Provides civil penalties for willful or negligent disclosure of results of a test for a genetic characteristic that are contained in the medical record of an applicant or enrollee of a health care service plan
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.
An issuer of a Medicare supplement policy or certificate shall not request or require an individual or a family member of that individual to undergo a genetic test. However, an issuer of a Medicare supplement policy or certificate may obtain and use the results of a genetic test in making a determination regarding payment; in which case, the issuer may request only the minimum amount of information necessary to accomplish the intended purpose.
An issuer of a Medicare supplement policy or certificate shall not request, require, seek, or purchase genetic information with respect to any individual or a family member of that individual prior to the individual's enrollment under the policy in connection with that enrollment.
If an issuer of a Medicare supplement policy or certificate obtains genetic information incidental to the requesting, requiring, or purchasing of other information concerning any individual or his/her family member, the request, requirement, or purchase shall not be considered a violation of this statute if the request, requirement, or purchase of genetic information is not for underwriting purposes. However, the issuer shall not use any genetic information obtained under this section for any prohibited purpose.
This section shall apply to the disclosure of genetic test results contained in an applicant or enrollee's medical records by a multiple employer welfare arrangement.
Applicant's "written authorization" for disclosure of genetic test results shall be written in plain language, dated and signed by the individual or a person authorized to act on behalf of the individual, specify the types of persons authorized to disclose information about the individual, the nature of the information authorized to be disclosed, states the name or functions of the persons or entities authorized to receive the information, the purposes for which the information is collected, the length of time the authorization shall remain valid, and advise the person signing the authorizatio
Exemptions from Public Records Act disclosure include documents for health care provider disciplinary proceeding, privileged communications in review of quality of care of health care service plans.
