Law / United States / 
Colorado
Genetic information in health-care insurance: confidentiality, underwriting limits and required tests
C.R.S. section 10-3-1104.6 (HB 09-1338, 2009 Colo. Sess. Laws ch. 353, section 2)
In force since .
A sensitive categories rule binding private bodies.
- Obligation class
- Consent, Prohibition
As of .
What it requires
- If you are an entity that provides health care insurance or medicare supplement insurance coverage and is subject to the jurisdiction of the commissioner of insurance, treat an individual's genetic information as confidential and privileged, and release it for any purpose other than diagnosis, treatment or therapy, when it identifies the person tested with the test results released, only with the specific written consent of the person or the person's parent or guardian (section 10-3-1104.6(3)(a)).
- Do not seek, use or keep genetic information for any nontherapeutic purpose or for any underwriting purpose connected with the provision of health care insurance or medicare supplement insurance coverage (section 10-3-1104.6(3)(b)).
- Do not request or require an individual or a family member to undergo a genetic test unless state or federal law authorizes it (section 10-3-1104.6(3)(c)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionYes
Penalty structure
Section 10-3-1108(1)(a): after a hearing the commissioner of insurance may order a monetary penalty of not more than $3,000 for each act or violation, not to exceed $30,000 in the aggregate, unless the person is an insurer that knew or reasonably should have known it was in violation of part 11, in which case the penalty is not more than $30,000 for each act or violation, not to exceed $750,000 annually. The higher per-violation ceiling is recorded as per_violation_amount and the annual aggregate as fixed_cap.
- Rule
- Per violation only
- As of
- Currency
- USD
- Fixed cap
- 750,000
- Per violation unit
- Violation
- Per violation amount
- 30,000
Statutory damages
Section 10-3-1104.6(11): an individual injured by an entity's violation may recover equitable relief, which may include a retroactive order directing the entity to provide coverage on the terms that would have applied, and the greater of actual damages or $10,000 per violation. Section 10-3-1104.6(12) lets the prevailing party recover costs and reasonable attorney fees.
- As of
- Currency
- USD
- Per person minimum
- 10,000
Who enforces it
Enforcement body
Colorado Commissioner of Insurance, who may examine and investigate persons engaged in the business of insurance and, after a hearing, order a person to cease and desist, pay a monetary penalty, or suffer suspension or revocation of a license (sections 10-3-1106 to 10-3-1108). An injured individual may also sue under section 10-3-1104.6(11).
Settledness
- As of
What this law does
Section 10-3-1104.6 binds an entity, meaning any sickness and accident insurance company, health maintenance organization, nonprofit hospital, medical-surgical and health service corporation, or other entity that provides health care insurance or medicare supplement insurance coverage and is subject to the jurisdiction of the commissioner of insurance.
Under section 10-3-1104.6, genetic information is confidential and privileged, and a release for purposes other than diagnosis, treatment or therapy that identifies the person tested with the test results requires specific written consent by that person or the person's parent or guardian.
Under section 10-3-1104.6, an entity that receives genetic information may not seek, use or keep it for any nontherapeutic purpose or for any underwriting purpose connected with health care insurance or medicare supplement insurance coverage. Under section 10-3-1104.6, an entity may not request or require an individual or a family member to undergo a genetic test unless state or federal law authorizes it.
A violation of section 10-3-1104.6 is an unfair practice under section 10-3-1104(1) of the Colorado Revised Statutes and is subject to the commissioner's powers in sections 10-3-1106 to 10-3-1113. Section 10-3-1108(1)(a) lets the commissioner, after a hearing, order a monetary penalty of not more than $3,000 for each act or violation, up to $30,000 in the aggregate, and for an insurer that knew or should have known of the violation not more than $30,000 for each act, up to $750,000 annually.
Under section 10-3-1104.6, an individual injured by an entity's violation may recover equitable relief and the greater of actual damages or $10,000 per violation. Under section 10-3-1104.6, the prevailing party in an action under the section may recover costs and reasonable attorney fees. House Bill 09-1338, which added section 10-3-1104.6, takes effect and applies to policies and contracts issued, delivered, renewed or reinstated on or after that date.
When LexLint raises it
When your app profile says your app processes biometric data or is an insurer.