Law / United States / 
Rhode Island
Genetic information: health insurance policy limits on using, requesting and releasing genetic information
R.I. Gen. Laws secs. 27-18-52.1(b), 27-19-44.1(b), 27-20-39.1(b), 27-41-53.1(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 genetic information or a request for it to reject, deny, limit, cancel, refuse to renew, increase the rates of or otherwise affect the policy (subsection (b)(1) of sections 27-18-52.1, 27-19-44.1, 27-20-39.1 and 27-41-53.1).
- Do not request or require genetic information 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 (subsection (b)(2) of those sections).
- Do not release genetic information without the individual's prior written authorization, except in a format with individual identifiers removed, encrypted or encoded; a recipient may use or disclose it only to carry out the purpose for which it was disclosed, and each redisclosure needs authorization (subsection (b)(3) of those sections).
- Do not request or require information as to whether an individual has genetic information, whether for clinical or research purposes (subsection (b)(4) of those sections).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Sections 27-18-46(b) and 27-19-38(b): a civil penalty, assessed by the insurance commissioner, of up to $5,000 for each willful or negligent violation of any provision of the chapter, each violation being a separate and distinct offense; sections 27-20-33(b) and 27-41-47(b) carry the same ceiling. 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 (sections 27-18-46(b), 27-19-38(b), 27-20-33(b) and 27-41-47(b)).
Settledness
- As of
What this law does
Section 27-18-52.1(b) of the Rhode Island General Laws bars an individual or group health insurance contract, plan or policy of the kind the subsection describes from using genetic information or a request for it to reject, deny, limit, cancel, refuse to renew, increase the rates of or affect a group or individual health insurance policy, contract or plan, from requesting or requiring genetic information for coverage and benefit decisions, from releasing genetic information without prior written authorization except with identifiers removed, encrypted or encoded, and from requesting or requiring information as to whether an individual has genetic information.
Section 27-19-44.1(b) of the Rhode Island General Laws bars an individual or group health insurance contract, plan or policy of the kind the subsection describes from using genetic information or a request for it to reject, deny, limit, cancel, refuse to renew, increase the rates of or affect a group or individual health insurance policy, contract or plan, from requesting or requiring genetic information for coverage and benefit decisions, from releasing genetic information without prior written authorization except with identifiers removed, encrypted or encoded, and from requesting or requiring information as to whether an individual has genetic information.
Section 27-20-39.1(b) of the Rhode Island General Laws bars an individual or group health insurance contract, plan or policy of the kind the subsection describes from using genetic information or a request for it to reject, deny, limit, cancel, refuse to renew, increase the rates of or affect a group or individual health insurance policy, contract or plan, from requesting or requiring genetic information for coverage and benefit decisions, from releasing genetic information without prior written authorization except with identifiers removed, encrypted or encoded, and from requesting or requiring information as to whether an individual has genetic information.
Section 27-41-53.1(b) of the Rhode Island General Laws bars an individual or group health insurance contract, plan or policy of the kind the subsection describes from using genetic information or a request for it to reject, deny, limit, cancel, refuse to renew, increase the rates of or affect a group or individual health insurance policy, contract or plan, from requesting or requiring genetic information for coverage and benefit decisions, from releasing genetic information without prior written authorization except with identifiers removed, encrypted or encoded, and from requesting or requiring information as to whether an individual has genetic information.
Section 27-18-52.1(c) of the Rhode Island General Laws defines genetic information as information about genes, gene product, or inherited characteristics that may derive from the individual or a family member. Section 27-18-52.1 as enacted in 2001 applied its subsection (b) to health insurance contracts, plans and policies delivered, issued for delivery or renewed in Rhode Island on or after .
Section 27-19-44.1 as enacted in 2001 applied its subsection (b) to health insurance contracts, plans and policies delivered, issued for delivery or renewed in Rhode Island on or after . Section 27-20-39.1 as enacted in 2001 applied its subsection (b) to health insurance contracts, plans and policies delivered, issued for delivery or renewed in Rhode Island on or after .
Section 27-41-53.1 as enacted in 2001 applied its subsection (b) to health insurance contracts, plans and policies delivered, issued for delivery or renewed in Rhode Island on or after . Public Law 2001, chapter 38 (S 803B) was enacted on . Section 9 of the insurance genetic testing act enacted in 2001 provides that the act takes effect upon passage.
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 27-19-38(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 27-20-33(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 27-41-47(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.
When LexLint raises it
When your app profile says your app processes biometric data or is an insurer.