Law / United States / 
Massachusetts
Insurer limits on genetic tests and genetic information: accident and sickness, disability, long term care and life insurance
Mass. Gen. Laws ch. 175, §§ 108H, 108I and 120E
In force.
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition, Disclosure
- Audit expectation
- none
As of .
What it requires
- If you are a company, officer, agent or insurance broker writing an individual or group accident and sickness policy that provides hospital and surgical expense insurance, do not cancel, refuse to issue or renew, or make any distinction in premiums, rates, length of coverage or other terms based on genetic information, and do not require genetic tests or genetic information as a condition of issuing or renewing the policy (section 108H).
- If you are an insurer, agent or broker authorized to issue disability, long term care or life policies in the commonwealth, do not practice unfair discrimination against a person because of the results of a genetic test or the provision of genetic information, meaning cancelling, refusing to issue or renew, charging any increased rate or restricting any length of coverage, unless the action rests on reliable information about the insured's mortality or morbidity based on sound actuarial principles or actual or reasonably anticipated claim experience (sections 108I and 120E).
- Do not require an applicant for a disability, long term care or life policy to undergo a genetic test as a condition of issuing or renewing the policy (sections 108I and 120E).
- If an application asks whether the applicant has taken a genetic test, state on or with the application that the applicant is not required to answer and that failing to answer may result in an increased rate or denial of coverage (sections 108I and 120E).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureNo
Private right of actionYes
Penalty structure
Ch. 93A sec. 4, which section 108H brings in by deeming a violation a violation of ch. 93A sec. 2: the Attorney General may recover a civil penalty of not more than $5,000 for each violation the court finds the person knew or should have known violated ch. 93A sec. 2, plus the reasonable costs of investigation and litigation including attorneys' fees. Ch. 176D sec. 7 adds a fine of not more than $1,000 for each and every act or practice and lets the commissioner issue a cease and desist order and suspend or revoke a license for a violation of sections three or four.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 5,000
Statutory damages
Ch. 93A sec. 9, which section 108H reaches by deeming a violation a violation of ch. 93A sec. 2: a person injured recovers actual damages or $25, whichever is greater, and up to three but not less than two times that amount for a willful or knowing violation, after a written demand for relief at least thirty days before suit; sec. 9(2) permits a class action for similarly injured persons.
- As of
- Currency
- USD
- Per person minimum
- 25
- Class action available
- Yes
Who enforces it
Enforcement body
Massachusetts Commissioner of Insurance, who proceeds under chapter 176D against a violation (cease and desist order, fine of not more than $1,000 for each act or practice, license action); the Massachusetts Attorney General under ch. 93A sec. 4; and a person injured by the practice under ch. 93A sec. 9.
What this law does
Section 108H of chapter 175 bars a company, its officer or agent, and an insurance broker from cancelling, refusing to issue or renew, or discriminating in premiums, length of coverage or other terms of an individual or group accident and sickness policy that provides hospital and surgical expense insurance, based on genetic information.
Section 108H bars a company, its officer or agent, and an insurance broker from requiring genetic tests or genetic information as a condition of issuing or renewing such a policy. Section 108I(b) of chapter 175 bars an insurer, agent or broker authorized to issue disability or long term care policies in the commonwealth from practicing unfair discrimination because of the results of a genetic test or the provision of genetic information.
Section 108I bars such an insurer, agent or broker from requiring an applicant to undergo a genetic test as a condition of issuing or renewing a disability or long term care policy. Section 120E of chapter 175 bars an insurer, agent or broker authorized to issue policies on the lives of persons in the commonwealth from practicing unfair discrimination because of the results of a genetic test or the provision of genetic information.
Section 120E bars such an insurer, agent or broker from requiring an applicant to undergo a genetic test as a condition of issuing or renewing a life policy. Section 120E lets a company, its officer or agent, or an insurance broker ask on an application for life insurance whether the applicant has taken a genetic test, provided that the application states the applicant is not required to answer and that failing to answer may result in an increased rate or denial of coverage.
Section 108H makes a violation of that section an unfair method of competition or unfair or deceptive act or practice in violation of chapters 93A and 176D. Section 108I(b) makes a violation of that section an unfair method of competition or unfair or deceptive act or practice in violation of chapters 93A and 176D. Section 120E makes a violation of that section an unfair method of competition or unfair or deceptive act or practice in violation of chapters 93A and 176D. Section 7 of chapter 176D punishes a person whom the commissioner finds to have engaged in an unfair or deceptive act or practice by a fine of not more than one thousand dollars for each and every act or practice, in addition to a cease and desist order.
The 2000 act relative to insurance and genetic testing and privacy protection inserted sections 108H and 108I into chapter 175 after section 108G. The 2000 act relative to insurance and genetic testing and privacy protection inserted section 120E into chapter 175 after section 120D.
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.