375.1303. Genetic testing by insurer, limitations--penalty--health plan, defined. - Missouri Statutes

Genetic testing by insurer, limitations--penalty--health plan,defined.

375.1303. 1. Any insurer, in determining eligibility for coverage,establishing premiums, limiting coverage, renewing coverage or any otherunderwriting decision, shall not, in connection with the offer, sale orrenewal of a health plan:

(1) Require or request a person or blood relative of such person toprovide genetic information or take a genetic test;

(2) Except as provided in subdivisions (3) and (4) of thissubsection, inquire to determine whether a person or blood relative of suchperson has taken or refused a genetic test or what the results of any suchtest were;

(3) Consider without the approval of such person the fact thatgenetic information or a genetic test was taken or refused by a person orblood relative of such person; or

(4) Consider without the approval of such person genetic informationor the results of any genetic test taken by a person or blood relative ofsuch person.

2. A violation of this section shall be subject to the provisions ofsections 375.930 to 375.948 relating to unfair trade practices.

3. For purposes of this section, "health plan" does not include anypolicy, contract or certificate of life insurance, reinsurance, disabilityincome or long-term care coverage. This section applies to applicationsfor coverage made on or after January 1, 1999, and to policies, contractsand certificates issued or renewed on or after such date to providecoverage to residents of this state.

(L. 1998 S.B. 722 § 2)