§431:10A-118  Genetic informationnondiscrimination in accident and health or sickness insurance coverage. (a)  No insurer may:

(1)  Use an individual's or a family member's geneticinformation, or request for genetic services, to deny or limit any coverage orestablish eligibility, continuation, enrollment, or premium payments;

(2)  Request or require collection or disclosure of anindividual's or a family member's genetic information; or

(3)  Disclose an individual's or a family member'sgenetic information without the written consent of the person affected, theperson's legal guardian, or a person with power of attorney for health care forthe person affected.  This consent shall be required for each disclosure andshall include the name of each person or organization to whom the disclosurewill be made.

(b)  As used in this section:

"Family member" means, with respectto the individual, another individual related by blood to that individual.

"Genetic information" meansinformation about genes, gene products, hereditary susceptibility to disease,or inherited characteristics that may derive from the individual or familymember.

"Genetic services" means healthservices to obtain, assess, or interpret genetic information for diagnosis,therapy, or genetic counseling.

(c)  This section shall not apply to any actiontaken in connection with policies of life insurance, disability incomeinsurance, and long-term care insurance delivered or issued for delivery inthis State. [L 1997, c 91, §1; am L 2003, c 212, §75]

 

Law Journals and Reviews

 

  Privacy and Genetics:  Protecting Genetic Test Results inHawai‘i.  25 UH L. Rev. 449.