeals exhausted or time for appeals elapsed");

6. "Life insurer," an entity subject to regulation under chapter 58-15 or otherwise issuing contracts of life insurance and annuities under chapter 58-15;

7. "Long-term care insurer," an insurer that issues long-term care insurance policies pursuant to chapter 58-17B.

Section 2. That § 58-1-25 be AMENDED.

58-1-25. Use of genetic tests in offer, sale, or renewal of insurance prohibited.

     No health carrier, life insurer, or long-term care insurer, in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision, may, in connection with the offer, sale, or renewal of insurance:

1. Require or request an individual or a blood relative of the individual to take a genetic

   test; or

2. Take into consideration the fact that a genetic test was refused by an individual or

   a blood relative of the individual.

Section 3. That a NEW SECTION be added:

58-1-25.1. Sharing of genetic information prohibited--Health carrier, life insurer, long-term care insurer.

     Any company providing genetic testing directly to a consumer is prohibited from sharing any genetic test, genetic information, or other personally identifiable information of a consumer with any health carrier, life insurer, or long-term care insurer without written consent from the consumer. Nothing in this section prohibits a company that provides genetic testing from communicating with a health carrier for the purposes of payment, coordination of medical treatment, or patient care so long as such communication is compliant with the Health Insurance Portability and Accountability Act and only used for the purposes permitted in this section.

Section 4. This Act is effective on January 1, 2022, and applies to policies entered into or renewed on or after January 1, 2022.

Use of relative genetic information.

South Dakota Legislature §58-1-24

https://mylrc.sdlegislature.gov/api/Documents/Bill/219330.pdf?Year=2021

ENTITLED An Act to prohibit certain insurers from using genetic information.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: Section 1. That § 58-1-24 be AMENDED.

58-1-24. Definitions related to genetic testing.

Terms used in §§ 58-1-25, 58-1-25.1, and 58-18-87 mean:

1. "Genetic information," hereditary information obtained from an individual's genetic test or a genetic test of a family member. The term includes hereditary information obtained from genetic services and participation in genetic research, including any request for or receipt of genetic services or participation by an individual or family member in clinical research that includes genetic services. The term does not include information about an individual's sex or age;

2. "Genetic test," an analysis of human DNA, RNA, chromosomes, proteins, or

   metabolites that detects genotypes, mutations, or chromosomal changes. Genetic test does not mean a routine physical measurement; a chemical, blood, or urine analysis; a test for drugs or HIV infection; or any test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder;

3. "Health carrier," any person who provides health insurance in this state. The term includes a licensed insurance company, a prepaid hospital or medical service plan, a health maintenance organization, a multiple employer welfare arrangement, a fraternal benefit contract, or any person providing a plan of health insurance subject to state insurance regulation;

4. "Health insurance," insurance provided pursuant to chapters 58-17 (except disability income insurance), 58-17F, 58-17G, 58-17H, 58-17I, 58-18 (except disability income insurance), 58-18B, 58-38, 58-40, and 58-41;

5. "Individual," an applicant for coverage or a person already covered by a health carrier. (SL 2012, ch 239, § 1 provides: "The provisions of chapter 219 of the 2011 Session Laws shall be deemed repealed if the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. 119 (2010), as amended by the Health Care and Education Reconciliation Act of 2010, Pub. L. No. 111-152, 124 Stat. 1029 (2010) is found to be unconstitutional in its entirety by a final decision of a federal court of competent jurisdiction and all appeals exhausted or time for appeals elapsed");

6. "Life insurer," an entity subject to regulation under chapter 58-15 or otherwise issuing contracts of life insurance and annuities under chapter 58-15;

7. "Long-term care insurer," an insurer that issues long-term care insurance policies pursuant to chapter 58-17B.

Section 2. That § 58-1-25 be AMENDED.

58-1-25. Use of genetic tests in offer, sale, or renewal of insurance prohibited.

     No health carrier, life insurer, or long-term care insurer, in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision, may, in connection with the offer, sale, or renewal of insurance:

1. Require or request an individual or a blood relative of the individual to take a genetic

   test; or

2. Take into consideration the fact that a genetic test was refused by an individual or

   a blood relative of the individual.

