Law / United States / 
Colorado
Genetic testing information in group disability, long-term care, life and individual disability insurance
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 group disability insurance or long-term care insurance coverage and is subject to the jurisdiction of the commissioner of insurance, treat information derived from genetic testing 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 tested (section 10-3-1104.7(3)(a)).
- Do not seek, use or keep information derived from genetic testing for any nontherapeutic purpose or for any underwriting purpose connected with group disability insurance or long-term care insurance coverage (section 10-3-1104.7(3)(b)).
- If you are an insurer writing life insurance or individual disability insurance, do not require or perform a genetic test without first receiving the specific, written, informed consent of the subject of the test, or of a person authorized by law to consent for a subject who lacks capacity, in a form the commissioner prescribes. Keep the results privileged and confidential and release them only as state or federal law specifically authorizes (section 10-3-1104.7(10)).
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 10-3-1104.7(12): 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 10-3-1104.7(13) 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 10-3-1104.7(12).
Settledness
- As of
What this law does
Section 10-3-1104.7 binds an entity, meaning any entity that provides group disability insurance or long-term care insurance coverage and is subject to the jurisdiction of the commissioner of insurance.
Under section 10-3-1104.7 of the Colorado Revised Statutes, information derived from genetic testing 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 that person's specific written consent.
Under section 10-3-1104.7 of the Colorado Revised Statutes, an entity that receives information derived from genetic testing may not seek, use or keep it for any nontherapeutic purpose or for any underwriting purpose connected with group disability insurance or long-term care insurance coverage.
Under section 10-3-1104.7 of the Colorado Revised Statutes, for life insurance or individual disability insurance the only requirements on an insurer are that it not require or perform a genetic test without the specific, written, informed consent of the subject of the test, and that it keep the results privileged and confidential.
A violation of section 10-3-1104.7 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 10-3-1104.7 of the Colorado Revised Statutes, an individual injured by an entity's violation may recover equitable relief and the greater of actual damages or $10,000 per violation. Section 10-3-1104.7 was amended in 2002, with subsection (10) effective , and in 2009 by House Bill 09-1338, which amended subsections (1)(d), (2)(a), (3)(b) and (12)(a), effective , so the current entity scope and the underwriting bar in subsection (3)(b) date from 2009. Section 10-3-1104.7 was added in 1994 and took effect on .
When LexLint raises it
When your app profile says your app processes biometric data or is an insurer.