2014 Kentucky Revised Statutes CHAPTER 304 - INSURANCE CODE Subtitle 12 - Trade Practices and Frauds 12.12-085 Denial of insurance because of race, color, religion, national origin, or sex prohibited -- Genetic tests.
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304.12-085 Denial of insurance because of race, color, religion, national
origin, or sex prohibited -- Genetic tests.
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No person shall, whether acting for himself or another in connection with an
insurance transaction, fail or refuse to issue or renew insurance to any person
because of race, color, religion, national origin, or sex except that rates
determined through valid actuarial tables shall not be violative of KRS Chapter
344.
In the case of benefits consisting of medical care provided under, offered by, or
in connection with a group or individual health benefit plan, the plan or insurer
may not deny, cancel, or refuse to renew the benefits or coverage, or vary the
premiums, terms, or conditions for the benefits or coverage, for any participant
or beneficiary under the plan:
(a) On the basis of a genetic test, for which symptoms have not manifested;
or
(b) On the basis that the participant or beneficiary has requested or received
genetic services.
A group or individual health benefit plan or insurer offering health insurance in
connection with a health benefit plan or an insurer offering a disability income
plan may not request or require an applicant, participant, or beneficiary to
disclose to the plan or insurer any genetic test about the participant,
beneficiary, or applicant.
A group or individual health benefit plan or insurer offering health insurance in
connection with a health benefit plan may not disclose any genetic test about a
participant or beneficiary without prior authorization by the participant. The
authorization is required for each disclosure.
For purposes of this section, unless the context requires otherwise:
(a) "Health benefit plan" has the meaning given it in KRS 304.17A-005; and
(b) "Insurer" has the meaning given it in KRS 304.17A-005.
Effective:April 10, 1998
History: Amended 1998 Ky. Acts ch. 496, sec. 55, effective April 10, 1998. -Created 1974 Ky. Acts ch. 104, sec. 10, effective June 21, 1974.
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