Insurer prohibited from requiring or using information concerning genetic testing; exceptions.
1. Except as otherwise provided in subsection 2, an insurer who provides group health insurance shall not:
(a) Require an insured person or any member of his family to take a genetic test;
(b) Require an insured person to disclose whether he or any member of his family has taken a genetic test or any genetic information of the insured person or a member of his family; or
(c) Determine the rates or any other aspect of the coverage or benefits for health care provided to an insured person based on:
(1) Whether the insured person or any member of his family has taken a genetic test; or
(2) Any genetic information of the insured person or any member of his family.
2. The provisions of this section do not apply to an insurer who issues a policy of group health insurance that provides coverage for long-term care or disability income.
3. As used in this section:
(a) “Genetic information” means any information that is obtained from a genetic test.
(b) “Genetic test” means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:
(1) Are linked to physical or mental disorders or impairments; or
(2) Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.
Last modified: February 27, 2006