Health Insurance Nondiscrimination
Protections against health-insurance discrimination based on genetic information.
Records grouped under the same topic may offer different rights and protections.
This database: 3 records
NHGRI database archive: 269 records
Records about health insurance nondiscrimination
Showing 20 of 272; records from this database appear first.
| Jurisdiction | Law or policy | Topics | Status | Summary |
|---|---|---|---|---|
| Alabama | Genetic privacy and insurance protectionsWho Owns Your DNA?Legislation · Last action: February 6, 2024Primary source | Privacy, Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | Alabama SB 58 did not become law. It would have required express consent for collecting, analyzing, using, retaining, or transferring DNA, declared DNA analysis results to be the individual's exclusive property and confidential, and restricted some insurer uses of genetic information. |
| United States | HIPAA Privacy Rule treatment of genetic informationWho Owns Your DNA?Regulation · Effective: March 26, 2013Primary source | Genetic data storage/privacy/sharing (medicine), Health Insurance Nondiscrimination | Approved | The 2013 HIPAA final rule made clear that genetic information is health information under the HIPAA Privacy Rule. It also prohibited most health plans covered by HIPAA from using or disclosing protected health information that is genetic information for underwriting. |
| United States | Genetic Information Nondiscrimination Act of 2008Who Owns Your DNA?Statute · Signed: May 21, 2008Primary source | Employment Nondiscrimination, Health Insurance Nondiscrimination | Statute | The Genetic Information Nondiscrimination Act of 2008, or GINA, is a federal law that restricts how covered health insurers and employers may use genetic information when making health-coverage or employment decisions. Separate parts of the law govern health coverage and employment. Each part contains its own definitions, exceptions, effective dates, and enforcement rules. |
| California | 2021 State Bills California 2021 AB 1400NHGRI archive2021 legislative sessionPrimary source | Health Insurance Nondiscrimination | Died | Creates the California Guaranteed Health Care for All program, or CalCare, to provide comprehensive universal single-payer health care coverage and a health care cost control system for the benefit of all residents of the state. Declares that all California residents regardless of various characteristics, including genetic information, are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all health care providers participating in CalCare. Carries over to 2022. |
| California | 2021 State Bills California 2021 SB 255NHGRI archive2021 legislative sessionPrimary source | Health Insurance Nondiscrimination | Enacted | Authorizes an association of employers to offer a large group health care service plan contract or large group health insurance policy to small group employer members of the association consistent with federal Employee Retirement Income Security Act of 1974, if certain requirements are met. A policy or contract that is offered to or covers a small employer may not establish rules for eligibility, including continued eligibility, of an individual, or dependent of an individual, to enroll under the terms of the policy or contract based on various health status-related factors such as genetic information. 10/8/2021 Approved by the Governor. Effective 1/1/2022. |
| California | 2021 State Bills California 2021 SB 326NHGRI archive2021 legislative sessionPrimary source | Health Insurance Nondiscrimination | Enacted | Authorizes an association of employers to offer a large group health care service plan contract or large group health insurance policy to small group employer members of the association consistent with federal Employee Retirement Income Security Act of 1974, if certain requirements are met. A policy or contract that is offered to or covers a small employer may not establish rules for eligibility, including continued eligibility, of an individual, or dependent of an individual, to enroll under the terms of the policy or contract based on various health status-related factors such as genetic information. 10/9/2021 Approved by the Governor. Effective 1/1/2022. |
| California | 2021 State Bills California 2021 SB 718NHGRI archive2021 legislative sessionPrimary source | Health Insurance Nondiscrimination | Enacted | Authorizes an association of employers to offer a large group health care service plan contract or large group health insurance policy to small group employer members of the association consistent with federal Employee Retirement Income Security Act of 1974, if certain requirements are met. A policy or contract that is offered to or covers a small employer may not establish rules for eligibility, including continued eligibility, of an individual, or dependent of an individual, to enroll under the terms of the policy or contract based on various health status-related factors such as genetic information. 10/8/21 Approved by the Governor. Effective 1/1/2022. |
| Iowa | 2021 State Bills Iowa 2021 HF 55NHGRI archive2021 legislative sessionPrimary source | Health Insurance Nondiscrimination | Pending | A participating healthcare provider or participating care coordinators may not refuse to provide health care services to a member of the Health Iowa Program on the basis of various characteristics, including genetic information. The board for the Health Iowa Program must adopt rules to promote nondiscrimination with respect to members and health care providers on the basis of various factors, including genetic information. Carries over to 2022 session. |
| Kentucky | 2021 State Bills Kentucky 2021 HB 11NHGRI archive2021 legislative sessionPrimary source | Health Insurance Nondiscrimination | Died | Establishes health-status eligibility rules for health benefit plans in any market. Prohibits requiring a greater premium or contribution, or different benefits coverage, on the basis of any health status-related factor, including genetic information. Prohibits pre-existing condition exclusions. Prohibits adjustment of premium or contribution amounts for group health plans on the basis of genetic information. Died. |
| Maine | 2021 State Bills Maine 2021 LD 1085NHGRI archive2021 legislative sessionPrimary source | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | In the absence of a medical diagnosis of a disease, disorder or syndrome related to genetic information, a health insurer, life insurer or long-term care insurer may not cancel, limit or deny coverage or establish differentials in premium rates based on such genetic information. A health insurer, life insurer or long-term care insurer may not request, require, purchase or otherwise solicit genetic information; use genetic test results; or consider an individual's decisions or actions relating to genetic testing in any manner for any insurance purpose. 6/10/2021 Reports Read. On motion by Senator Sanborn of Cumberland the Majority Ought Not to Pass. Report accepted. In concurrence. Placed in Legislative Files. Died. |
