Law / United States / 
Tennessee
Life insurance provider limits on genetic information: cancellation, genetic testing as a precondition of insurability and access to genetic data
Public Chapter 246 (2023), Tenn. Code Ann. title 56, chapter 7, part 27
In force since .
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition, Consent
- Audit expectation
- none
As of .
What it requires
- As a life insurance provider, do not cancel insurance coverage for an individual or a family member of an individual based solely on the individual's or family member's genetic information (section 8(a) of Public Chapter 246).
- Do not request or require an individual to whom you provide life insurance coverage, or an individual who applies for it, to take a genetic test as a precondition of insurability, and do not require the complete genome sequencing of an individual's DNA (section 8(b) of Public Chapter 246).
- Do not access sensitive medical information, including the genetic data of an individual, without first obtaining the individual's signed, written consent (section 8(c) of Public Chapter 246).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Section 56-2-305(a)(2), archive copy of the Tennessee Code, May 2021 release: a monetary penalty of not more than $1,000 for each violation, not to exceed an aggregate penalty of $100,000, unless the violation is knowing, in which case not more than $25,000 for each violation, not to exceed an aggregate penalty of $250,000; each day of continued violation is a separate violation; the subdivision does not apply where a statute or rule specifically provides for other civil penalties. The base tier is recorded as per_violation_amount and fixed_cap.
- Rule
- Per violation only
- As of
- Currency
- USD
- Fixed cap
- 100,000
- Per violation unit
- Violation
- Per violation amount
- 1,000
Who enforces it
Enforcement body
Commissioner of commerce and insurance, who may order a cease and desist, a monetary penalty, and suspension or revocation of a license after notice and a contested case hearing (section 56-2-305).
Settledness
- As of
What this law does
House Bill 1309, assigned Public Chapter Number 246 by the Secretary of State, prohibits a life insurance provider from canceling a life insurance policy based on genetic information, from requesting or requiring genetic testing as a condition of insurability, and from accessing the genetic data of an individual without consent, and amends part 27 of chapter 7 of title 56 of the Tennessee Code.
The life insurance provider section added to part 27 of chapter 7 of title 56 of the Tennessee Code bars a life insurance provider from canceling insurance coverage for an individual or a family member of an individual based solely on the individual's or family member's genetic information.
The life insurance provider section added to part 27 of chapter 7 of title 56 of the Tennessee Code bars a life insurance provider from requesting or requiring an individual to whom the insurer provides life insurance coverage, or an individual who applies for life insurance coverage, to take a genetic test as a precondition of insurability, and from requiring the complete genome sequencing of an individual's DNA.
The life insurance provider section added to part 27 of chapter 7 of title 56 of the Tennessee Code bars a life insurance provider from accessing sensitive medical information, including the genetic data of an individual, without first obtaining the individual's signed, written consent.
The life insurance provider section added to part 27 of chapter 7 of title 56 of the Tennessee Code does not prevent a life insurance provider from requesting or obtaining existing health information for underwriting, including genetic information contained within an individual's medical record. The act that added the life insurance provider section defines a life insurance provider as an insurer or other entity providing life insurance coverage.
The act that added the life insurance provider section provides that, for all purposes other than promulgating rules, the act takes effect and applies to policies of insurance entered into, issued, amended, or renewed on or after that date. Public Chapter 246 was signed by the Governor on . Section 1 of the act deletes section 56-7-2701 in its entirety.
Sections 3 to 7 of the act change part 27's existing sections to refer to a health insurance provider, delete the words life insurance policy from section 56-7-2705, and extend section 56-7-2706 to a health insurer or life insurer. The bill page for HB1309 lists no amendments for HB1309 or for its companion SB1294. The Senate substituted the House bill for its companion bill and passed it on , after the House passed it on .
Section 56-2-305 of the Tennessee Code, in the May 2021 archive copy, lets the commissioner, after notice and a contested case hearing, order an insurer, person or entity required to be licensed by the division of insurance that has violated any statute, rule or order to cease and desist, to pay a monetary penalty of not more than $1,000 for each violation up to an aggregate of $100,000, and to suspend or revoke its license, and sets a higher tier for a knowing violation.
When LexLint raises it
When your app profile says your app processes biometric data or is an insurer.