Law / United States / 
Rhode Island
Genetic information: disclosure limits on insurance administrators, health plans and providers
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Consent, Data subject rights
- Audit expectation
- none
As of .
What it requires
- As an insurance administrator, health plan or provider, do not release genetic information without the individual's prior written authorization, required for each disclosure and stating to whom the disclosure is made; research settings governed by the Common Rule are excepted (subsection (a) of sections 27-18-52, 27-18-52.1, 27-19-44, 27-19-44.1, 27-20-39, 27-20-39.1, 27-41-53 and 27-41-53.1).
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 (section 27-18-46(b)).
Settledness
- As of
What this law does
Section 27-18-52.1(a) of the Rhode Island General Laws bars insurance administrators, health plans and providers, except as chapter 37.3 of title 5 provides, from releasing genetic information without the individual's prior written authorization, which is required for each disclosure and must include to whom the disclosure is being made.
Section 27-19-44.1(a) of the Rhode Island General Laws bars insurance administrators, health plans and providers, except as chapter 37.3 of title 5 provides, from releasing genetic information without the individual's prior written authorization, which is required for each disclosure and must include to whom the disclosure is being made.
Section 27-20-39.1(a) of the Rhode Island General Laws bars insurance administrators, health plans and providers, except as chapter 37.3 of title 5 provides, from releasing genetic information without the individual's prior written authorization, which is required for each disclosure and must include to whom the disclosure is being made.
Section 27-41-53.1(a) of the Rhode Island General Laws bars insurance administrators, health plans and providers, except as chapter 37.3 of title 5 provides, from releasing genetic information without the individual's prior written authorization, which is required for each disclosure and must include to whom the disclosure is being made.
Section 27-18-52(a) of the Rhode Island General Laws bars insurance administrators, health plans and providers, except as chapter 37.3 of title 5 provides, from releasing genetic information without the individual's prior written authorization, which is required for each disclosure and must include to whom the disclosure is being made.
Section 27-19-44(a) of the Rhode Island General Laws bars insurance administrators, health plans and providers, except as chapter 37.3 of title 5 provides, from releasing genetic information without the individual's prior written authorization, which is required for each disclosure and must include to whom the disclosure is being made.
Section 27-20-39(a) of the Rhode Island General Laws bars insurance administrators, health plans and providers, except as chapter 37.3 of title 5 provides, from releasing genetic information without the individual's prior written authorization, which is required for each disclosure and must include to whom the disclosure is being made.
Section 27-41-53(a) of the Rhode Island General Laws bars insurance administrators, health plans and providers, except as chapter 37.3 of title 5 provides, from releasing genetic information without the individual's prior written authorization, which is required for each disclosure and must include to whom the disclosure is being made. 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 27-18-52.1 of the Rhode Island General Laws was enacted by Public Law 2001, chapter 38, section 2. Section 27-19-44.1 of the Rhode Island General Laws was enacted by Public Law 2001, chapter 38, section 4. Section 27-20-39.1 of the Rhode Island General Laws was enacted by Public Law 2001, chapter 38, section 6.
Section 27-41-53.1 of the Rhode Island General Laws was enacted by Public Law 2001, chapter 38, section 8. 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, is an insurer or handles health records.