Insurance Code 10149 (1994)
Summary:
Insurance underwriting based on genetic testing is subject to the requirements of the Insurance Information Protection Act of 1980, including notice, consent, usage and disclosure limitations.
Parties Bound:
Civil and criminals penalties for unauthorized disclosures under section 10149.1; negligent (max. $1K), willful ($5K), harmful ($10K plus one year in prison) California Penalty:
Civil and criminals penalties for unauthorized disclosures under section 10149.1; negligent (max. $1K), willful ($5K), harmful ($10K plus one year in prison) Subject Conferred Legal Right of Action:
yes Associated Federal Law(s):
Uses and disclosures of protected health information: general rules : A covered entity may not use or disclose protected health information; exceptions.
Associated Federal Law(s):
Limitation on Disclosure : Employers, labor organizations and others may not disclose genetic information: exceptions include written authorization; research; court order; government compliance investigations; imminent public health threats.
Associated Federal Law(s):
Privacy and Confidentiality : Amends HIPAA to treat genetic information as health information; use or disclosure by a covered entity (group health plan, health insurance issuer, or issuer of a Medicare supplemental policy) of protected health information that is genetic information about an individual for underwriting purposes shall not be a permitted use or disclosure. A covered entity that violates the HIPAA privacy rules by use or disclosure of genetic information shall be subject to the HIPAA penalty provisions.