Law / United States / 
Vermont
Genetic testing as a condition of insurance coverage
18 V.S.A. sec. 9334; sec. 9335(a), (b)
In force since .
A sensitive categories rule binding private bodies.
- Obligation class
- Prohibition
- Audit expectation
- none
As of .
What it requires
- If you offer or issue insurance in Vermont (a policy regulated under title 8, including health, life, disability and long-term care policies, hospital and medical service corporation contracts and health maintenance organization benefit plans), do not underwrite a policy or condition it on any requirement or agreement of the individual to undergo genetic testing, or on the results of genetic testing of a member of the individual's family. Section 9332(b) allows insurance genetic testing only within the limits of section 9334.
These lines are LexLint's reading of the law's text, as of .
If you get it wrong
Criminal exposureYes
Private right of actionYes
Criminal exposure note
An intentional violation of subsection 9334(a) is punishable by imprisonment of not more than one year or a fine of not more than $10,000.00, or both (18 V.S.A. section 9335(a)).
Penalty structure
Section 9335(a) provides that a person who intentionally violates subsection 9334(a) shall be imprisoned not more than one year or fined not more than $10,000.00, or both. Section 9334(b) and (c) also make a violation an unfair or deceptive act in the business of insurance under section 4724 of title 8, with the enforcement provisions available under title 8.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 10,000
Statutory damages
Section 9335(b) lets a person aggrieved by a violation of the chapter bring an action for civil damages, including punitive damages, equitable relief, costs and reasonable attorney's fees, and other appropriate relief. The section states no dollar amount.
- As of
- Currency
- USD
Who enforces it
Enforcement body
The enforcement provisions available under Title 8 of the Vermont Statutes, which a violation of 18 V.S.A. section 9334 also triggers as an unfair or deceptive act in the business of insurance under 8 V.S.A. section 4724 (section 9334(b) and (c)).
What this law does
No policy of insurance offered for delivery or issued in Vermont may be underwritten or conditioned on the basis of any requirement or agreement of the individual to undergo genetic testing, or the results of genetic testing of a member of the individual's family. A violation of section 9334 is an unfair method of competition or unfair or deceptive act or practice in the business of insurance in violation of section 4724 of title 8.
A person who violates section 9334 is also subject to the enforcement provisions available under title 8. Insurance means a policy of insurance regulated under title 8, offered or issued in Vermont, including health, life, disability and long-term care insurance policies, hospital and medical service corporation service contracts, and health maintenance organization benefit plans.
A person who intentionally violates subsection 9334(a) shall be imprisoned not more than one year or fined not more than $10,000.00, or both.
When LexLint raises it
When your app profile says your app is an insurer or processes biometric data.