Law / United States /
Louisiana
Prohibited discrimination: genetic information from genetic research or testing, life, long-term care and annuity insurers
In force since .
A sensitive categories rule binding public and private bodies.
- Enforcement body
- Commissioner of Insurance
- Obligation class
- Prohibition, Consent
- Audit expectation
- none
As of .
What it requires
- If you are an insurer of life insurance, long-term care insurance or annuity contracts (including insurance agents and third-party administrators), do not take into consideration, in eligibility, premium or other underwriting decisions, that an individual or family member participated in genetic research or testing, unless the individual provides the results for your consideration.
- Do not require or request an individual or family member to take a genetic test.
- Do not cancel, limit, refuse to renew, deny coverage or increase premium rates on an existing policy because an individual or family member requested or received genetic services or participated in genetic research.
- Do not purchase genetic information about an individual without the individual's written consent.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
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
What this law does
Under Revised Statutes 22:918, an insurer, in determining eligibility for coverage, establishing premiums, limiting coverage or making any other underwriting decision, may not take into consideration that an individual or family member participated in genetic research or testing, including a request for or receipt of genetic services, unless the individual provides the results for the insurer's consideration, and may not require or request that an individual or family member take a genetic test.
Under Revised Statutes 22:918, an insurer may not cancel, limit, refuse to renew, deny coverage or increase premium rates on an existing policy because an individual or family member requested or received genetic services or participated in genetic research, and may not purchase genetic information about an individual without the individual's written consent.
Revised Statutes 22:918 defines an insurer as an authorized insurer engaged in the business of making life insurance policies, long-term care insurance policies or annuity contracts, including a group insurance plan, or insurance agents and third-party administrators.
Revised Statutes 22:918 does not prevent an insurer from accessing an individual's medical record as part of the application process or from considering genetic information in an applicant's medical record that is relevant to a condition affecting mortality or morbidity, if based on sound actuarial principles or reasonably expected experience. Revised Statutes 22:918 was created by Act 242 of the 2021 Regular Session and amended by Act 224 of 2024 and Act 244 of 2025.
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.