Law / United States / 
Kansas
Genetic testing nondiscrimination in health-benefit insurance underwriting
In force.
A sensitive categories rule binding private bodies.
- Audit expectation
- none
What it requires
- Do not require, request, or use a Kansas health-benefit-plan applicant's or enrollee's genetic test results to condition coverage, set rates, or adjust premiums.
- If you are a life, disability-income, or long-term-care insurer, this coverage and rate restriction does not apply to you directly, but a narrower after-acquired-use restriction still does.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST Privacy Framework
- CT.PO-P1Policies, processes, and procedures for authorizing data processing (e.g., organizational decisions, individual consent), revoking authorizations, and maintaining authorizations are established and in place.
Our reading of where this law's duties sit in each framework. It never says that running a control meets the law. How we read a framework against the law
Who enforces it
Settledness
- As of
- Open questions
- Is a family-history questionnaire an 'indirect manifestation of genetic disorders' outside 'genetic screening or testing' in K.S.A. 40-2259(a), so that a health-benefit insurer may ask for it despite K.S.A. 40-2259(b)(2)?
What it makes you log
Logging duty
The section bars a health-benefit insurer or plan from requiring or requesting a genetic test, asking for its results, conditioning coverage on it or pricing on it, and limits what a life, disability or long-term care insurer may do with information it obtains. It imposes no duty to keep a log or a record, names no audit, and gives no regulator or other party a right to a record. The section states no territorial clause and invokes none.
- Kind
- None
- As of
What this law does
Bars a health-benefit insurer from requiring, requesting, or using an individual's genetic test results to condition coverage, set rates, or adjust premiums. The restriction does not apply to a life, disability-income, or long-term-care insurer, though even those insurers face a narrower after-acquired-use restriction. This is an insurance-underwriting nondiscrimination statute, not a data-processing or retention duty, and it does not define sensitive data as a category.
The official history note names two acts, L. 1997, ch. 190, § 14 and L. 2010, ch. 108, § 4, and no day on which the section as described came into force has been located.
When LexLint raises it
When your app profile says your app is an insurer.
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