Law / United States / 
Maryland
Genetic Testing Protection Act: life insurance and disability insurance
Md. Code Ann., Ins. § 27-909.1
In force since .
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition, Consent
As of .
What it requires
- If you are an insurance carrier that offers, issues or delivers a life insurance or disability insurance policy or contract in Maryland, do not unfairly discriminate against an individual by conditioning insurance rates, the provision or renewal of coverage, or other conditions of insurance on medical information, including genetic test results, for which there is no relationship between the information and the cost of the insurance risk you would assume (Ins. 27-909.1(c)(1)).
- Do not access sensitive medical information, including an individual's genetic data, without first obtaining the individual's signed, written consent (Ins. 27-909.1(c)(3)(i)).
- Do not mandate existing or new genetic testing or full genome sequencing as a prerequisite for life insurance or disability insurance eligibility or coverage, and do not accept a waiver of this prohibition from the applicant or policy holder (Ins. 27-909.1(c)(3)(ii) and (c)(4)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Section 4-113(d)(1) of the Insurance Article lets the Commissioner, instead of or in addition to suspending or revoking a certificate of authority, impose on the holder a penalty of not less than $100 but not more than $125,000 for each violation of the article.
- Rule
- Per violation only
- As of
- Minimum
- 100
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 125,000
Who enforces it
Enforcement body
Maryland Insurance Commissioner, who may issue an order under sections 4-113, 4-114, 27-501 and 27-505 of the Insurance Article if the Commissioner finds a violation of section 27-909.1.
Settledness
- As of
- Open questions
- What must a life or disability insurer show to establish the 'relationship' between medical information and the cost of the insurance risk under section 27-909.1(c)(1), and does reliance on actuarially sound principles under (c)(2) require data specific to the genetic test result in question?
What this law does
Insurance Article section 27-909.1 applies only to life insurance and disability insurance policies or contracts. Insurance Article section 27-909.1 does not prohibit an insurance carrier from accessing an applicant's medical record as part of the application process or from considering a medical diagnosis included in an individual's medical record, even if the diagnosis was based on the results of a genetic test.
An insurance carrier may not unfairly discriminate against an individual by conditioning insurance rates, the provision or renewal of coverage, or other conditions of insurance on medical information, including genetic test results, for which there is no relationship between the information and the cost of the insurance risk the insurer would assume. In demonstrating that relationship, an insurer may rely on actuarially sound principles or actual or reasonably anticipated experience.
An insurance carrier may not access sensitive medical information, including an individual's genetic data, without first obtaining the individual's signed, written consent. An insurance carrier may not mandate existing or new genetic testing or full genome sequencing as a prerequisite for life insurance or disability insurance eligibility or coverage, and neither the carrier, the applicant nor the policy holder may waive that prohibition.
The Insurance Commissioner may issue an order under sections 4-113 and 4-114 or sections 27-501 and 27-505 of the Insurance Article if the Commissioner finds a violation of section 27-909.1. Chapter 394 of the Acts of 2025, which added section 27-909.1, took effect on .
Insurance Article section 4-113 lets the Commissioner, instead of or in addition to suspending or revoking a certificate of authority, impose on the holder a penalty of not less than $100 but not more than $125,000 for each violation of the article.
When LexLint raises it
When your app profile says your app is an insurer.