Duty LXD-7028
Provides financial services, in Massachusetts
Genetic information: prior written consent for testing and informed written consent for disclosurein force4 lines
Mass. Gen. Laws ch. 111, § 70G · Read the law's page
- If you are a facility, physician or health care provider, test a person for genetic information only after you obtain that person's prior written consent. A prior written consent is a signed form that is not a general waiver, and states the purpose of the test, that the person discussed the reliability of the results with the ordering practitioner, that genetic counseling is available, a general description of each condition tested for, and who may receive the results.
- If you are a facility, physician or health care provider, do not disclose a genetic test result to anyone other than the person tested, and do not identify the person tested to anyone, without informed written consent, a separate written consent form that states the purpose of the request, or a proper judicial order. Confidential research information used only for epidemiological or clinical research is excepted from the disclosure bar.
- If you are a hospital, laboratory, registry, physician, insurance institution, insurance support organization, insurance representative or commercial genetic testing company, do not divulge reports and records pertaining to genetic information without informed written consent, except as subsection (b) provides: on proper judicial order, to a person whose official duties the commissioner finds entitle receipt, in connection with life, disability and long term care insurance as chapter 175I authorizes, or as confidential research information.
- If you are a laboratory, run a requested genetic test only when the request carries the ordering practitioner's signed statement that the appropriate prior written consent has been obtained, unless the test is conducted as confidential research information.
Electronic fund transfers: Social Security number as an account or identification numberin force2 lines
Mass. Gen. Laws ch. 167B, § 14 · Read the law's page
- If you hold a consumer's account or issue an access device and agree to provide electronic fund transfer services, do not use the consumer's Social Security number as a central information file number, personal identification number or primary financial account number, or a subpart of one.
- Do not use the consumer's Social Security number to electronically identify the consumer to any financial institution or organization; it may be used only to assist in verifying the consumer's identity, and not to circumvent this limit.
Insurer limits on genetic tests and genetic information: accident and sickness, disability, long term care and life insurancein force4 lines
Mass. Gen. Laws ch. 175, §§ 108H, 108I and 120E · Read the law's page
- If you are a company, officer, agent or insurance broker writing an individual or group accident and sickness policy that provides hospital and surgical expense insurance, do not cancel, refuse to issue or renew, or make any distinction in premiums, rates, length of coverage or other terms based on genetic information, and do not require genetic tests or genetic information as a condition of issuing or renewing the policy (section 108H).
- If you are an insurer, agent or broker authorized to issue disability, long term care or life policies in the commonwealth, do not practice unfair discrimination against a person because of the results of a genetic test or the provision of genetic information, meaning cancelling, refusing to issue or renew, charging any increased rate or restricting any length of coverage, unless the action rests on reliable information about the insured's mortality or morbidity based on sound actuarial principles or actual or reasonably anticipated claim experience (sections 108I and 120E).
- Do not require an applicant for a disability, long term care or life policy to undergo a genetic test as a condition of issuing or renewing the policy (sections 108I and 120E).
- If an application asks whether the applicant has taken a genetic test, state on or with the application that the applicant is not required to answer and that failing to answer may result in an increased rate or denial of coverage (sections 108I and 120E).
Insurance Information and Privacy Protection: notice, access, correction, adverse underwriting decisions and disclosure limitsin force5 lines
Mass. Gen. Laws ch. 175I, §§ 1 to 22 · Read the law's page
- If you are an insurance institution or insurance representative, give every applicant or policyholder a written notice of information practices no later than the time of application, and at renewal, reinstatement or change in benefits unless the section excuses it. The notice states whether information may be collected from others, the types of information, sources and investigative techniques, the permitted disclosures, the rights in sections 8, 9 and 10, and that an insurance-support organization may retain and disclose its report. An abbreviated notice may replace it.
- Within thirty business days of an identified individual's written request, give the individual a copy of, or the nature and substance of, recorded personal information, with the source and the persons to whom it was disclosed in the previous two years, and a summary of the correction procedure.
- Within thirty business days of a written request, correct, amend or delete disputed recorded personal information, or reinvestigate it and either do so or tell the individual of the refusal, the reason, the right to file a statement and the right to ask the commissioner to review.
- After an adverse underwriting decision, give the applicant or policyholder the specific reason in writing or tell them they can receive it on written request, with a summary of their rights. On a written request within ninety business days, furnish the specific reason and the specific items of personal and privileged information that support it within twenty-one business days.
- Do not disclose personal or privileged information collected in connection with an insurance transaction unless the individual authorizes it in writing or the disclosure falls within an exception in section 13.
Medical service plans and health maintenance organizations: limits on genetic tests and genetic informationin force2 lines
Mass. Gen. Laws ch. 176A, § 3B; ch. 176B, § 5B; ch. 176G, § 24 · Read the law's page
- If you are a corporation subject to chapter 176A or 176B (a nonprofit hospital or medical service corporation), or an officer or agent of one, do not cancel, refuse to issue or renew, or make any distinction in premiums, rates, length of coverage or other terms of a medical service plan based on genetic information, and do not require genetic tests or private genetic information as a condition of issuing or renewing a hospital service plan (section 3B) or a medical service plan (section 5B).
- If you are a health maintenance organization subject to chapter 176G, or an officer or agent of one, do not cancel, refuse to issue or renew, or make any distinction in premium, rates, length of coverage or other terms of a health maintenance contract based on genetic information, and do not require genetic tests or private genetic information as a condition of issuing or renewing the contract (section 24).
Preferred provider arrangements: limits on genetic tests and genetic information in health benefit plansin force1 line
Mass. Gen. Laws ch. 176I, § 4A · Read the law's page
- If you are an organization or preferred provider under chapter 176I, do not cancel, refuse to issue or renew, or make any distinction in premiums, rates, length of coverage or other terms of a health benefit plan based on genetic information, and do not require genetic tests or private genetic information as a condition of issuing or renewing the plan.