§ 27-18-52.1. Genetic information.
(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 individual or group health insurance contract, plan, or policy delivered, issued
for delivery, or renewed in this state, that provides medical coverage that includes
coverage for physician services in a physician's office, and every policy that provides
major medical or similar comprehensive-type coverage excluding disability income,
long-term care, and insurance supplemental policies that only provide coverage for
specified diseases or other supplemental policies, shall:
(1) Use genetic information or request for genetic information or the results of genetic
information or other genetic information to reject, deny, limit, cancel, refuse to
renew, increase the rates of, affect the terms or conditions of, or otherwise affect
a group or an individual's health insurance policy, contract, or plan;
(2) Request or require genetic information for the purpose of determining whether or not
to issue or renew an individual's health benefits coverage, to set reimbursement/copay
levels, or determine covered benefits and services;
(3) Release the results of genetic information without the prior written authorization
of an individual from whom the information was obtained, except in a format where
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 genetic information,
or participated in genetic information of any kind, whether for clinical or research
purposes.
(c) For the purposes of this section, "genetic information� is information about genes,
gene product, or inherited characteristics that may derive from the individual or
a family member.