Section 3. That a NEW SECTION be added:

58-1-25.1. Sharing of genetic information prohibited--Health carrier, life insurer, long-term care insurer.

     Any company providing genetic testing directly to a consumer is prohibited from sharing any genetic test, genetic information, or other personally identifiable information of a consumer with any health carrier, life insurer, or long-term care insurer without written consent from the consumer. Nothing in this section prohibits a company that provides genetic testing from communicating with a health carrier for the purposes of payment, coordination of medical treatment, or patient care so long as such communication is compliant with the Health Insurance Portability and Accountability Act and only used for the purposes permitted in this section.

Section 4. This Act is effective on January 1, 2022, and applies to policies entered into or renewed on or after January 1, 2022.

Use of relative genetic information.

Tennessee Code Title 56. Insurance § 56-7-207

https://codes.findlaw.com/tn/title-56-insurance/tn-code-sect-56-7-207/

56-7-207. Refusal for sickle cell trait or hemoglobin C trait prohibited. 

18 Vermont Statutes Annotated § 9334

https://legislature.vermont.gov/statutes/section/18/217/09334

Title 18 : Health

Chapter 217 : Genetic Testing

(Cite as: 18 V.S.A. § 9334)

§ 9334. Genetic testing as a condition of insurance coverage

(a) No policy of insurance offered for delivery or issued in this State shall be underwritten or conditioned on the basis of:

(1) any requirement or agreement of the individual to undergo genetic testing; or

(2) the results of genetic testing of a member of the individual's family.

(b) A violation of this section shall be considered an unfair method of competition or unfair or deceptive act or practice in the business of insurance in violation of 8 V.S.A. § 4724.

(c) In addition to other remedies available under the law, a person who violates this section shall be subject to the enforcement provisions available under Title 8. (Added 1997, No. 160 (Adj. Sess.), § 5, eff. Jan. 1, 1999.)

Cannot underwrite or condition insurance on the basis of a requirement to undergo genetic testing or on the results of genetic testing of a family member.

18 Vermont Statutes Annotated § 9334

https://legislature.vermont.gov/statutes/section/18/217/09334

Title 18 : Health

Chapter 217 : Genetic Testing

(Cite as: 18 V.S.A. § 9334)

§ 9334. Genetic testing as a condition of insurance coverage

(a) No policy of insurance offered for delivery or issued in this State shall be underwritten or conditioned on the basis of:

(1) any requirement or agreement of the individual to undergo genetic testing; or

(2) the results of genetic testing of a member of the individual's family.

(b) A violation of this section shall be considered an unfair method of competition or unfair or deceptive act or practice in the business of insurance in violation of 8 V.S.A. § 4724.

(c) In addition to other remedies available under the law, a person who violates this section shall be subject to the enforcement provisions available under Title 8. (Added 1997, No. 160 (Adj. Sess.), § 5, eff. Jan. 1, 1999.)

Cannot underwrite or condition insurance on the basis of a requirement to undergo genetic testing or on the results of genetic testing of a family member.

18 Vermont Statutes Annotated § 9334

https://legislature.vermont.gov/statutes/section/18/217/09334

Title 18 : Health

Chapter 217 : Genetic Testing

(Cite as: 18 V.S.A. § 9334)

§ 9334. Genetic testing as a condition of insurance coverage

(a) No policy of insurance offered for delivery or issued in this State shall be underwritten or conditioned on the basis of:

(1) any requirement or agreement of the individual to undergo genetic testing; or

(2) the results of genetic testing of a member of the individual's family.

(b) A violation of this section shall be considered an unfair method of competition or unfair or deceptive act or practice in the business of insurance in violation of 8 V.S.A. § 4724.

(c) In addition to other remedies available under the law, a person who violates this section shall be subject to the enforcement provisions available under Title 8. (Added 1997, No. 160 (Adj. Sess.), § 5, eff. Jan. 1, 1999.)

Cannot underwrite or condition insurance on the basis of a requirement to undergo genetic testing or on the results of genetic testing of a family member.

