§ 58‑3‑215. Genetic information in health insurance.
(a) Definitions. Asused in this section:
(1) "Geneticinformation" means information about genes, gene products, or inheritedcharacteristics that may derive from an individual or a family member. "Geneticinformation" does not include the results of routine physicalmeasurements, blood chemistries, blood counts, urine analyses, tests for abuseof drugs, and tests for the presence of human immunodeficiency virus.
(2) "Health benefitplan" means an accident and health insurance policy or certificate; anonprofit hospital or medical service corporation contract; a healthmaintenance organization subscriber contract; a plan provided by a multipleemployer welfare arrangement; or a plan provided by another benefitarrangement, to the extent permitted by the Employee Retirement Income SecurityAct of 1974, as amended, or by any waiver of or other exception to that Actprovided under federal law or regulation. "Health benefit plan" doesnot mean any plan implemented or administered through the Department of Healthand Human Services or its representatives. "Health benefit plan" alsodoes not mean any of the following kinds of insurance:
a. Accident
b. Credit
c. Disability income
d. Long‑term ornursing home care
e. Medicare supplement
f. Specified disease
g. Dental or vision
h. Coverage issued as asupplement to liability insurance
i. Workers'compensation
j. Medical paymentsunder automobile or homeowners
k. Hospital income orindemnity
l. Insurance under whichbenefits are payable with or without regard to fault and that is statutorilyrequired to be contained in any liability policy or equivalent self‑insurance
m. Blanket accident andsickness.
(3) "Insurer"means an insurance company subject to this Chapter; a service corporationorganized under Article 65 of this Chapter; a health maintenance organizationorganized under Article 67 of this Chapter; or a multiple employer welfarearrangement subject to Article 49 of this Chapter.
(b) For the purpose ofthis section, routine physical measurements, blood chemistries, blood counts,urine analyses, tests for abuse of drugs, and tests for the presence of humanimmunodeficiency virus are not to be considered genetic tests.
(c) No insurer shall:
(1) Raise the premium orcontribution rates paid by a group for a group health benefit plan on the basisof genetic information obtained about an individual member of the group.
(2) Refuse to issue ordeliver a health benefit plan because of genetic information obtained about anyperson to be insured by the health benefit plan.
(3) Charge a higherpremium rate or charge for a health benefit plan because of genetic informationobtained about any person to be insured by the health benefit plan.
(d) Notwithstanding anyother provision of this section, a health benefit plan, as defined in G.S. 58‑3‑167,and insurers, as defined in G.S. 58‑3‑167, shall comply with allapplicable standards of Public Law 110‑233, known as the GeneticInformation Nondiscrimination Act of 2008, as amended by Public Law 110‑343,and as further amended. (1997‑350, s. 1; 1997‑443, s. 11A.118(b); 2009‑382,s. 18.)
§ 58‑3‑215. Genetic information in health insurance.
(a) Definitions. Asused in this section:
(1) "Geneticinformation" means information about genes, gene products, or inheritedcharacteristics that may derive from an individual or a family member. "Geneticinformation" does not include the results of routine physicalmeasurements, blood chemistries, blood counts, urine analyses, tests for abuseof drugs, and tests for the presence of human immunodeficiency virus.
(2) "Health benefitplan" means an accident and health insurance policy or certificate; anonprofit hospital or medical service corporation contract; a healthmaintenance organization subscriber contract; a plan provided by a multipleemployer welfare arrangement; or a plan provided by another benefitarrangement, to the extent permitted by the Employee Retirement Income SecurityAct of 1974, as amended, or by any waiver of or other exception to that Actprovided under federal law or regulation. "Health benefit plan" doesnot mean any plan implemented or administered through the Department of Healthand Human Services or its representatives. "Health benefit plan" alsodoes not mean any of the following kinds of insurance:
a. Accident
b. Credit
c. Disability income
d. Long‑term ornursing home care
e. Medicare supplement
f. Specified disease
g. Dental or vision
h. Coverage issued as asupplement to liability insurance
i. Workers'compensation
j. Medical paymentsunder automobile or homeowners
k. Hospital income orindemnity
l. Insurance under whichbenefits are payable with or without regard to fault and that is statutorilyrequired to be contained in any liability policy or equivalent self‑insurance
m. Blanket accident andsickness.
