Law / United States / 
Connecticut
Genetic information in insurance: informed consent for direct-to-consumer test data and no conditioning on genetic testing
In force since .
A sensitive categories rule binding private bodies.
- Obligation class
- Consent, Prohibition
As of .
What it requires
- If you are an insurer, health care center or fraternal benefit society doing business in Connecticut, do not request, require, purchase or use information obtained from an entity providing direct-to-consumer genetic testing, in connection with issuing, withholding, extending or renewing an annuity or a life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance policy, without the informed written consent of the individual who was tested (section 38a-833(1)).
- Do not condition insurance rates, the provision or renewal of coverage or benefits, or other conditions of insurance for an individual on a requirement or agreement that the individual undergo genetic testing, or on the results of genetic testing of a member of the individual's family unless the results are contained in the individual's medical record (section 38a-833(2)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Section 38a-817(b)(1): after a hearing the Insurance Commissioner may order a monetary penalty of not more than $5,000 for each act or violation, not to exceed $50,000 in the aggregate, unless the person knew or reasonably should have known of the violation, in which case the penalty is not more than $25,000 for each act or violation, not to exceed $250,000 in any six-month period. The higher per-violation ceiling is recorded as per_violation_amount and the six-month aggregate as fixed_cap.
- Rule
- Per violation only
- As of
- Currency
- USD
- Fixed cap
- 250,000
- Per violation unit
- Violation
- Per violation amount
- 25,000
Who enforces it
Enforcement body
Connecticut Insurance Commissioner, who after notice and a hearing may order a person to cease and desist, pay a monetary penalty, have a license suspended or revoked, or make restitution (section 38a-817).
Settledness
- As of
What this law does
Under section 38a-833, no insurer, health care center or fraternal benefit society doing business in Connecticut may, in connection with issuing, withholding, extending or renewing an annuity or a life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance policy, request, require, purchase or use information obtained from an entity providing direct-to-consumer genetic testing without the informed written consent of the individual who has been tested.
Under section 38a-833, such an insurer may not condition insurance rates, the provision or renewal of coverage or other conditions of insurance on a requirement that the individual undergo genetic testing, or on the results of genetic testing of a family member unless the results are in the individual's medical record. Section 38a-816 of the Connecticut General Statutes lists any violation of section 38a-833 among the unfair practices it defines.
Section 2 of Public Act 21-137 added section 38a-833 and takes effect on . Under section 38a-833, after a hearing the Insurance Commissioner may order a monetary penalty of not more than $5,000 for each act or violation, up to $50,000 in the aggregate, and for a person who knew or should have known of the violation not more than $25,000 for each act, up to $250,000 in any six-month period.
When LexLint raises it
When your app profile says your app processes biometric data or is an insurer.