Wisconsin Statutes Annotated § 631.89

https://docs.legis.wisconsin.gov/statutes/statutes/631/iii/89

631.89  Restrictions on use of genetic test results.

(1)  In this section, “genetic test" means a test using deoxyribonucleic acid extracted from an individual's cells in order to determine the presence of a genetic disease or disorder or the individual's predisposition for a particular genetic disease or disorder.

(2) 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, may not do any of the following:

(a) Require or request directly or indirectly any individual or a member of the individual's family to obtain a genetic test.

(b) Require or request directly or indirectly any individual to reveal whether the individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.

(bm) Require or request directly or indirectly a health care provider, as defined in s. 146.81 (1) (a) to (p), who is or may be providing or who has or may have provided health care services to an individual to reveal whether the individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.

(c) Condition the provision of insurance coverage or health care benefits on whether an individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.

(d) Consider in the determination of rates or any other aspect of insurance coverage or health care benefits provided to an individual whether an individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.

(3) 

(a) Subsection (2) does not apply to an insurer writing life insurance coverage or income continuation insurance coverage.

(b) An insurer writing life insurance coverage or income continuation insurance coverage that obtains information under sub. (2) (a) or (b) may not do any of the following:

1. Use the information contrary to sub. (2) (c) or (d) in writing a type of insurance coverage other than life or income continuation for the individual or a member of the individual's family.

2. Provide for rates or any other aspect of coverage that is not reasonably related to the risk involved.

History: 1991 a. 269; 1997 a. 74; 2009 a. 28.

Wisconsin Statutes Annotated § 631.89

https://docs.legis.wisconsin.gov/statutes/statutes/631/iii/89

631.89  Restrictions on use of genetic test results.

(1)  In this section, “genetic test" means a test using deoxyribonucleic acid extracted from an individual's cells in order to determine the presence of a genetic disease or disorder or the individual's predisposition for a particular genetic disease or disorder.

(2) 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, may not do any of the following:

(a) Require or request directly or indirectly any individual or a member of the individual's family to obtain a genetic test.

(b) Require or request directly or indirectly any individual to reveal whether the individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.

(bm) Require or request directly or indirectly a health care provider, as defined in s. 146.81 (1) (a) to (p), who is or may be providing or who has or may have provided health care services to an individual to reveal whether the individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.

(c) Condition the provision of insurance coverage or health care benefits on whether an individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.

(d) Consider in the determination of rates or any other aspect of insurance coverage or health care benefits provided to an individual whether an individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.

(3) 

(a) Subsection (2) does not apply to an insurer writing life insurance coverage or income continuation insurance coverage.

(b) An insurer writing life insurance coverage or income continuation insurance coverage that obtains information under sub. (2) (a) or (b) may not do any of the following:

1. Use the information contrary to sub. (2) (c) or (d) in writing a type of insurance coverage other than life or income continuation for the individual or a member of the individual's family.

2. Provide for rates or any other aspect of coverage that is not reasonably related to the risk involved.

History: 1991 a. 269; 1997 a. 74; 2009 a. 28.

Wisconsin Statutes Annotated § 631.89

https://docs.legis.wisconsin.gov/statutes/statutes/631/iii/89

631.89  Restrictions on use of genetic test results.

(1)  In this section, “genetic test" means a test using deoxyribonucleic acid extracted from an individual's cells in order to determine the presence of a genetic disease or disorder or the individual's predisposition for a particular genetic disease or disorder.

(2) 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, may not do any of the following:

(a) Require or request directly or indirectly any individual or a member of the individual's family to obtain a genetic test.

(b) Require or request directly or indirectly any individual to reveal whether the individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.

(bm) Require or request directly or indirectly a health care provider, as defined in s. 146.81 (1) (a) to (p), who is or may be providing or who has or may have provided health care services to an individual to reveal whether the individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.

(c) Condition the provision of insurance coverage or health care benefits on whether an individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.

(d) Consider in the determination of rates or any other aspect of insurance coverage or health care benefits provided to an individual whether an individual or a member of the individual's family has obtained a genetic test or what the results of the test, if obtained by the individual or a member of the individual's family, were.

(3) 

(a) Subsection (2) does not apply to an insurer writing life insurance coverage or income continuation insurance coverage.

