Law / United States / 
Indiana
Genetic screening or testing: limits on health care services coverage insurers
Ind. Code §§ 27-8-26-0.1 to 27-8-26-11
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 an insurer of health care services coverage, do not require an individual or a member of the individual's family seeking coverage to submit to genetic screening or testing when you process an application or determine insurability (Ind. Code 27-8-26-5(1)).
- Do not consider information from genetic screening or testing adversely to an applicant or covered individual or a family member, inquire directly or indirectly into the results, or decide adversely on entries about the results in medical records or other reports (27-8-26-5(2) to (4)).
- Do not ask an applicant for the results of genetic screening or testing, or questions designed to find out the results, when you develop medical history questions (27-8-26-6).
- Do not cancel, refuse to issue, refuse to renew or refuse to enter into a contract for coverage based on the results of genetic screening or testing (27-8-26-7).
- Do not deliver, issue, renew or execute a contract in Indiana that limits benefits or sets premiums based on the results of genetic screening or testing, and consider results only if the applicant or the individual seeking renewal voluntarily submits them and they are favorable (27-8-26-8 and 27-8-26-9).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Section 11 of the chapter makes a violation an unfair and deceptive act or practice under IC 27-4-1-4, and section 6 of IC 27-4-1 lets the commissioner, after a hearing, order a civil penalty of not more than $25,000 for each act or violation or, if the person knew or reasonably should have known of the violation, not more than $50,000 for each act or violation.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 50,000
Who enforces it
Enforcement body
Indiana insurance commissioner, who shall enforce the chapter and may adopt rules to carry it out (Ind. Code 27-8-26-10).
What this law does
Section 1 of IC 27-8-26 applies the chapter to accident and sickness insurance policies issued, delivered or renewed in Indiana, health maintenance organization contracts, health care plans of a state or local governmental entity that cover services on a self-insurance basis, and self-funded employee welfare benefit plans.
Section 1 of IC 27-8-26 excludes accident-only, credit and disability income insurance, coverage issued as a supplement to liability insurance, worker's compensation, automobile medical payment insurance and life insurance.
Section 5 of IC 27-8-26 bars an insurer processing an application for health care services coverage, or determining insurability, from requiring genetic screening or testing, considering information from it adversely, inquiring into its results, or deciding adversely on entries about its results. Section 6 of IC 27-8-26 bars an insurer from asking an applicant for the results of genetic screening or testing, or questions designed to ascertain the results.
Section 7 of IC 27-8-26 bars an insurer from canceling, refusing to issue, refusing to renew or refusing to enter into a contract for health care services coverage based on the results of genetic screening or testing. Section 8 of IC 27-8-26 bars an insurer from delivering, issuing, renewing or executing a contract for health care services coverage in Indiana that limits benefits or establishes premiums based on the results of genetic screening or testing.
Section 9 of IC 27-8-26 lets an insurer consider the results of genetic screening or testing if the applicant or the individual seeking renewal voluntarily submits them and they are favorable. Section 10 of IC 27-8-26 requires the commissioner to enforce the chapter. Section 11 of IC 27-8-26 makes a violation of the chapter an unfair and deceptive act or practice in the business of insurance under IC 27-4-1-4.
Section 0.1 of IC 27-8-26 provides that the chapter applies to all applications and policies for accident and sickness insurance delivered, issued for delivery, renewed or executed after . Section 6 of IC 27-4-1 lets the commissioner, after a hearing, order a civil penalty of not more than $25,000 for each act or violation of the chapter, or of not more than $50,000 if the person knew or reasonably should have known of the violation.
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.