Insurance Code 10192.24(g) (added by AB 1543, 2009)
Summary:
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.
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.