Insurance Code 10192.24(c)-(e) (added by AB 1543, 2009)
Summary:
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.
Parties Bound:
issuers (i.e. insurance companies, fraternal benefit societies, and any other entity delivering, or issuing for delivery, Medicare supplement policies or certificates in California) Other Relevant California Code Sections:
Insurance Code 10140, 10143; Genetic Information Nondiscrimination Act of 2008 (Public Law 110-233) Associated Federal Law(s):
Limitation on group plan requesting, requiring or collecting of genetic information :
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.
Associated Federal Law(s):
Uses and disclosures of protected health information: general rules : Minimum necessary - covered entity must make reasonable efforts to limit the use/disclosure of protected health information to the minimum necessary to accomplish the intended purpose of the use, disclosure, or request; exceptions.
Associated Federal Law(s):
Uses and disclosures to carry out treatment, payment, or health care operations
: Permitted uses and disclosures