(b) An insurer writing life insurance coverage or income continuation insurance coverage that obtains information under sub. (2) (a) or (b) may not do any of the following:

1. Use the information contrary to sub. (2) (c) or (d) in writing a type of insurance coverage other than life or income continuation for the individual or a member of the individual's family.

2. Provide for rates or any other aspect of coverage that is not reasonably related to the risk involved.

History: 1991 a. 269; 1997 a. 74; 2009 a. 28.

Wyoming Statutes Annotated § 26-19-107

https://wyoleg.gov/statutes/compress/title26.pdf

26-19-107. Group disability and blanket insurance standard
provisions; exceptions.

(a) A policy of group disability or blanket disability
insurance shall not be delivered in this state unless it
contains in substance the following provisions or provisions
which in the commissioner's opinion are more favorable to the
persons insured or at least as favorable to the persons insured
and more favorable to the policyholder:

(i) The policy, including endorsements and a copy of
the application, if any, of the policyholder and the persons
insured constitutes the entire contract between the parties;

(ii) Written notice of a claim shall be given to the
insurer within twenty (20) days after the occurrence or
commencement of any loss covered by the policy. Failure to give notice within the time provided by this paragraph shall not
invalidate nor reduce any claim if it is shown it was not
reasonably possible to give notice and that notice was given as
soon as was reasonably possible;

(iii) The insurer shall furnish either to the person
making a claim or to the policyholder for delivery to the person
making a claim the forms it usually furnishes for filing proof
of loss. If the forms are not furnished before the expiration of
fifteen (15) days after giving of the notice specified in
paragraph (ii) of this subsection, the person making the claim
is deemed to have complied with the requirements of the policy
as to proof of loss upon submitting, within the time fixed in
the policy for filing proof of loss, written proof covering the
occurrence, the character and the extent of the loss for which
claim is made;

(iv) In the case of claim for loss of time for
disability, written proof of the loss shall be furnished to the
insurer within ninety (90) days after the commencement of the
period for which the insurer is liable. Subsequent written
proofs of the continuance of the disability shall be furnished
to the insurer at any intervals the insurer reasonably requires.
In the case of claim for any other loss, written proof of the
loss shall be furnished to the insurer within ninety (90) days
after the date of the loss. Failure to furnish proof within the
time provided by this paragraph shall not invalidate nor reduce
any claim if it is shown it was not reasonably possible to
furnish proof and that proof was furnished as soon as was
reasonably possible;

(v) Any benefits payable under the policy are payable
as follows:

(A) Benefits other than benefits for loss of
time are payable not more than forty-five (45) days after
receipt of written proof of the loss and supporting evidence;

(B) Subject to proof of loss and supporting
evidence, all accrued benefits payable under a policy for loss
of time are payable not less frequently than monthly during the
continuance of the disability period for which the insurer is
liable, and any balance remaining unpaid at the termination of
the disability period is payable immediately upon receipt of
proof and supporting evidence.

(vi) The insurer, at its own expense, may:

(A) Examine the person of the insured when and
as often as it reasonably requires during the pendency of claim
under the policy; and

(B) Make an autopsy if it is not prohibited by
law.

(vii) No action at law or in equity shall be brought
to recover under the policy prior to the expiration of sixty
(60) days after written proof of loss is furnished in accordance
with the requirements of the policy and no action shall be
brought upon the expiration of three (3) years after the time
written proof of loss is required to be furnished;

(viii) The policyholder is entitled to a grace period
of thirty-one (31) days for the payment of any premium due
except the first, and during the grace period the policy shall
continue in force unless the policyholder gave the insurer
written notice of discontinuance in advance of the date of
discontinuance and in accordance with the terms of the policy.
The policy may provide that the policyholder is liable to the
insurer for the payment of a pro rata premium for the time the
policy was in force during the grace period provided by this
paragraph;

(ix) The validity of the policy shall not be
contested except for nonpayment of premiums after it has been in
force for two (2) years from the date of issue, and no statement
made by any person covered under the policy relating to
insurability shall be used in contesting the validity of the
insurance with respect to which the statement was made after the
insurance has been in force prior to the contest for a period of
two (2) years during the person's lifetime unless the statement
is contained in a written instrument signed by the person making
the statement;

