Law / United States / 
Texas
Texas limits on health benefit plan issuers' use of genetic testing information
In force.
A sensitive categories rule binding private bodies.
- Obligation class
- Consent, Prohibition, Data subject rights, Retention
- Audit expectation
- none
As of .
What it requires
- If you are a health benefit plan issuer and ask an applicant to submit to a genetic test in connection with the application, notify the applicant that the test is required, disclose the proposed use of the results and obtain the applicant's written informed consent before the test is administered (Tex. Ins. Code sec. 546.051(a)).
- Do not use the results of that test to induce the purchase of coverage (Tex. Ins. Code sec. 546.051(c)).
- Do not use genetic information, or an applicant's refusal to submit to a genetic test, to reject, deny, limit, cancel, refuse to renew, increase the premiums for or otherwise adversely affect eligibility for or coverage under the plan (Tex. Ins. Code sec. 546.052).
- Destroy a sample of genetic material obtained for a genetic test promptly after the purpose for which it was obtained is accomplished, unless an exception in section 546.054 applies (Tex. Ins. Code sec. 546.054).
- On the written request of an individual who submitted to a genetic test, disclose the test results to the individual or to a physician the individual designates (Tex. Ins. Code sec. 546.101(a)).
- Do not disclose, or be compelled to disclose, genetic information about an individual unless the individual specifically authorized the disclosure by an authorization that meets section 546.104 or an exception in section 546.103 applies (Tex. Ins. Code secs. 546.102(b), 546.103, 546.104).
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Tex. Ins. Code sec. 546.152 makes a health benefit plan issuer that operates a plan in violation of chapter 546 subject to an administrative penalty as provided by chapter 84, and section 84.022(a) provides that the penalty for a violation may not exceed $25,000 unless a greater or lesser penalty is specified by the Insurance Code or another insurance law.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 25,000
Who enforces it
Enforcement body
Texas commissioner of insurance, who on a finding that a health benefit plan issuer is in violation of chapter 546 may issue a cease and desist order (Tex. Ins. Code sec. 546.151(a)).
What this law does
Chapter 546 applies only to a health benefit plan that provides benefits for medical or surgical expenses incurred as a result of a health condition, accident or sickness, including the listed forms of plan.
A health benefit plan issuer that requests an applicant to submit to a genetic test in connection with the application must notify the applicant that the test is required, disclose the proposed use of the results and obtain the applicant's written informed consent before the test is administered. A health benefit plan issuer may not use the results of a genetic test conducted under section 546.051(a) to induce the purchase of coverage under the plan.
A health benefit plan issuer may not use genetic information or an applicant's refusal to submit to a genetic test to reject, deny, limit, cancel, refuse to renew, increase the premiums for or otherwise adversely affect eligibility for or coverage under the plan. A sample of genetic material obtained from an individual for a genetic test must be destroyed promptly after the purpose for which it was obtained is accomplished, unless a listed exception applies.
An individual who submits to a genetic test has the right to know the results, and on the individual's written request the issuer or other entity that performed the test must disclose them to the individual or to a physician the individual designates. A person or entity that holds genetic information about an individual may not disclose or be compelled to disclose that information, by subpoena or otherwise, unless the individual specifically authorized the disclosure as section 546.104 provides.
On a finding that a health benefit plan issuer is in violation of chapter 546, the commissioner may issue a cease and desist order. A health benefit plan issuer that operates a plan in violation of chapter 546 is subject to an administrative penalty as provided by Insurance Code chapter 84. An administrative penalty under Insurance Code chapter 84 for a violation may not exceed $25,000, unless a greater or lesser penalty is specified by the Insurance Code or another insurance law of this state.
Chapter 546 was added by Acts 2003, 78th Legislature, chapter 1274, effective . Section 546.002 was amended by Acts 2005, 79th Legislature, chapter 670, effective . Section 546.151 was amended by Acts 2005, 79th Legislature, chapter 670 (Senate Bill 53), effective . Section 546.152 was amended by Acts 2005, 79th Legislature, chapter 670 (Senate Bill 53), effective .
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.