Law / United States / 
Delaware
Genetics-based discrimination prohibited: health insurance
Del. Code Ann. tit. 18, § 2317
In force.
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- If you issue, deny, renew or price health insurance in Delaware (health insurance as section 3602 of title 18 defines it, not disability or long-term care insurance), do not discriminate against any individual in the issuance, denial or renewal of, or in the fixing of the rates, terms or conditions for, the insurance based on any genetic characteristic or genetic information.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Section 329 of title 18 lets the Commissioner, after notice and hearing, impose an administrative penalty for a violation of any provision of the title in an amount that is reasonable and appropriate. Per violation it may not exceed $50,000 for insurance companies, insurance holding companies and all other persons licensed under the title, and $15,000 for those licensed under chapter 17. Section 2317 states no penalty of its own.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 50,000
Who enforces it
Enforcement body
Insurance Commissioner of Delaware, who may impose the administrative penalty under 18 Del. C. section 329 after notice and hearing.
What this law does
Section 2317(b) of title 18 bars a person from discriminating against any individual in the issuance, denial or renewal of, or in the fixing of the rates, terms or conditions for, insurance based on any genetic characteristic or genetic information. In section 2317 of title 18, insurance means health insurance as defined in section 3602 of that title and does not include disability insurance or long-term care insurance.
In section 2317 of title 18, genetic information means information about inherited genes or chromosomes, and of alterations thereof, whether obtained from an individual or family member, that is scientifically or medically believed to predispose an individual to disease, disorder or syndrome, or believed to be associated with a statistically significant increased risk of development of a disease, disorder or syndrome.
Under section 2317(c) of title 18, no cause of action in the nature of defamation, invasion of privacy or negligence arises against any person for disclosing personal or privileged information in accordance with the section, no person violates the section by receiving genetic information or test results through inadvertent disclosure by a medical professional, and the section gives no immunity for disclosing or furnishing false information with malice or wilful intent to injure any person.
Chapter 457 of volume 71 of the Laws of Delaware added section 2317 to title 18. Chapter 457 of volume 71 of the Laws of Delaware was approved . Chapter 481 of volume 84 of the Laws of Delaware amended section 2317 of title 18. The Insurance Commissioner may impose an administrative penalty of up to $50,000 per violation on an insurance company or other person licensed under title 18 of the Delaware Code that violates a provision of that title.
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.