(x) A copy of the application, if any, of the
policyholder shall be attached to the policy when issued. All
statements made by the policyholder or by the persons insured
are deemed representations and not warranties. No statement
made by any person insured shall be used in any contest unless a
copy of the instrument containing the statement is or has been
furnished to the person or, in the event of the death or
incapacity of the insured person, to the individual's
beneficiary or personal representative(xi) The additional exclusions or limitations, if any, applicable under the policy concerning a disease or
physical condition of a person, not otherwise excluded from the
person's coverage by name or specific description effective on
the date of the person's loss, which existed prior to the
effective date of the person's coverage under the policy shall
be specified. The exclusion or limitation shall not exclude
coverage for a period beyond twelve (12) months following the
individual's effective date of coverage and shall only relate to
conditions for which medical advice, diagnosis, care or
treatment was recommended or received during the six (6) months
immediately preceding the effective date of coverage. In
determining whether a preexisting condition provision applies to
an insured or dependent, all private or public health benefit
plans shall credit the time the person was previously covered by
a private or public health benefit plan if the previous coverage
was continuous to a date not more than ninety (90) days prior to
the effective date of the new coverage exclusive of any
applicable waiting period. In the case of a preexisting
conditions limitation allowable in the succeeding carrier's
plan, the level of benefits applicable to preexisting conditions
of persons becoming covered by the succeeding carrier's plan
during the period of time this limitation applies under the new
plan shall be the lesser of:

(A) The benefits of the new plan determined
without application of the preexisting conditions limitation; or

(B) The benefits of the prior plan.

(xii) If the premiums or benefits vary by age, a
provision shall specify an equitable adjustment of premiums,
benefits, or both, to be made if the age of a covered person has
been misstated and containing a clear statement of the method of
adjustment to be used;

(xiii) The insurer shall issue to the policyholder
for delivery to each person insured a certificate containing a
statement of the insurance protection to which that person is
entitled, to whom the insurance benefits are payable and of any
family member's or dependent's coverage;

(xiv) Benefits for loss of life of the person insured
are payable to the beneficiary designated by the person insured
or if the policy contains conditions pertaining to family status
the beneficiary may be the family member specified by the policy
terms. Payment of benefits for loss of life of the person insured is subject to the provisions of the policy in the event
no designated or specified beneficiary is living at the death of
the person insured. All other benefits of the policy are
payable to the person insured. The policy may provide that if
any benefit is payable to the estate of a person or to a person
who is a minor or otherwise not competent to give a valid
release, the insurer may pay the benefit, up to an amount not
exceeding five thousand dollars ($5,000.00), to any relative by
blood, marriage or adoption of the person deemed by the insurer
to be equitably entitled to the benefits;

(xv) For a policy insuring debtors, the insurer shall
furnish the policyholder for delivery to each debtor insured
under the policy a certificate of insurance describing the
coverage and specifying that the benefits payable shall first be
applied to reduce or extinguish the indebtedness;

(xvi) Repealed By Laws 1997, ch. 120, § 2.

(xvii) If issued or delivered on or after January 1,
1999, the policy shall provide a notice on the face of the
policy of not less than fourteen (14) point bold type, as to the
extent to which the policy includes comprehensive adult wellness
benefits as defined in subsection (h) of this section. To insure
that the disclosure has been made, the notice shall include
space for the signature of the policyholder and the sales
representative on the disclosure statement. The disclosure
statement must be signed by the applicant and sales
representative at the time of the policy application. No policy
shall be represented as containing comprehensive adult wellness
benefits unless the policy meets the criteria specified under
subsection (h) of this section. If coverage is included, the
notice shall make reference to the exact location within the
policy where the level and extent of coverage is described in
detail. If coverage is not included, the notice shall state
that the policy does not contain comprehensive adult wellness
benefits as defined by law. This statement shall also be placed
in a prominent location on any materials used in representing
the policy, including sales materials. The department of
insurance shall prescribe the form and content of the notice
required under this paragraph. This paragraph does not apply to
any policy with a deductible of five thousand dollars
($5,000.00) or more.

(b) W.S. 26-19-107(a)(xi), (xiii) and (xiv) shall not
apply to policies insuring debtors.

