Law / United States / 
New Jersey
Insurance: genetic information and genetic test limits in life, health, disability and supplemental coverage
Discrimination in life and health insurance, genetic information, N.J. Stat. § 17B:30-12(e) and (f)
In force since .
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition, Consent, Disclosure
As of .
What it requires
- Do not discriminate against an individual on the basis of genetic information, or the refusal to submit to a genetic test or make available its results, in issuing, withholding, extending or renewing hospital confinement or other supplemental limited benefit insurance, or in fixing its rates, terms or conditions (N.J.S.17B:30-12(e)).
- Do not make or permit unfair discrimination against an individual in applying the results of a genetic test or genetic information in issuing, withholding, extending or renewing life insurance (including credit life), an annuity, a disability income insurance contract or credit accident insurance coverage (N.J.S.17B:30-12(f)).
- If you will use the results of a genetic test in those lines, notify the individual that the test will be required and obtain the individual's written informed consent before the test is administered, in accordance with P.L.1985, c.179 (N.J.S.17B:30-12(f)).
- Provide that the physician or other health care professional the individual designates promptly receives a copy of the test results and, if required, a qualified professional's interpretation, and that the individual states in writing whether the individual elects to be informed of the results (N.J.S.17B:30-12(f)).
These lines are LexLint's reading of the law's text, as of .
Who enforces it
Enforcement body
The Commissioner of Banking and Insurance, who issues a statement of charges and, on a determination of a violation, a cease and desist order, and may order payment of a penalty consistent with N.J.S.17B:30-1 et seq.
What this law does
Section 3 of P.L.1996, c.126 amended N.J.S.17B:30-12. No person may discriminate against an individual on the basis of genetic information, or the refusal to submit to a genetic test or make available its results, in the issuance, withholding, extension or renewal of hospital confinement or other supplemental limited benefit insurance, or in fixing its rates, terms or conditions.
No person may make or permit any unfair discrimination against an individual in the application of the results of a genetic test or genetic information in the issuance, withholding, extension or renewal of a policy of life insurance, including credit life insurance, an annuity, a disability income insurance contract or credit accident insurance coverage.
An insurer that will use the results of a genetic test in issuing, withholding, extending or renewing life, annuity, disability income or credit accident coverage must notify the individual that the test will be required and obtain the individual's written informed consent before the test is administered.
The insurer must also provide that the physician or other health care professional designated by the individual promptly receives a copy of the test results, and that the individual states in writing whether the individual elects to be informed of the results.
If the commissioner has reason to believe that such unfair discrimination has occurred and that a proceeding would be in the public interest, the commissioner must issue a statement of charges, and on a determination of a violation must order the insurer to cease and desist and may order payment of a penalty consistent with N.J.S.17B:30-1 et seq. P.L.1996, c.126 was approved on and took effect immediately.
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.