(3) "Insurer"means an insurance company subject to this Chapter; a service corporationorganized under Article 65 of this Chapter; a health maintenance organizationorganized under Article 67 of this Chapter; or a multiple employer welfarearrangement subject to Article 49 of this Chapter.
(b) For the purpose ofthis section, routine physical measurements, blood chemistries, blood counts,urine analyses, tests for abuse of drugs, and tests for the presence of humanimmunodeficiency virus are not to be considered genetic tests.
(c) No insurer shall:
(1) Raise the premium orcontribution rates paid by a group for a group health benefit plan on the basisof genetic information obtained about an individual member of the group.
(2) Refuse to issue ordeliver a health benefit plan because of genetic information obtained about anyperson to be insured by the health benefit plan.
(3) Charge a higherpremium rate or charge for a health benefit plan because of genetic informationobtained about any person to be insured by the health benefit plan.
(d) Notwithstanding anyother provision of this section, a health benefit plan, as defined in G.S. 58‑3‑167,and insurers, as defined in G.S. 58‑3‑167, shall comply with allapplicable standards of Public Law 110‑233, known as the GeneticInformation Nondiscrimination Act of 2008, as amended by Public Law 110‑343,and as further amended. (1997‑350, s. 1; 1997‑443, s. 11A.118(b); 2009‑382,s. 18.)
§ 58‑3‑215. Genetic information in health insurance.
(a) Definitions. Asused in this section:
(1) "Geneticinformation" means information about genes, gene products, or inheritedcharacteristics that may derive from an individual or a family member. "Geneticinformation" does not include the results of routine physicalmeasurements, blood chemistries, blood counts, urine analyses, tests for abuseof drugs, and tests for the presence of human immunodeficiency virus.
(2) "Health benefitplan" means an accident and health insurance policy or certificate; anonprofit hospital or medical service corporation contract; a healthmaintenance organization subscriber contract; a plan provided by a multipleemployer welfare arrangement; or a plan provided by another benefitarrangement, to the extent permitted by the Employee Retirement Income SecurityAct of 1974, as amended, or by any waiver of or other exception to that Actprovided under federal law or regulation. "Health benefit plan" doesnot mean any plan implemented or administered through the Department of Healthand Human Services or its representatives. "Health benefit plan" alsodoes not mean any of the following kinds of insurance:
a. Accident
b. Credit
c. Disability income
d. Long‑term ornursing home care
e. Medicare supplement
f. Specified disease
g. Dental or vision
h. Coverage issued as asupplement to liability insurance
i. Workers'compensation
j. Medical paymentsunder automobile or homeowners
k. Hospital income orindemnity
l. Insurance under whichbenefits are payable with or without regard to fault and that is statutorilyrequired to be contained in any liability policy or equivalent self‑insurance
m. Blanket accident andsickness.
(3) "Insurer"means an insurance company subject to this Chapter; a service corporationorganized under Article 65 of this Chapter; a health maintenance organizationorganized under Article 67 of this Chapter; or a multiple employer welfarearrangement subject to Article 49 of this Chapter.
(b) For the purpose ofthis section, routine physical measurements, blood chemistries, blood counts,urine analyses, tests for abuse of drugs, and tests for the presence of humanimmunodeficiency virus are not to be considered genetic tests.
(c) No insurer shall:
(1) Raise the premium orcontribution rates paid by a group for a group health benefit plan on the basisof genetic information obtained about an individual member of the group.
(2) Refuse to issue ordeliver a health benefit plan because of genetic information obtained about anyperson to be insured by the health benefit plan.
(3) Charge a higherpremium rate or charge for a health benefit plan because of genetic informationobtained about any person to be insured by the health benefit plan.
(d) Notwithstanding anyother provision of this section, a health benefit plan, as defined in G.S. 58‑3‑167,and insurers, as defined in G.S. 58‑3‑167, shall comply with allapplicable standards of Public Law 110‑233, known as the GeneticInformation Nondiscrimination Act of 2008, as amended by Public Law 110‑343,and as further amended. (1997‑350, s. 1; 1997‑443, s. 11A.118(b); 2009‑382,s. 18.)
