Law / United States / 
Massachusetts
Medical service plans and health maintenance organizations: limits on genetic tests and genetic information
Mass. Gen. Laws ch. 176A, § 3B; ch. 176B, § 5B; ch. 176G, § 24
In force.
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- If you are a corporation subject to chapter 176A or 176B (a nonprofit hospital or medical service corporation), or an officer or agent of one, do not cancel, refuse to issue or renew, or make any distinction in premiums, rates, length of coverage or other terms of a medical service plan based on genetic information, and do not require genetic tests or private genetic information as a condition of issuing or renewing a hospital service plan (section 3B) or a medical service plan (section 5B).
- If you are a health maintenance organization subject to chapter 176G, or an officer or agent of one, do not cancel, refuse to issue or renew, or make any distinction in premium, rates, length of coverage or other terms of a health maintenance contract based on genetic information, and do not require genetic tests or private genetic information as a condition of issuing or renewing the contract (section 24).
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 sections 3B, 5B and 24 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 sections 3B, 5B and 24 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 of section 3B, 5B or 24 (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 3B of chapter 176A bars a corporation subject to that chapter, and its officer or agent, from cancelling, refusing to issue or renew, or discriminating in premiums, length of coverage or other terms of a medical service plan based on genetic information. Section 3B of chapter 176A bars a corporation subject to that chapter, and its officer or agent, from requiring genetic tests or private genetic information as a condition of issuing or renewing a hospital service plan.
Section 3B of chapter 176A 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 5B of chapter 176B bars a corporation subject to that chapter, and its officer or agent, from cancelling, refusing to issue or renew, or discriminating in premiums, length of coverage or other terms of a medical service plan based on genetic information.
Section 5B of chapter 176B bars a corporation subject to that chapter, and its officer or agent, from requiring genetic tests or private genetic information as a condition of issuing or renewing a medical service plan.
Section 5B of chapter 176B 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 24 of chapter 176G bars a health maintenance organization subject to that chapter, and its officer or agent, from cancelling, refusing to issue or renew, or discriminating in premium, rates, length of coverage or other terms of a health maintenance contract based on genetic information.
Section 24 of chapter 176G bars a health maintenance organization subject to that chapter, and its officer or agent, from requiring genetic tests or private genetic information as a condition of issuing or renewing a health maintenance contract.
Section 24 of chapter 176G makes a violation of that section an unfair method of competition or deceptive act or practice in violation of chapters 93A and 176D. The 2000 act relative to insurance and genetic testing and privacy protection inserted section 3B into chapter 176A after section 3A. The 2000 act relative to insurance and genetic testing and privacy protection inserted section 5B into chapter 176B after section 5A. The 2000 act relative to insurance and genetic testing and privacy protection inserted section 24 into chapter 176G.
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.