(A) A health insurance issuer may not request or require an individual or a family member of an individual to undergo a genetic test. However, nothing in this subsection may be construed so as to limit the authority of a health care professional who is providing health care services to an individual to request that the individual undergo a genetic test.
(B) Notwithstanding subsection (A), a health insurance issuer may request, but not require, that an individual or a family member of the individual undergo a genetic test if each of the following conditions is met:
(1) the request is made pursuant to research that complies with Part 46 of Title 45, Code of Federal Regulations, or equivalent federal regulations and any applicable state law or regulations for the protection of human subjects in research;
(2) the issuer clearly indicates to each individual, or a person legally authorized to consent on behalf of the individual, to whom the request is made that:
(i) compliance with the request is voluntary; and
(ii) noncompliance will have no effect on enrollment or coverage status or premium or contribution amounts;
(3) no genetic information collected or acquired under this chapter may be used for underwriting purposes;
(4) the issuer notifies the Secretary in writing that the issuer is conducting activities pursuant to the exception provided in this subsection, including a description of the activities conducted; and
(5) the issuer complies with other conditions as the secretary may require by regulation for activities conducted under this subsection.
HISTORY: 2010 Act No. 217, Section 14, eff June 7, 2010.