Law / United States / 
Oregon
Oregon insurer limits on genetic tests and genetic information
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Prohibition, Disclosure
- Audit expectation
- none
As of .
What it requires
- If you ask an applicant for insurance to take a genetic test in connection with an application, reveal the use of the test to the applicant and obtain the applicant's specific authorization on the form the Director of the Department of Consumer and Business Services adopts by rule (ORS 746.135(1)).
- Do not use favorable genetic information to induce the purchase of insurance (ORS 746.135(2)).
- Do not use genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy for hospital or medical expenses (ORS 746.135(3)).
- Do not use genetic information about a blood relative to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy of insurance (ORS 746.135(4)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Criminal exposure note
ORS 731.992(4): a violation of any provision of the Insurance Code for which the Insurance Code or other applicable laws of this state do not provide a greater penalty is a Class A misdemeanor.
Penalty structure
ORS 731.988(1): a person that violates any provision of the Insurance Code is subject to a civil penalty the Director of the Department of Consumer and Business Services determines that does not exceed $10,000 for each offense, and the civil penalty for individual insurance producers, adjusters or insurance consultants may not exceed $1,000 for each offense. Each violation is a separate offense.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 10,000
Who enforces it
Enforcement body
Director of the Department of Consumer and Business Services, who determines the civil penalty for a violation of the Insurance Code under ORS 731.988(1).
What this law does
If a person asks an applicant for insurance to take a genetic test in connection with an application, the use of the test must be revealed to the applicant and the person must obtain the applicant's specific authorization on a form the Director of the Department of Consumer and Business Services adopts by rule. A person may not use favorable genetic information to induce the purchase of insurance.
A person may not use genetic information to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy for hospital or medical expenses. A person may not use genetic information about a blood relative to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy of insurance.
The history note of ORS 746.135 lists section 8 of chapter 680, Oregon Laws 1995, and section 17 of chapter 588, Oregon Laws 2001. ORS chapters 731, 732, 733, 734, 735, 737, 742, 743, 743A, 743B, 744, 746, 748 and 750 may be cited as the Insurance Code. A person that violates any provision of the Insurance Code is subject to a civil penalty the Director of the Department of Consumer and Business Services determines that does not exceed $10,000 for each offense.
The civil penalty for individual insurance producers, adjusters or insurance consultants may not exceed $1,000 for each offense, and each violation is a separate offense. A violation of any provision of the Insurance Code for which no greater penalty is provided is a Class A misdemeanor.
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.