Law / United States /
Massachusetts
Preferred provider arrangements: limits on genetic tests and genetic information in health benefit plans
Mass. Gen. Laws ch. 176I, § 4A
In force.
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- If you are an organization or preferred provider under chapter 176I, do not cancel, refuse to issue or renew, or make any distinction in premiums, rates, length of coverage or other terms of a health benefit plan based on genetic information, and do not require genetic tests or private genetic information as a condition of issuing or renewing the plan.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureNo
Private right of actionNo
Penalty structure
Section 8(c): after due hearing the commissioner may require any person or organization found to have violated any provision of chapter 176I, or a rule, regulation or order under it, to forfeit an amount not to exceed $10,000 for any single violation; section 8(b) adds a cease and desist order.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Who enforces it
Enforcement body
Massachusetts Commissioner of Insurance, who may after due hearing issue a cease and desist order and require a forfeiture of up to $10,000 for any single violation under section 8.
What this law does
Section 4A of chapter 176I bars an organization and a preferred provider from cancelling, refusing to issue or renew, or discriminating in premiums, length of coverage or other terms of a health benefit plan based on genetic information. Section 4A of chapter 176I bars an organization and a preferred provider from requiring genetic tests or private genetic information as a condition of issuing or renewing a health benefit plan.
The 2000 act relative to insurance and genetic testing and privacy protection inserted section 4A into chapter 176I after section 4. Section 8 of chapter 176I lets the commissioner, after due hearing, issue an order requiring any person or organization to cease and desist from violating any provision of the chapter.
Section 8 of chapter 176I lets the commissioner, after due hearing, require any person or organization found to have violated any provision of the chapter to forfeit an amount not to exceed ten thousand dollars for any single violation.
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.