Law / United States / 
Montana
Restrictions on use of genetic information by insurers and other issuers of coverage
Mont. Code Ann. §§ 33-18-901 to 33-18-904
In force.
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- If you are an insurer, health service corporation, health maintenance organization, fraternal benefit society or other issuer of an individual or group policy or certificate of insurance, do not require an individual to obtain a genetic test unless the test is otherwise required by law, for example to establish parentage, for newborn screening, in a criminal investigation or for remains identification.
- Do not, on the basis of a person's genetic traits, refuse an application, refuse to issue, cancel or refuse to renew a policy or certificate, charge a higher rate or premium, or offer different terms, conditions or benefits or limit coverage.
- Do not underwrite or condition coverage on a requirement or agreement that the individual undergo genetic testing, or on genetic information about a member of the individual's family, and do not discriminate in agents' or brokers' fees or commissions on the basis of an individual's genetic traits.
- Do not seek genetic information about an individual for a purpose unrelated to assessing or managing the individual's current health, inappropriate in an asymptomatic individual, or unrelated to research in which a subject is not personally identifiable.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Section 33-1-317 lets the commissioner, after a hearing, impose a fine not to exceed $25,000 on a person found to have violated a provision of the insurance code, except that the fine on insurance producers or adjusters may not exceed $5,000 per violation.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 25,000
What this law does
Genetic information is information derived from genetic testing or medical evaluation to determine the presence or absence of variations or mutations in an individual's genetic material that are scientifically or medically believed to cause a disease, disorder or syndrome or are associated with a statistically increased risk of developing one that is asymptomatic at the time of testing.
An insurer, health service corporation, health maintenance organization, fraternal benefit society or other issuer of an individual or group policy or certificate of insurance may not require an individual to obtain a genetic test unless the test is otherwise required by law.
An issuer of coverage may not, on the basis of a person's genetic traits, refuse an application, refuse to issue, cancel or refuse to renew a policy or certificate, charge a higher rate or premium, or offer different terms, conditions or benefits or place a limitation on coverage. An issuer of coverage may not underwrite or condition coverage on a requirement or agreement that the individual undergo genetic testing or on genetic information about a member of the individual's family.
An issuer of coverage may not seek genetic information about an individual for a purpose that is unrelated to assessing or managing the individual's current health, inappropriate in an asymptomatic individual, or unrelated to research in which a subject is not personally identifiable. Section 33-18-903 does not apply to transactions of life, disability income, or long-term care insurance.
Section 33-1-317 lets the commissioner, after a hearing, impose a fine not to exceed $25,000 on a person found to have violated a provision of the insurance code, except that the fine on insurance producers or adjusters may not exceed $5,000 per violation.
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.