TITLE 27

Insurance

CHAPTER 27-19

Nonprofit Hospital Service Corporations

SECTION 27-19-44



   § 27-19-44  Genetic testing. –

(a) Except as provided in chapter 37.3 of title 5, insurance administrators,

health plans and providers shall be prohibited from releasing genetic

information without prior written authorization of the individual. Written

authorization shall be required for each disclosure and include to whom the

disclosure is being made. An exception shall exist for those participating in

research settings governed by the federal policy for the protection of human

research subjects (also known as "The Common Rule"). Tests conducted purely for

research are excluded from the definition, as are tests for somatic (as opposed

to heritable) mutations, and testing for forensic purposes.



   (b) No nonprofit health service corporation subject to the

provisions of this chapter shall:



   (1) Use a genetic test or request for a genetic test or the

results of a genetic test or other genetic information to reject, deny, limit,

cancel, refuse to renew, increase the rates of, affect the terms or conditions

of, or affect a group or an individual's health insurance policy, contract, or

plan;



   (2) Request or require a genetic test for the purpose of

determining whether or not to issue or renew a group, individual health

benefits coverage to set reimbursement/co-pay levels or determine covered

benefits and services;



   (3) Release the results of a genetic test without the prior

written authorization of the individual from whom the test was obtained, except

in a format by which individual identifiers are removed, encrypted, or encoded

so that the identity of the individual is not disclosed. A recipient of

information pursuant to this section may use or disclose the information solely

to carry out the purpose for which the information was disclosed. Authorization

shall be required for each redisclosure. An exception shall exist for

participation in research settings governed by the federal policy for the

protection of human research subjects (also known as "The Common Rule");



   (4) Request or require information as to whether an

individual has ever had a genetic test, or participated in genetic testing of

any kind, whether for clinical or research purposes.



   (c) For the purposes of this section, "genetic testing" is

the analysis of an individual's DNA, RNA, chromosomes, proteins and certain

metabolites in order to detect heritable disease-related genotypes, mutations,

phenotypes or karyotypes for clinical purposes. These purposes include

predicating risk of disease, identifying carriers, establishing prenatal and

clinical diagnosis or prognosis. Prenatal, newborn and carrier screening, as

well as testing in high risk families may be included provided there is an

approved release by a parent or guardian. Tests for metabolites are covered

only when they are undertaken with high probability that an excess of

deficiency of the metabolite indicates the presence of heritable mutations in

single genes. "Genetic testing" does not mean routine physical measurement, a

routine chemical, blood, or urine analysis, or a test for drugs or for HIV

infection.



History of Section.

(P.L. 1998, ch. 380, § 2; P.L. 2001, ch. 38, § 3; P.L. 2001, ch. 54,

§ 3.)