Law / United States / 
Virginia
Insurance: genetic information privacy in accident and sickness insurance
In force since .
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition
As of .
What it requires
- If you propose to issue, re-issue or renew a policy, contract or plan of accident and sickness insurance (other than disability income insurance) as an insurer providing hospital, medical and surgical or major medical coverage on an expense incurred basis, a health services plan corporation or a health maintenance organization, do not use genetic information obtained about an individual, or the individual's request for genetic services, to terminate, restrict, limit or condition coverage or restrict its sale, cancel or refuse to renew coverage, exclude the individual from coverage, impose a waiting period, require a rider excluding benefits or services, or establish differentials in premium rates.
- Do not discriminate in the fees or commissions of an agent or agency for an enrollment, subscription or renewal on the basis of a person's genetic characteristics that may be associated with disability in that person or that person's offspring.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Penalty structure
Section 38.2-218: a person who knowingly or willfully violates any provision of Title 38.2 is punished for each violation by a penalty of not more than $5,000, and a person who violates a provision without knowledge or intent may be punished for each violation by a penalty of not more than $1,000, with a series of similar violations from the same act limited to $10,000 in the aggregate. The knowing or willful 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
State Corporation Commission, which may examine and investigate each person subject to the Unfair Trade Practices chapter of Title 38.2 to determine whether the person has engaged in an unfair method of competition or an unfair or deceptive act or practice the chapter prohibits (section 38.2-515).
Settledness
- As of
What this law does
No person proposing to issue, re-issue or renew an accident and sickness insurance policy, contract or plan, other than disability income insurance, of an insurer providing hospital, medical and surgical or major medical coverage on an expense incurred basis, a health services plan corporation or a health maintenance organization may use genetic information to restrict, cancel, refuse to renew or exclude coverage, impose a waiting period or rider, or set premium differentials.
Genetic information means information about genes, gene products, or inherited characteristics that may derive from an individual or a family member. An agent's or agency's fees or commissions may not be discriminated on the basis of a person's genetic characteristics that may be associated with disability in that person or that person's offspring.
Section 38.2-508.4(C) makes information obtained from genetic screening or testing conducted before the repeal of the section confidential and bars its use to cancel, refuse to issue or renew, or limit benefits under a covered policy, contract or plan.
The State Corporation Commission may examine and investigate each person subject to the chapter on unfair trade practices to determine whether the person has engaged in an unfair method of competition or an unfair or deceptive act or practice the chapter prohibits. Section 38.2-218 of the Code of Virginia punishes a knowing or willful violation of any provision of Title 38.2 by a penalty of not more than $5,000 for each violation. The section took effect on .
When LexLint raises it
When your app profile says your app is an insurer.