§ 27-19-44. Genetic testing.
(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 nonprofit health service corporation subject to the provisions of this chapter
shall:
(1) Use a genetic test or request for a genetic test or the results of a genetic test
or other genetic information to reject, deny, limit, cancel, refuse to renew, increase
the rates of, affect the terms or conditions of, or affect a group or an individual's
health insurance policy, contract, or plan;
(2) Request or require a genetic test for the purpose of determining whether or not to
issue or renew a group, individual health benefits coverage, to set reimbursement/copay
levels, or determine covered benefits and services;
(3) Release the results of a genetic test without the prior written authorization of the
individual from whom the test was obtained, except in a format by which 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�); or
(4) Request or require information as to whether an individual has ever had a genetic
test, or participated in genetic testing of any kind, whether for clinical or research
purposes.
(c) For the purposes of this section, "genetic testing� is the analysis of an individual's
DNA, RNA, chromosomes, proteins, and certain metabolites in order to detect heritable
disease-related genotypes, mutations, phenotypes, or karyotypes for clinical purposes.
These purposes include predicting risk of disease, identifying carriers, establishing
prenatal and clinical diagnosis or prognosis. Prenatal, newborn, and carrier screening,
as well as testing in high-risk families, may be included provided there is an approved
release by a parent or guardian. Tests for metabolites are covered only when they
are undertaken with high probability that an excess of deficiency of the metabolite
indicates the presence of heritable mutations in single genes. "Genetic testing� does
not mean routine physical measurement, a routine chemical, blood, or urine analysis,
or a test for drugs or for HIV infection.