Law / United States / 
Rhode Island
Health insurance genetic testing limits: accident and sickness insurance policies
R.I. Gen. Laws sec. 27-18-52(b)
In force since .
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition, Consent
- Audit expectation
- none
As of .
What it requires
- Under an individual or group health insurance contract, plan or policy that you deliver, issue for delivery or renew in Rhode Island and that provides medical coverage including physician services in a physician's office, or any major medical or comprehensive-type policy (excluding disability income, long-term care and supplemental policies), do not use a genetic test, a request for genetic tests or the results of a genetic test to reject, deny, limit, cancel, refuse to renew, increase the rates of or otherwise affect the policy (section 27-18-52(b)(1)).
- Do not request or require a genetic test to decide whether to issue or renew an individual's health benefits coverage, to set reimbursement or copay levels, or to determine covered benefits and services (section 27-18-52(b)(2)).
- Do not release the results of a genetic test without the individual's prior written authorization, except in a format with individual identifiers removed, encrypted or encoded; a recipient may use or disclose the information only to carry out the purpose for which it was disclosed, and each redisclosure needs authorization (section 27-18-52(b)(3)).
- Do not request or require information as to whether an individual has ever had a genetic test or participated in genetic testing of any kind, whether for clinical or research purposes (section 27-18-52(b)(4)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Section 27-18-46(b): a civil penalty, assessed by the insurance commissioner, of up to $5,000 for each willful or negligent violation of any provision of chapter 18 of title 27, each violation being a separate and distinct offense. The $5,000 ceiling is recorded as per_violation_amount.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 5,000
Who enforces it
Enforcement body
Insurance commissioner, who assesses the civil penalty (section 27-18-46(b)).
Settledness
- As of
What this law does
Section 27-18-52(b)(1) and (2) of the Rhode Island General Laws bar an individual or group health insurance contract, plan or policy that provides medical coverage including physician services in a physician's office, and every major medical or comprehensive-type policy, from using a genetic test, a request for genetic tests or the results of a genetic test to reject, deny, limit, cancel, refuse to renew, increase the rates of or affect a policy, and from requesting or requiring a genetic test to decide whether to issue or renew coverage, to set reimbursement or copay levels, or to determine covered benefits and services.
Section 27-18-52(b)(3) and (4) of the Rhode Island General Laws bar the same policies from releasing the results of a genetic test without the individual's prior written authorization, except in a format with identifiers removed, encrypted or encoded, and from requesting or requiring information as to whether an individual has ever had a genetic test or participated in genetic testing.
Public Law 1998, chapter 380 (H 7590A as amended), enacted , added section 27-18-52 to chapter 18 of title 27. Section 27-18-52 as enacted in 1998 applied to individual and group health insurance contracts, plans and policies delivered, issued for delivery or renewed in Rhode Island on or after . Section 5 of the 1998 insurance genetic testing act provides that the act takes effect upon passage.
Public Law 2001, chapter 38 (S 803B), enacted , amended section 27-18-52. Section 1 of the insurance genetic testing act enacted in 2001 restated section 27-18-52, and the restated subsection (b) opens with the bar on using a genetic test, a request for genetic tests or the results of a genetic test.
Section 27-18-46(b) of the Rhode Island General Laws subjects a person, firm, corporation, association or other legal entity that willfully or negligently violates any provision of its chapter to a civil penalty, assessed by the insurance commissioner, of up to $5,000 for each violation.
Section 27-18-20 of the Rhode Island General Laws makes a person, partnership or corporation that willfully violates a provision of chapter 18 of title 27 liable to forfeit to the state up to $100 for each violation, recoverable by civil action.
When LexLint raises it
When your app profile says your app processes biometric data or is an insurer.