Law / United States / 
Oklahoma
Genetic Nondiscrimination in Insurance Act
Officially Genetic Nondiscrimination in Insurance Act: genetic information and genetic tests in accident and health insurance
Genetic Nondiscrimination in Insurance Act, Okla. Stat. tit. 36, Sec. 3614.1
archived copy
Read from a public archive copy, not the publisher directly. The publisher does not serve this page to automated readers, so a direct fetch was not an option here; how we access sources. Archived . Publisher's page: https://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=103723In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Prohibition, Consent
As of .
What it requires
- If you offer an individual or group accident and health insurance policy, do not deny or condition the issuance or effectiveness of the policy or certificate, including by imposing a preexisting condition exclusion, on the basis of genetic information with respect to any individual (section 3614.1(C)(1) of Title 36).
- Do not discriminate in the pricing of the policy or certificate, including by adjusting premium rates, on the basis of genetic information with respect to any individual (section 3614.1(C)(2) of Title 36).
- Do not request or require an individual or a family member of an individual to undergo a genetic test, except for a request, never a requirement, that meets every condition in subsection H (section 3614.1(E) and (H) of Title 36).
- Do not request, require or purchase genetic information for underwriting purposes, or about any individual before the individual's enrollment under the policy in connection with the enrollment (section 3614.1(I) and (J) of Title 36).
- Request only the minimum amount of information necessary when you obtain and use the results of a genetic test in making a payment determination (section 3614.1(F) and (G) of Title 36).
These lines are LexLint's reading of the law's text, as of .
What this law does
Section 3614.1 of Title 36 may be cited as the Genetic Nondiscrimination in Insurance Act. An insurer is any entity engaged in the business of insurance that issues accident and health policies or plans, or administers any other type of health insurance policy containing medical provisions, and the term does not include insurers issuing life, disability income or long-term care insurance.
No insurer offering an individual or group accident and health insurance policy may deny or condition the issuance or effectiveness of the policy or certificate on the basis of genetic information, or discriminate in the pricing of the policy or certificate on the basis of genetic information. An insurer may not request or require an individual or a family member of an individual to undergo a genetic test.
An insurer may not request, require or purchase genetic information for underwriting purposes. An insurer may not request, require or purchase genetic information about an individual before the individual's enrollment under the policy in connection with the enrollment.
An insurer may request, but may not require, a genetic test only if each of five conditions is met, the first being that the request is made under research that complies with part 46 of Title 45 of the Code of Federal Regulations or equivalent federal regulations. Section 3614.1 was enacted by Laws 1998, HB 3169, c.334, section 1, with an emergency effective date of . Section 3614.1 was amended by Laws 2010, SB 2054, c.222, section 27, effective .
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.