CHAPTER 26. GENETIC SCREENING OR TESTING
IC 27-8-26
Chapter 26. Genetic Screening or Testing
IC 27-8-26-1
Applicability of chapter
Sec. 1. (a) This chapter applies to the following:
(1) Every policy of accident and sickness insurance (as definedin IC 27-8-5-1), whether written on an individual basis, a groupbasis, a franchise basis, or a blanket basis that is issued,delivered, or renewed in Indiana.
(2) Every group contract (as defined in IC 27-13-1-16) orindividual contract (as defined in IC 27-13-1-21) through whicha health maintenance organization furnishes health care servicesthat is delivered, executed, or renewed in Indiana.
(3) Every health care plan of a state or local governmentalentity that provides coverage for health care services on aself-insurance basis in Indiana.
(4) Every employee welfare benefit plan (as defined in 29U.S.C. 1002) that is self-funded.
(b) This chapter does not apply to the following:
(1) Accident-only insurance, credit insurance, or disabilityincome insurance.
(2) Coverage issued as a supplement to liability insurance.
(3) Worker's compensation or similar insurance.
(4) Automobile medical payment insurance.
(5) Life insurance.
As added by P.L.150-1997, SEC.4.
IC 27-8-26-2
"Genetic screening or testing" defined
Sec. 2. (a) As used in this chapter, "genetic screening or testing"means a laboratory test:
(1) of an individual's genes or chromosomes for abnormalities,defects, or deficiencies, including changes in the number,structure, or integrity of an individual's chromosomes or carrierstatus, that:
(A) are linked to physical or mental disorders orimpairments;
(B) indicate a susceptibility to illness, disease, or otherdisorders, whether physical or mental; or
(C) demonstrate genetic or chromosomal damage due toenvironmental factors; and
(2) that is a direct test for abnormalities, defects, or deficienciesin an individual's genes or chromosomes.
(b) The term does not include the detection of a genetic disorderthrough the manifestation of the genetic disorder.
As added by P.L.150-1997, SEC.4.
IC 27-8-26-3
"Health care services coverage" defined Sec. 3. As used in this chapter, "health care services coverage"refers to an insurance policy, a health maintenance organizationcontract, or a governmental health care plan described in section 1 ofthis chapter.
As added by P.L.150-1997, SEC.4.
IC 27-8-26-4
"Insurer" defined
Sec. 4. As used in this chapter, "insurer" means a company, afirm, a partnership, an entity, an association, an order, a society, ora system:
(1) making any of the kinds of insurance;
(2) entering into any of the kinds of contracts; or
(3) providing any of the coverage;
described in section 1 of this chapter.
As added by P.L.150-1997, SEC.4.
IC 27-8-26-5
Determination of eligibility for health care services coverage byinsurer; prohibitions
Sec. 5. In processing an application for health care servicescoverage or in determining insurability for health care servicescoverage, an insurer may not do any of the following:
(1) Require an individual or any member of an individual'sfamily seeking health care services coverage to submit togenetic screening or testing.
(2) Consider any information obtained from genetic screeningor testing in a manner adverse to:
(A) an applicant or a member of an applicant's family for; or
(B) an individual or a member of an individual's familycovered by;
health care services coverage.
(3) Inquire, directly or indirectly, into the results of geneticscreening or testing, or use such information to cancel, refuseto issue or renew, or limit benefits under health care servicescoverage.
(4) Make a decision adverse to an applicant or a member of anapplicant's family based on entries related to the results ofgenetic testing or screening in medical records or other reportsof genetic screening or testing.
As added by P.L.150-1997, SEC.4.
IC 27-8-26-6
Questions by insurer regarding genetic screening or testing resultsprohibited
Sec. 6. In developing and asking questions regarding the medicalhistory of an applicant for health care services coverage, an insurermay not ask:
(1) for the results of; or
(2) questions designed to ascertain the results of;genetic screening or testing.
As added by P.L.150-1997, SEC.4.
IC 27-8-26-7
Refusal of health care services coverage based on genetic screeningor testing results prohibited
Sec. 7. An insurer may not cancel, refuse to issue, refuse to renew,or refuse to enter into a contract for health care services coveragebased on the results of genetic screening or testing.
As added by P.L.150-1997, SEC.4.
IC 27-8-26-8
Limitation of benefits or establishment of premiums based ongenetic screening or testing results prohibited
Sec. 8. An insurer may not deliver, issue for delivery, renew, orexecute a contract for health care services coverage in Indiana that:
(1) limits benefits; or
(2) establishes premiums;
based on the results of genetic screening or testing.
As added by P.L.150-1997, SEC.4.
IC 27-8-26-9
Consideration of genetic screening or testing results by insurer
Sec. 9. An insurer may consider the results of genetic screeningor testing if:
(1) the results are voluntarily submitted by:
(A) an applicant for; or
(B) an individual seeking renewal of;
health care services coverage; and
(2) the results are favorable to the applicant or the individual.
As added by P.L.150-1997, SEC.4.
IC 27-8-26-10
Enforcement of chapter; rules
Sec. 10. (a) The commissioner shall enforce this chapter.
(b) The commissioner may adopt rules under IC 4-22-2 to carryout this chapter.
As added by P.L.150-1997, SEC.4.
IC 27-8-26-11
Violation unfair and deceptive act or practice
Sec. 11. A violation of this chapter is an unfair and deceptive actor practice in the business of insurance under IC 27-4-1-4.
As added by P.L.150-1997, SEC.4.