Law / United States / 
Louisiana
Genetic information in insurance: prohibited discrimination, consent, ownership and damages
In force.
A sensitive categories rule binding public and private bodies.
- Enforcement body
- Commissioner of Insurance
- Obligation class
- Prohibition, Consent, Retention
- Audit expectation
- none
As of .
What it requires
- If you are an insurer, do not terminate, restrict, cancel, refuse to renew, deny or exclude coverage, impose an excluding rider, set premium or cost-sharing differentials, or otherwise discriminate against an individual or family member on the basis of genetic information or a request for or receipt of genetic services.
- Do not request, require or purchase genetic information of an individual or family member for underwriting purposes, or before enrollment in connection with enrollment, and do not request or require that an individual, family member or group member undergo a genetic test.
- Do not obtain genetic information from an insured or enrollee, or from their DNA sample, without first obtaining written informed consent, and make any authorization for disclosure meet the section's form: written, signed and dated, naming the discloser and recipient and the specific information and purpose, and expiring within 60 days.
- Do not retain an insured's or enrollee's genetic information without first obtaining their authorization, unless the section's exceptions apply, and treat the information as the insured's or enrollee's property.
- Provide each applicant or enrollee, in the application or enrollment information, a written statement of their rights under the section in a form noticeable and understandable to an average applicant or enrollee.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionYes
Penalty structure
Section 22:18(A) lets the commissioner of insurance levy, in lieu of suspension or revocation of a certificate of authority or license, a fine not to exceed $1,000 for each violation of any provision of the Insurance Code per insurer, person or entity, up to $1,000,000 aggregate for all violations in a calendar year since Act 325 of 2026 (the cap was $100,000 before). The commissioner may also refuse to renew, suspend or revoke the certificate or license, and a timely hearing demand suspends the fine until the division of administrative law finds it warranted.
- Rule
- Per violation only
- As of
- Currency
- USD
- Fixed cap
- 1,000,000
- Per violation unit
- Violation
- Per violation amount
- 1,000
Statutory damages
Per violation, the greater of actual damages or $50,000 for a negligent violation (trebled where the violation resulted in profit or monetary gain), or the greater of actual damages or $100,000 for a willful violation, plus costs and reasonable attorney fees.
- As of
- Currency
- USD
- Per person minimum
- 50,000
- Per person reckless
- 100,000
- Per person negligent
- 50,000
What this law does
Under Revised Statutes 22:1023, an insurer may not, on the basis of genetic information or a request for or receipt of genetic services, terminate, restrict, cancel, refuse to renew, deny or exclude coverage, impose an excluding rider, establish differentials in premium rates or cost sharing, or otherwise discriminate in the provision of insurance.
Under Revised Statutes 22:1023, an insurer may not request or require that an individual, a family member or a group member undergo a genetic test, subject to the research and treating-professional exceptions the section states. Under Revised Statutes 22:1023, an insurer may not obtain genetic information from an insured or enrollee, or from their DNA sample, without first obtaining written informed consent.
Under Revised Statutes 22:1023, an insured's or enrollee's genetic information is the property of the insured or enrollee, and no person may retain it without authorization from the insured, enrollee or their representative, unless retention is for a criminal or death investigation or proceeding or to determine paternity.
Under Revised Statutes 22:1023, a person who through negligence collects, stores or analyzes a DNA sample, or discloses genetic information, in violation of the section is liable to the individual for actual damages or $50,000, whichever is greater, and for treble damages where the violation resulted in profit, and a person who does so willfully is liable for actual damages or $100,000, whichever is greater.
Revised Statutes 22:1023 does not apply to actions of an insurer or third parties dealing with an insurer in the ordinary course of business in connection with the sale, issuance or administration of a life, disability income, long-term care or critical illness insurance policy.
Under section 22:18 of the Revised Statutes, the commissioner of insurance may, in lieu of suspension or revocation of a certificate of authority or license, levy a fine not to exceed $1,000 for each violation per insurer, person or entity violating any provision of the Insurance Code.
Act 325 of the 2026 Regular Session increased the aggregate annual cap on the commissioner's fines under section 22:18 from $100,000 to $1,000,000 for insurers, persons, entities, health insurance issuers and limited licensees per calendar year.
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.