(c) The standard provisions for individual disability
insurance policies shall not apply to group disability insurance
policies.

(d) If any provision of this section is entirely or
partially inapplicable to or inconsistent with the coverage
provided by a particular form of policy, the insurer with the
approval of the commissioner shall omit from the policy any
inapplicable provision or part of a provision and shall modify
any inconsistent provision or part of the provision to conform
the policy provision with the coverage provided by the policy.

(e) Repealed By Laws 1997, ch. 120, § 2.

(f) No policy of group or blanket disability insurance
shall treat the following as a preexisting condition:

(i) Pregnancy existing on the effective date of
coverage;

(ii) Genetic information, in the absence of a
diagnosis of a condition related to the genetic information.

(g) A policy of group or blanket disability insurance
shall not establish rules for eligibility, including continued
eligibility, of any individual to enroll under the policy based
on any of the following health status related factors in
relation to the employee or an eligible dependent:

(i) Health status;

(ii) Medical condition, including both physical and
mental illness;

(iii) Claims experience;

(iv) Receipt of health care;

(v) Medical history;

(vi) Genetic information;

(vii) Evidence of insurability, including conditions
arising out of acts of domestic violence;

(viii) Disability.

(h) As used in paragraph (a)(xvii) of this section,
"comprehensive adult wellness benefits" means benefits not
subject to policy deductibles, which provide a minimum benefit
equal to eighty percent (80%) of the reimbursement allowance
under the private health benefit plan with a maximum of twenty
percent (20%) coinsurance by the insured and which provide a
benefit structure to the insured equal to a minimum of one
hundred fifty dollars ($150.00) per insured adult per calendar
year, or a benefit structure of similar actuarial value to the
insured. In addition, the benefits shall at minimum provide for
testing procedures and for the examination of adult
policyholders and their spouses for breast cancer, prostate
cancer, cervical cancer and diabetes.

(j) All group and blanket disability insurance policies
providing coverage on an expense incurred basis, group service
or indemnity type contracts issued by a nonprofit corporation,
group service contracts issued by a health maintenance
organization, all self-insured group arrangements to the extent
not preempted by federal law and all managed health care
delivery entities of any type or description, that are
delivered, issued for delivery, continued or renewed on or after
July 1, 2001, and providing coverage to any resident of this
state shall provide benefits or coverage for:

(i) A pelvic examination and pap smear for any
nonsymptomatic women covered under the policy or contract;

(ii) A colorectal cancer examination and laboratory
tests for cancer for any nonsymptomatic person covered under the
policy or contract;

(iii) A prostate examination and laboratory tests for
cancer for any nonsymptomatic man covered under the policy or
contract; and

(iv) A breast cancer examination including a
screening mammogram and clinical breast examination for any
nonsymptomatic person covered under the policy or contract.

(k) To encourage public health and diagnostic health
screenings, the services covered under subsection (j) of this
section shall be provided with no deductible due and payable. A
health plan shall, at a minimum, be liable for eighty percent
(80%) of the reimbursement allowance of the health plan up to a
maximum of two hundred fifty dollars ($250.00) per adult insured
per year. A patient shall be liable for coinsurance up to twenty percent (20%) if such coinsurance is required pursuant to the
patient's health care coverage. Coverage may be in addition to
any other preventive care services. This subsection shall apply
to private health benefit plans as defined by W.S.
26-1-102(a)(xxxiii) except that it shall not apply to high
deductible policies where the deductible equals or exceeds one
thousand dollars ($1,000.00) per person or per family per year
or policies qualifying as federal medical savings accounts.

(m) In addition to the prohibitions on the use of genetic
information provided in paragraph (g)(vi) of this section, an
insurer offering a policy of group or blanket disability
insurance shall not, based on the genetic testing information of
an individual or a family member of an individual:

(i) Deny eligibility;

(ii) Adjust premium rates;

(iii) Adjust contribution rates;

(iv) Request or require predictive genetic testing
information concerning an individual or a family member of the
individual, except the insurer may request, but not require,
predictive genetic testing information if needed for diagnosis,
treatment or payment. As part of a request under this paragraph,
the plan or issuer shall provide a description of the procedures
in place to safeguard confidentiality of the information.

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.