Law / United States / 
Alabama
Genetic testing for cancer: health benefit plan limits on requiring or using a genetic test
Ala. Code secs. 27-53-1 to 27-53-4
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- As a health benefit plan, do not require, as a condition of insurability, that a person take a genetic test to determine whether the person has a predisposition for cancer.
- Do not use the results of a genetic test that may show a person's predisposition for cancer to determine insurability or to otherwise discriminate against the person in rates or benefits based on the results.
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
Alabama Commissioner of Insurance, who may suspend or revoke the license of an insurance company or health maintenance organization or impose another administrative penalty authorized by law (section 27-53-3).
What this law does
A health benefit plan is a health insurance policy, including a self-insured health plan, that covers hospital, medical or surgical expenses. A health benefit plan located or domiciled outside Alabama is subject to the chapter if it receives, processes, adjudicates, pays or denies claims for Alabama residents or for care received in Alabama.
A genetic test is a pre-symptomatic laboratory test, generally accepted in the scientific and medical communities, for determining the presence or absence of genetic characteristics that cause or are associated with risk of a disease or disorder. A health benefit plan may not require, as a condition of insurability, that a person take a genetic test to determine whether the person has a predisposition for cancer.
A health benefit plan may not use the results of a genetic test that may show a predisposition for cancer to determine insurability or to discriminate against the person in rates or benefits. Chapter 53 of Title 27 of the Code of Alabama applies to all programs administered by the Alabama Medicaid Agency.
The license of an insurance company or health maintenance organization is subject to suspension, revocation or another administrative penalty, within the discretion of the Commissioner of Insurance, for any violation of Chapter 53 of Title 27 of the Code of Alabama.
When LexLint raises it
When your app profile says your app is an insurer.