58-1-25. Use of genetic tests in offer, sale, or renewal of insurance prohibited.

No health carrier, life insurer, or long-term care insurer, in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision, may, in connection with the offer, sale, or renewal of insurance:

(1)    Require or request an individual or a blood relative of the individual to take a genetic test; or

(2)    Take into consideration the fact that a genetic test was refused by an individual or a blood relative of the individual.

Source: SL 2001, ch 267, § 2; SL 2021, ch 209, § 2, eff. Jan. 1, 2022.

58-1-25.1. Sharing of genetic information prohibited--Health carrier, life insurer, long-term care insurer.

Any company providing genetic testing directly to a consumer is prohibited from sharing any genetic test, genetic information, or other personally identifiable information of a consumer with any health carrier, life insurer, or long-term care insurer without written consent from the consumer. Nothing in this section prohibits a company that provides genetic testing from communicating with a health carrier for the purposes of payment, coordination of medical treatment, or patient care so long as such communication is compliant with the Health Insurance Portability and Accountability Act and only used for the purposes permitted in this section.

Source: SL 2021, ch 209, § 3, eff. Jan. 1, 2022.