Law / United States / 
Rhode Island
Genetic testing limits on nonprofit health service corporations, nonprofit health insurers and health maintenance organizations
R.I. Gen. Laws secs. 27-19-44(b), 27-20-39(b), 27-41-53(b)
In force since .
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition, Consent
- Audit expectation
- none
As of .
What it requires
- As a nonprofit health service corporation, nonprofit health insurer or health maintenance organization, do not use a genetic test, a request for a genetic test or the results of a genetic test to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a group or individual health insurance policy, contract or plan (sections 27-19-44(b)(1), 27-20-39(b)(1) and 27-41-53(b)(1)).
- Do not request or require a genetic test to decide whether to issue or renew health benefits coverage, to set reimbursement or copay levels, or to determine covered benefits and services (sections 27-19-44(b)(2), 27-20-39(b)(2) and 27-41-53(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 (sections 27-19-44(b)(3), 27-20-39(b)(3) and 27-41-53(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 (sections 27-19-44(b)(4), 27-20-39(b)(4) and 27-41-53(b)(4)).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Sections 27-19-38(b), 27-20-33(b) and 27-41-47(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. 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 27-19-38(b), 27-20-33(b) and 27-41-47(b)).
Settledness
- As of
What this law does
Section 27-19-44(b) of the Rhode Island General Laws bars a nonprofit health service corporation subject to the provisions of its chapter from using a genetic test, a request for a genetic test, the results of a genetic test or other genetic information 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 a genetic test for coverage and benefit decisions, from releasing the results of a genetic test without prior written authorization except 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.
Section 27-20-39(b) of the Rhode Island General Laws bars a nonprofit health insurer subject to the provisions of its chapter from using a genetic test, a request for a genetic test or the results of a genetic test 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 a genetic test for coverage and benefit decisions, from releasing the results of a genetic test without prior written authorization except 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.
Section 27-41-53(b) of the Rhode Island General Laws bars a health maintenance organization subject to the provisions of its chapter from using a genetic test, a request for a genetic test or the results of a genetic test 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 a genetic test for coverage and benefit decisions, from releasing the results of a genetic test without prior written authorization except 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 27-19-44 to chapter 19 of title 27, section 27-20-39 to chapter 20 and section 27-41-53 to chapter 41. Section 5 of the 1998 insurance genetic testing act provides that the act takes effect upon passage. Section 27-19-44 of the Rhode Island General Laws was amended by Public Law 2001, chapter 38, section 3.
Section 3 of the insurance genetic testing act enacted in 2001 restated section 27-19-44, and the restated subsection (b) opens with the bar on using a genetic test, a request for genetic test, the results of a genetic test or other genetic information. Section 5 of the insurance genetic testing act enacted in 2001 restated section 27-20-39, and the restated subsection (b) opens with the bar on using a genetic test, a request for genetic or the results of a genetic test.
Section 7 of the insurance genetic testing act enacted in 2001 restated section 27-41-53, and the restated subsection (b) opens with the bar on using a genetic test or request for genetic test the results of a genetic test.
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.
Section 27-41-21(b) of the Rhode Island General Laws makes a person who violates chapter 41 of title 27 guilty of a misdemeanor punishable by a fine not to exceed $500 or imprisonment for a period not exceeding one year, or both.
When LexLint raises it
When your app profile says your app processes biometric data or is an insurer.