§ 27-41-53. 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 health maintenance organization subject to the provisions of this chapter shall:
(1) Use a genetic test or request for genetic test or the results of a genetic test 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 an individual's 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 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 re-disclosure. 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, protein, and certain metabolites in order to detect heritable
inheritable disease-related genotypes, mutations, phenotypes, or karyotypes for clinical
purposes. Those purposes include predicting risk of disease, identifying carriers,
establishing prenatal and clinical diagnosis or prognosis. Prenatal, newborn, and
carrier screening, and 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 or 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 infections.