2006 Code of Virginia § 38.2-508.4 - Genetic information privacy

38.2-508.4. Genetic information privacy.

A. As used in this section:

"Genetic characteristic" means any scientifically or medically identifiablegene or chromosome, or alteration thereof, which is known to be a cause of adisease or disorder, or determined to be associated with a statisticallyincreased risk of development of a disease or disorder, and which isasymptomatic of any disease or disorder.

"Genetic information" means information about genes, gene products, orinherited characteristics that may derive from an individual or a familymember.

"Genetic test" means a test for determining the presence or absence ofgenetic characteristics in an individual in order to diagnose a geneticcharacteristic.

B. No person proposing to issue, re-issue, or renew any policy, contract, orplan of accident and sickness insurance defined in 38.2-109, but excludingdisability income insurance, issued by any (i) insurer providing hospital,medical and surgical or major medical coverage on an expense incurred basis,(ii) corporation providing a health services plan, or (iii) healthmaintenance organization providing a health care plan for health careservices shall, on the basis of any genetic information obtained concerningan individual or on the individual's request for genetic services, withrespect to such policy, contract, or plan:

1. Terminate, restrict, limit, or otherwise apply conditions to coverage ofan individual or restrict the sale to an individual;

2. Cancel or refuse to renew the coverage of an individual;

3. Exclude an individual from coverage;

4. Impose a waiting period prior to commencement of coverage of an individual;

5. Require inclusion of a rider that excludes coverage for certain benefitsand services; or

6. Establish differentials in premium rates for coverage.

In addition, no discrimination shall be made in the fees or commissions of anagent or agency for an enrollment, a subscription, or the renewal of anenrollment or subscription of any person on the basis of a person's geneticcharacteristics which may, under some circumstances, be associated withdisability in that person or that person's offspring.

C. Notwithstanding any other provisions of law, all information obtained fromgenetic screening or testing conducted prior to the repeal of this sectionshall be confidential and shall not be made public nor used in any way, inwhole or in part, to cancel, refuse to issue or renew, or limit benefitsunder any policy, contract or plan subject to the provisions of this section.

(1996, c. 704.)