2006 Louisiana Laws - RS 22:213.7 — Prohibited discrimination; genetic information; disclosure requirements; definitions

§213.7.  Prohibited discrimination; genetic information; disclosure requirements; definitions

A.  As used in this Section, the following terms shall have the following meanings:

(1)  "Collection" means obtaining a DNA sample or samples.

(2)  "Compulsory disclosure" means any disclosure of genetic information mandated or required by federal or state law in connection with a judicial, legislative, or administrative proceeding.

(3)  "Disclose" means to convey or to provide access to genetic information to a person other than the individual.

(4)  "DNA" means deoxyribonucleic acid including mitochondrial DNA, complementary DNA, as well as any DNA derived from ribonucleic acid (RNA).

(5)  "Family" includes an individual's blood relatives and any legal relatives, including a spouse or adopted child, who may have a material interest in the genetic information of the individual.

(6)  "Genetic characteristic" means any gene or chromosome, or alteration thereof, that is scientifically or medically believed to cause a disease, disorder, or syndrome, or to be associated with a statistically significant increased risk of development of a disease, disorder, or syndrome.

(7)  "Genetic analysis" means the process of characterizing genetic information from a human tissue sample.

(8)  "Genetic information" means all information about genes, gene products, inherited characteristics, or family history/pedigree that  is expressed in common language.

(9)  "Genetic test" means any test for determining the presence or absence of genetic characteristics in an individual, including tests of nucleic acids, such as DNA, RNA, and mitochondrial DNA, chromosomes, or proteins in order to diagnose or identify a genetic characteristic.

(10)  "Individual" means the source of a human tissue sample from which a DNA sample is extracted or genetic information is characterized.

(11)  "Individual identifier" means a name, address, social security number, health insurance identification number, or similar information by which the identity of an individual can be determined with reasonable accuracy, either directly or by reference to other available information. Such term does not include characters, numbers, or codes assigned to an individual or a DNA sample that cannot singly be used to identify an individual.

(12)  "Insurer" means any hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, health and accident insurance policy, or any other insurance contract of this type, including a group insurance plan, or any policy of group, family group, blanket, or association health and accident insurance, a self-insurance plan, health maintenance organization, and preferred provider organization, including insurance agents and third-party administrators, which delivers or issues for delivery in this state an insurance policy or plan.

(13)  "Person" means all persons other than the individual who is the source of a tissue sample and shall include a family, corporation, partnership, association, joint venture, government, governmental subdivision or agency, and any other legal or commercial entity.

(14)  "Research" means scientific investigation that includes systematic development and testing of hypotheses for the purpose of increasing knowledge.

(15)  "Storage" means retention of a DNA sample or of genetic information for an extended period of time after the initial testing process.

B.(1)  No insurer shall, on the basis of any genetic information concerning an individual or family member or on the basis of an individual's or family member's request for or receipt of genetic services, or the refusal to submit to a genetic test or make available the results of a genetic test:

(a)  Terminate, restrict, limit, or otherwise apply conditions to the coverage of an individual or family member under the policy or plan, or restrict the sale of the policy or plan to an individual or family member.

(b)  Cancel or refuse to renew the coverage of an individual or family member under the policy or plan.

(c)  Deny coverage or exclude an individual or family member from coverage under the policy or plan.

(d)  Impose a rider that excludes coverage for certain benefits or services under the policy or plan.

(e)  Establish differentials in premium rates or cost sharing for coverage under the policy or plan.

(f)  Otherwise discriminate against an individual or family member in the provision of insurance.

(2)  No insurer shall require an applicant for coverage under the policy or plan, or an individual or family member who is presently covered under a policy or plan, to be the subject of a genetic test or to be subjected to questions relating to genetic information.

(3)  All insurers shall, in the application or enrollment information provided by the insurer concerning a policy or plan, provide an applicant or enrollee with a written statement disclosing the rights of the applicant or enrollee under this Section.  Such statement shall be in a form and manner that is noticeable to and understandable by an average applicant or enrollee.

