375.1303. Genetic testing by insurer, limitations — penalty — health plan, defined.

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375.1303. Genetic testing by insurer, limitations — penalty — health plan, defined. — 1. Any insurer, in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage or any other underwriting decision, shall not, in connection with the offer, sale or renewal of a health plan:

(1)Require or request a person or blood relative of such person to provide genetic information or take a genetic test;

(2)Except as provided in subdivisions

(3)and

(4)of this subsection, inquire to determine whether a person or blood relative of such person has taken or refused a genetic test or what the results of any such test were;

(3)Consider without the approval of such person the fact that genetic information or a genetic test was taken or refused by a person or blood relative of such person; or

(4)Consider without the approval of such person genetic information or the results of any genetic test taken by a person or blood relative of such person.

2. A violation of this section shall be subject to the provisions of sections 375.930 to 375.948 relating to unfair trade practices.

3. For purposes of this section, "health plan" does not include any policy, contract or certificate of life insurance, reinsurance, disability income or long-term care coverage. This section applies to applications for coverage made on or after January 1, 1999, and to policies, contracts and certificates issued or renewed on or after such date to provide coverage to residents of this state.

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(L. 1998 S.B. 722 § 2)