Law / United States / 
Indiana
Genetic screening or testing results: separate written consent before an insurance company other than a life insurer obtains them
In force.
A sensitive categories rule binding private bodies.
- Obligation class
- Consent, Prohibition
- Audit expectation
- none
As of .
What it requires
- If you are an insurance company other than a life insurance company, do not obtain the results of any genetic screening or testing without a separate written consent by the individual at the time of application for insurance or at any other time (Ind. Code 16-39-5-2(d)).
- Use a consent form that indicates in at least 10 point boldface type that the individual need not consent to releasing the results of any genetic testing or screening, and that the commissioner has approved before use (16-39-5-2(d)(1) and (2)).
- If you inadvertently receive results of genetic testing or screening without the separate consent, do not use them in violation of IC 27-8-26 (16-39-5-2(e)).
These lines are LexLint's reading of the law's text, as of .
What this law does
Subsection (d) of section 2 of IC 16-39-5 bars an insurance company other than a life insurance company from obtaining the results of any genetic screening or testing without a separate written consent by an individual at the time of application for insurance or at any other time.
Subsection (d) of section 2 of IC 16-39-5 requires the consent form to indicate in at least 10 point boldface type that the individual need not consent to releasing the results of any genetic testing or screening, and to be approved by the commissioner before use.
Subsection (e) of section 2 of IC 16-39-5 provides that an insurance company other than a life insurance company is not liable if it inadvertently receives the results of genetic testing or screening without the separate written consent, but may not use the results in violation of IC 27-8-26.
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.