Law / United States / 
Florida
Genetic information for insurance purposes: health, life and long-term care insurers
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- If you are a health insurer, life insurer or long-term care insurer authorized to transact insurance in Florida, do not cancel, limit or deny coverage, or set differing premium rates, based on a person's genetic information unless a condition related to that information has been diagnosed.
- Do not require or solicit genetic information, use genetic test results, or consider a person's decisions or actions relating to genetic testing in any manner for any insurance purpose.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Section 624.4211 lets the office fine an insurer in lieu of revocation or suspension of its certificate of authority: up to $12,500 per nonwillful violation (up to $50,000 for all nonwillful violations arising out of the same action), and up to $100,000 for each knowing and willful violation of a lawful order or rule of the office or commission or a provision of the Insurance Code (up to $500,000 for all such violations arising out of the same action), with higher figures where the violation relates to a covered loss or claim caused by a declared emergency. Section 624.4211(1) is stated for a certificate of authority issued under chapter 624, while section 627.4301(1)(b) defines a health insurer to include also a self-insured plan, a multiple-employer welfare arrangement, a health maintenance organization, a prepaid limited health service organization, a prepaid health clinic and a fraternal benefit society.
- Rule
- Per violation only
- As of
- Currency
- USD
- Fixed cap
- 500,000
- Per violation unit
- Violation
- Per violation amount
- 100,000
Who enforces it
Enforcement body
The office (Office of Insurance Regulation), by fine in lieu of revocation or suspension of an insurer's certificate of authority (section 624.4211)
What this law does
Under section 627.4301, a health insurer, life insurer or long-term care insurer authorized to transact insurance in Florida may not, in the absence of a diagnosis of a condition related to genetic information, cancel, limit or deny coverage, or establish differentials in premium rates, based on that information.
Under section 627.4301, a health insurer, life insurer or long-term care insurer may not require or solicit genetic information, use genetic test results, or consider a person's decisions or actions relating to genetic testing in any manner for any insurance purpose.
Section 627.4301 does not apply to accident-only, hospital indemnity, fixed indemnity, dental or vision policies, and does not prevent a life or long-term care insurer from accessing a medical record as part of an application exam or from considering a diagnosis in the record. Chapter 2020-159 added life insurers and long-term care insurers to the section's prohibitions. Chapter 2020-159 applies to policies entered into or renewed on or after .
Under section 624.4211, the office may impose a fine on an insurer in lieu of revocation or suspension of its certificate of authority, including a fine of up to $100,000 for each knowing and willful violation of a lawful order or rule of the office or commission or a provision of the Insurance Code, up to $500,000 for all such violations arising out of the same action.
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.