| Missouri | 2021 State Bills Missouri 2021 HJR 51NHGRI archive2021 legislative sessionPrimary source | Health Insurance Nondiscrimination | Died | Proposes a Constitutional amendment, if approved by the voters, to provide that prohibits health plans from limiting or excluding benefits relating to any condition based on the fact that the condition is a preexisting condition or charging a different premium rate or imposing different out-of-pocket costs for the same coverage based on the fact that a person covered under the plan has a preexisting condition. Genetic information should not be treated as a preexisting condition in the absence of a diagnosis of the condition related to such information. 4/13/2021 Reported Do Pass House Rules Committee. Died. |
| Missouri | 2021 State Bills Missouri 2021 SJR 26NHGRI archive2021 legislative sessionPrimary source | Health Insurance Nondiscrimination | Died | Proposes a Constitutional amendment, if approved by the voters, to provide that prohibits health plans from limiting or excluding benefits relating to any condition based on the fact that the condition is a preexisting condition or charging a different premium rate or imposing different out-of-pocket costs for the same coverage based on the fact that a person covered under the plan has a preexisting condition. Genetic information should not be treated as a preexisting condition in the absence of a diagnosis of the condition related to such information. 4/22/2021 Voted Do Pass Senate Insurance and Banking Committee. Died. |
| North Carolina | 2021 State Bills North Carolina 2021 HB 450NHGRI archive2021 legislative sessionPrimary source | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Topics, Other Lines of Insurance Nondiscrimination | Pending | Prohibits discrimination based on various characteristics such as genetic information in the following areas: housing; employment; lending; education; public accommodation; insurance; and jury service. Carries over to 2022. |
| North Carolina | 2021 State Bills North Carolina 2021 SB 396NHGRI archive2021 legislative sessionPrimary source | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Topics, Other Lines of Insurance Nondiscrimination | Pending | Prohibits discrimination based on various characteristics such as genetic information in the following areas: housing; employment; lending; education; public accommodation; insurance; and jury service. Carries over to 2022. |
| Ohio | 2021 State Bills Ohio 2021 HB 281NHGRI archive2021 legislative sessionPrimary source | Health Insurance Nondiscrimination | Enacted | Amends the definition of "genetic screening or testing" used in the state health_insurance_nondiscrimination statute. Replaces "abnormalities, defects, or deficiencies," in the definition with "genotypes, mutations, or chromosomal changes." Carries over to 2022. |
| South Dakota | 2021 State Bills South Dakota 2021 SB 178NHGRI archive2021 legislative sessionPrimary source | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Privacy | Enacted | Existing law prohibits health carriers, in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision from, in connection with the offer, sale, or renewal of insurance: (1) requiring or requesting an individual or a blood relative of the individual to take a genetic test; or (2) taking into consideration the fact that a genetic test was refused by an individual or a blood relative of the individual. Amends existing law by adding life insurers and long-term care insurers to covered entities. Prohibits any company providing genetic testing directly to a consumer from sharing any genetic test, genetic information, or other personally identifiable information of a consumer with any health carrier, life insurer, or long-term care insurer without written consent from the consumer. A company that provides genetic testing may communicate with a health carrier for the purposes of payment, coordination of medical treatment, or patient care so long as such communication is compliant with the Health Insurance Portability and Accountability Act and only used for the purposes permitted. 3/29/2021 Signed by the Governor. Effective 1/1/2022. |
| Vermont | 2021 State Bills Vermont 2021 S21NHGRI archive2021 legislative sessionPrimary source | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Topics, Other Lines of Insurance Nondiscrimination | Died | Prohibits discrimination based on an individual�s genetic information in relation to employment, labor relations, insurance coverage, and the provision of social and medical services. 1/13/2021 Read 1st time & referred to Committee on Economic Development, Housing and General Affairs. Carries over to 2022. |
| West Virginia | 2021 State Bills West Virginia 2021 SB 567NHGRI archive2021 legislative sessionPrimary source | Health Insurance Nondiscrimination | Died | Requires health benefit plans to provide insurance to persons without regard to their health status. Prohibits insurers from using genetic information in decisions regarding premium, deductible, copay or coinsurance. 3/5/2021 To Senate Banking and Insurance Committee. Died. |
| Alabama | 2020 State Bills Alabama 2020 HB 266NHGRI archive2020 legislative sessionPrimary source | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | Prohibits health benefit plans, life insurers, and long term care insurers from (1) using an individual's genetic information to deny him or her insurance or to establish differentials in premium rates, or (2) requiring or soliciting genetic information, using genetic test results, or considering an individual's decisions or actions relating to genetic testing in any manner for insurance purposes. Died. |
| Connecticut | 2020 State Bills Connecticut 2020 SB 208NHGRI archive2020 legislative sessionPrimary source | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | Prohibits insurers, health care centers or fraternal benefit societies from purchasing information from direct-to-consumer genetic testing; requesting or requiring that a person disclose this information; or using such information in connection with the issuance, extension, renewal or withholding of an annuity, life insurance or health insurance. Insurers may not make provision of any insurance coverage, benefit, rate or term based on a requirement to undergo genetic testing or the results of a genetic test of an individual's family unless the results are in the individual's medical record. Died. |