40-2259.Genetic screening or testing; prohibitingthe use of; exceptions.(a) As used in this section, "genetic screening ortesting"means a laboratory test of a person's genes or chromosomes for abnormalities,defects or deficiencies, including carrier status, that are linked to physicalor mental disorders or impairments, or that indicate a susceptibility toillness, disease or other disorders, whether physical or mental, which test isa direct test for abnormalities, defects or deficiencies, and not an indirectmanifestation of genetic disorders.
(b) An insurance company, health maintenance organization, nonprofit medicaland hospital, dental, optometric or pharmacy corporations, or a group subjecttoK.S.A. 12-2616 et seq., and amendments thereto, shall not:
(1) Require or request directly or indirectly any individual or a member ofthe individual's family to obtain a genetic test;
(2) require or request directly or indirectly any individual to revealwhether the individual or a member of the individual's family has obtained agenetic test or the results of the test, if obtained by the individual ora member of the individual's family;
(3) condition the provision of insurance coverage or health care benefits onwhether an individual or a member of the individual's family has obtained agenetic test or the results of the test, if obtained by the individual ora member of the individual's family; or
(4) consider in the determination of rates or any other aspect of insurancecoverage or health care benefits provided to an individual whether anindividual or a member of the individual's family has obtained a genetic testor the results of the test, if obtained by the individual or a member ofthe individual's family.
(c) Subsection (b) does not apply to an insurer writing life insurance,disability income insurance or long-term care insurancecoverage.
(d) An insurer writing life insurance, disability income insurance orlong-term care insurance coverage that obtains informationunder paragraphs (1)or (2) of subsection (b), shall not:
(1) Use the information contrary to paragraphs (3) or (4) of subsection (b)in writing a type of insurance coverage other than life for the individual or amember of the individual's family; or
(2) provide for rates or any other aspect of coverage that is not reasonablyrelated to the risk involved.
40-2259.Genetic screening or testing; prohibitingthe use of; exceptions.(a) As used in this section, "genetic screening ortesting"means a laboratory test of a person's genes or chromosomes for abnormalities,defects or deficiencies, including carrier status, that are linked to physicalor mental disorders or impairments, or that indicate a susceptibility toillness, disease or other disorders, whether physical or mental, which test isa direct test for abnormalities, defects or deficiencies, and not an indirectmanifestation of genetic disorders.
(b) An insurance company, health maintenance organization, nonprofit medicaland hospital, dental, optometric or pharmacy corporations, or a group subjecttoK.S.A. 12-2616 et seq., and amendments thereto, shall not:
(1) Require or request directly or indirectly any individual or a member ofthe individual's family to obtain a genetic test;
(2) require or request directly or indirectly any individual to revealwhether the individual or a member of the individual's family has obtained agenetic test or the results of the test, if obtained by the individual ora member of the individual's family;
(3) condition the provision of insurance coverage or health care benefits onwhether an individual or a member of the individual's family has obtained agenetic test or the results of the test, if obtained by the individual ora member of the individual's family; or
(4) consider in the determination of rates or any other aspect of insurancecoverage or health care benefits provided to an individual whether anindividual or a member of the individual's family has obtained a genetic testor the results of the test, if obtained by the individual or a member ofthe individual's family.
(c) Subsection (b) does not apply to an insurer writing life insurance,disability income insurance or long-term care insurancecoverage.
(d) An insurer writing life insurance, disability income insurance orlong-term care insurance coverage that obtains informationunder paragraphs (1)or (2) of subsection (b), shall not:
(1) Use the information contrary to paragraphs (3) or (4) of subsection (b)in writing a type of insurance coverage other than life for the individual or amember of the individual's family; or
(2) provide for rates or any other aspect of coverage that is not reasonablyrelated to the risk involved.
40-2259.Genetic screening or testing; prohibitingthe use of; exceptions.(a) As used in this section, "genetic screening ortesting"means a laboratory test of a person's genes or chromosomes for abnormalities,defects or deficiencies, including carrier status, that are linked to physicalor mental disorders or impairments, or that indicate a susceptibility toillness, disease or other disorders, whether physical or mental, which test isa direct test for abnormalities, defects or deficiencies, and not an indirectmanifestation of genetic disorders.
(b) An insurance company, health maintenance organization, nonprofit medicaland hospital, dental, optometric or pharmacy corporations, or a group subjecttoK.S.A. 12-2616 et seq., and amendments thereto, shall not:
(1) Require or request directly or indirectly any individual or a member ofthe individual's family to obtain a genetic test;
(2) require or request directly or indirectly any individual to revealwhether the individual or a member of the individual's family has obtained agenetic test or the results of the test, if obtained by the individual ora member of the individual's family;
(3) condition the provision of insurance coverage or health care benefits onwhether an individual or a member of the individual's family has obtained agenetic test or the results of the test, if obtained by the individual ora member of the individual's family; or
(4) consider in the determination of rates or any other aspect of insurancecoverage or health care benefits provided to an individual whether anindividual or a member of the individual's family has obtained a genetic testor the results of the test, if obtained by the individual or a member ofthe individual's family.
(c) Subsection (b) does not apply to an insurer writing life insurance,disability income insurance or long-term care insurancecoverage.
(d) An insurer writing life insurance, disability income insurance orlong-term care insurance coverage that obtains informationunder paragraphs (1)or (2) of subsection (b), shall not:
(1) Use the information contrary to paragraphs (3) or (4) of subsection (b)in writing a type of insurance coverage other than life for the individual or amember of the individual's family; or
(2) provide for rates or any other aspect of coverage that is not reasonablyrelated to the risk involved.
