Law / United States / 
Minnesota
Genetic Discrimination Act
Officially Genetic Discrimination Act: limits on insurers' use of genetic tests
In force since .
A sensitive categories rule binding private bodies.
- Enforcement body
- The commissioner, under section 72A.139, subdivision 8.
- Obligation class
- Prohibition, Consent
As of .
What it requires
- If you are a health plan company, do not require or request that an individual or a blood relative take a genetic test, do not inquire whether one has taken or refused a test or what the results were, and do not take into consideration the fact or the results of a genetic test, in determining eligibility, establishing premiums, limiting or renewing coverage or any other underwriting decision in connection with a health plan.
- If you are a life insurance company or fraternal benefit society that requires a genetic test to determine insurability, obtain the individual's written informed consent for the test, using a disclosure form the commissioner has approved, and state in it whether you will pay for a genetic counselor.
- If you are a life insurance company or fraternal benefit society that requires a genetic test, notify the individual of the result by notifying the individual or the individual's designated physician, and urge the individual to contact a genetic counselor or other health care professional where no physician has been authorized to receive the result.
- If you are a life insurance company or fraternal benefit society, do not require an individual to submit to a genetic test unless you pay its cost.
These lines are LexLint's reading of the law's text, as of .
What this law does
Section 72A.139 may be cited as the Genetic Discrimination Act. A health plan company may not require or request that an individual or a blood relative take a genetic test, inquire whether one was taken or refused or what the results were, or take into consideration the fact or the results of a genetic test, in connection with the offer, sale or renewal of a health plan.
A life insurance company or fraternal benefit society that requires a genetic test to determine insurability must obtain the individual's written informed consent for the test. A life insurance company or fraternal benefit society must notify an individual of a genetic test result by notifying the individual or the individual's designated physician.
A life insurance company or fraternal benefit society may not require an individual to submit to a genetic test unless the insurer pays the cost of the test. A violation of section 72A.139 is subject to the investigative and enforcement authority of the commissioner, who must enforce the section. The session law that enacted the section makes it effective , and applicable to applications for coverage made on or after that date.
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.