Law / United States / 
New Hampshire
Genetic testing in health, life, disability income and long-term care insurance
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- If you are a health insurer, do not require or request, directly or indirectly, any individual or member of the individual's family to undergo genetic testing, or to reveal whether the individual or a family member has undergone genetic testing or the results (RSA 141-H:4, I and II).
- Do not condition health insurance coverage or health care benefits on whether an individual or a family member has undergone genetic testing or the results, and do not consider that in the determination of rates or any other aspect of coverage or benefits (RSA 141-H:4, III and IV).
- If you provide life, disability income or long-term care insurance and obtain information about genetic testing of an individual or a family member, do not use that information in writing a type of insurance coverage other than life, disability income or long-term care insurance (RSA 141-H:5, II).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Private right of actionYes
Statutory damages
RSA 141-H:6: an aggrieved individual who brings a civil action under the chapter and succeeds shall be awarded special or general damages of not less than $1,000 for each violation, and costs and reasonable legal fees.
- As of
- Currency
- USD
- Per person minimum
- 1,000
What this law does
A health insurer in connection with providing health insurance may not require or request, directly or indirectly, any individual or family member to undergo genetic testing, or to reveal whether the individual or a family member has undergone genetic testing or the results.
A health insurer may not condition health insurance coverage or benefits on whether an individual or a family member has undergone genetic testing or the results, and may not consider that in the determination of rates or any other aspect of coverage or benefits.
A person in the business of providing life, disability income or long-term care insurance who obtains information about genetic testing of an individual or a family member may not use that information in writing a type of insurance coverage other than those three types. An aggrieved individual may bring a civil action under the chapter and, if successful, shall be awarded special or general damages of not less than $1,000 for each violation, and costs and reasonable legal fees.
Except as RSA 141-H:5, II provides, the provisions of the chapter do not apply to the provision of life insurance, disability income insurance or long-term care insurance.
When LexLint raises it
When your app profile says your app processes biometric data or is an insurer.