C.(1)  No insurer shall obtain genetic information from an insured or enrollee, or from their DNA sample, without first obtaining written informed consent from the insured, enrollee, or their representative.

(2)  To be valid, an authorization for disclosure of genetic information shall:

(a)  Be in writing, signed by the individual and dated on the date of such signature.

(b)  Identify the person permitted to make the disclosure.

(c)  Describe the specific genetic information to be disclosed.

(d)  Identify the person to whom the information is to be disclosed.

(e)  Describe with specificity the purpose for which the disclosure is being made.

(f)  State the date upon which the authorization will expire, which in no event shall be more than sixty days after the date of the authorization.

(g)  Include a statement that the authorization is subject to revocation at any time before the disclosure is actually made or the individual is made aware of the details of the genetic information.

(h)  Include a statement that the authorization shall be invalid if used for any purpose other than the described purpose for which the disclosure is made.

(3)  A copy of the authorization shall be provided to the individual.

(4)  An individual may revoke or amend the authorization, in whole or in part, at any time.

(5)  A general authorization for the release of medical records or medical information shall not be construed as an authorization for disclosure of genetic information.  With respect to medical records that contain genetic information, the requirements for disclosure of genetic information under this Section must be complied with.

D.  The requirements of this Section shall not apply to the genetic information obtained:

(1)  By a state, parish, municipal, or federal law enforcement agency for the purposes of establishing the identity of a person in the course of a criminal investigation or prosecution.

(2)  To determine paternity.

(3)  To determine the identity of deceased individuals.

(4)  For anonymous research where the identity of the subject will not be released.

(5)  Pursuant to newborn screening requirements established by state or federal law.

(6)  As authorized by federal law for the identification of persons.

(7)  By the Department of Social Services or by a court having juvenile jurisdiction as set forth in Children's Code Article 302 for the purposes of child protection investigations or neglect proceedings.

E.  An insured's or enrollee's genetic information is the property of the insured or enrollee.  No person shall retain an insured's or enrollee's genetic information without first obtaining authorization from the insured, enrollee, or their representative, unless retention is:

(1)  For the purposes of a criminal or death investigation or for use of in a criminal or juvenile proceeding.

(2)  To determine paternity.

F.(1)  Any person who through negligence collects, stores, or analyzes a DNA sample in violation of this Section, or discloses genetic information in violation of this Section, shall be liable to the individual for each such violation in an amount equal to:

(a)  Any actual damages sustained as a result of the collection, storage, analysis, or disclosure, or fifty thousand dollars, whichever is greater.

(b)  Treble damages, in any case where such a violation resulted in profit or monetary gain.

(c)  The costs of the action together with reasonable attorney fees as determined by the court, in the case of a successful action to enforce any liability under this Section.

(2)  Any person who:

(a)  Through a request, the use of persuasion, under threat, or with a promise of reward, willfully induces another to collect, store, or analyze a DNA sample in violation of this Section; or

(b)  Willfully collects, stores, or analyzes a DNA sample in violation of this Section, or willfully discloses genetic information in violation of this Section, shall be liable to the individual for each such violation in an amount equal to:

(i)  Any actual damages sustained as a result of the collection, analysis, or disclosure, or one hundred thousand dollars, whichever is greater.

(ii)  The costs of the action together with reasonable attorney fees as determined by the court, in the case of a successful action under this Section.

G.  Notwithstanding any provision to the contrary, this Section does not apply to any actions of an insurer or third parties dealing with an insurer taken in the ordinary course of business in connection with the sale, issuance, or administration of a life, disability income, long-term care, or critical illness insurance policy.  For the purposes of this Section, "critical illness" insurance policy shall mean health insurance providing a principle sum of benefit following diagnosis of specifically named perils.

Acts 1997, No. 1418, §1; Acts 2003, No. 129, §1, eff. May 28, 2003; Acts 2004, No. 325, §1, eff. June 18, 2004.