GINA 105

Provides civil penalties for willful or negligent disclosure of results of a test for a genetic characteristic that are contained in the medical record of an applicant or enrollee of a health care service plan

The Public Records Act exempts from disclosure genetic test results in medical record of applicant or enrollee of specified insurance plans.

This provision states the purposes of Article 2.6 (Underwriting on the Basis of Test of Genetic Characteristics), which include requiring the maintenance of strict confidentiality of personal information obtained through a test of a person's genetic characteristics.

Insurance underwriting based on genetic testing is subject to the requirements of the Insurance Information Protection Act of 1980, including notice, consent, usage and disclosure limitations.

Unauthorized disclosure of results of a test for a genetic characteristic requested by a life or disability insurer is punishable as a misdemeanor, with civil fines, or both, depending on whether the disclosure was willful or negligent.

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.

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.

If an issuer of a Medicare supplement policy or certificate obtains genetic information incidental to the requesting, requiring, or purchasing of other information concerning any individual or his/her family member, the request, requirement, or purchase shall not be considered a violation of this statute if the request, requirement, or purchase of genetic information is not for underwriting purposes. However, the issuer shall not use any genetic information obtained under this section for any prohibited purpose.

This section shall apply to the disclosure of genetic test results contained in an applicant or enrollee's medical records by a multiple employer welfare arrangement.