Insurance Code 10148 (added by SB 1654, 1998)
Summary:
No life or disability income insurer shall require a test for the presence of a genetic characteristic for the purpose of determining insurability other than for those policies that are contingent on review or testing for other diseases or medical conditions. The test shall be done in accordance with the informed consent and privacy protection provisions as required by law. Written informed consent shall include a description of the test to be performed, the meaning of its results, procedures for notifying the applicant of the results, and the right to confidential treatment of the results.
Parties Bound:
insurers Other Relevant California Code Sections:
Insurance Code 791 et seq. Associated Federal Law(s):
Uses and disclosures for which an authorization is required : Authorization is generally required for use or disclosure of protected health information. Exceptions (listed).
Associated Federal Law(s):
Notice of privacy practices for protected health information : Right to notice of privacy practices. Exception for group health plans; inmates.
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):
No discrimination in group premiums on the basis of genetic information
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