Requiring or using information concerning genetic testing.
1. A health maintenance organization shall not:
(a) Require an enrollee or any member of his family to take a genetic test;
(b) Require an enrollee to disclose whether he or any member of his family has taken a genetic test or the genetic information of the enrollee 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 enrollee based on:
(1) Whether the enrollee or any member of his family has taken a genetic test; or
(2) Any genetic information of the enrollee or any member of his family.
2. 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 which 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