Law / United States / 
Delaware
Ericka Byler Act: genetic tests and direct-to-consumer genetic testing data in life insurance
Del. Code Ann. tit. 18, § 2317A
In force.
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition, Consent
- Audit expectation
- none
As of .
What it requires
- If you are in the business of life insurance, do not, based solely on a genetic characteristic or genetic information contained in the result of a genetic test, deny, refuse to issue, refuse to renew or reissue, cancel or otherwise terminate a policy or restrict coverage, add a surcharge or rating factor to a premium, or otherwise discriminate in offering, issuing, cancelling, the amount of coverage, price, payment of claims or any other condition of a policy without additional actuarial justification. Section 2317A(c) lifts this for a genetic characteristic, genetic information or test result that is in the individual's medical record or pertinent family history.
- Do not require or request that an individual or a member of the individual's family take a genetic test, and do not take into consideration the individual's refusal to take one.
- Do not require or request that an individual provide genetic information received from an entity providing direct-to-consumer genetic testing, or written consent for such an entity to share information about the individual, and do not take into consideration a refusal to provide either.
- Do not attempt to obtain, or obtain, information from an entity providing direct-to-consumer genetic testing without the individual's written informed consent as required under section 1202 of title 16.
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 2317A 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
A person engaged in the business of life insurance may not, based solely on a genetic characteristic or genetic information contained in the result of a genetic test, deny, refuse to issue, refuse to renew, cancel or otherwise terminate a policy or restrict coverage. Chapter 481 of volume 84 of the Laws of Delaware, known as The Ericka Byler Act, was approved .
The bar in section 2317A(b) of title 18 does not apply to a genetic characteristic, genetic information or genetic test result that is in an individual's medical record or pertinent family history. A person engaged in the business of life insurance may not require or request that an individual or a member of the individual's family take a genetic test.
A person engaged in the business of life insurance may not require or request that an individual provide genetic information received from an entity providing direct-to-consumer genetic testing. A person engaged in the business of life insurance cannot attempt to obtain, or obtain, information from an entity providing direct-to-consumer genetic testing without the individual's written informed consent as required under section 1202 of title 16.
Direct-to-consumer genetic testing means a consumer-initiated genetic testing product or service offered directly to a consumer, or the collection, use or analysis of genetic data collected or derived from such a product or service and directly provided by a consumer. 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.