CODE OF VIRGINIA

GENETIC INFORMATION PRIVACY (§ 38.2-508.4)

A. As used in this section:”Genetic characteristic” means any
scientifically or medically identifiable gene or chromosome, or alteration
thereof, which is known to be a cause of a disease or disorder, or determined to
be associated with a statistically increased risk of development of a disease or
disorder, and which is asymptomatic of any disease or disorder.”Genetic
information” means information about genes, gene products, or inherited
characteristics that may derive from an individual or a family
member.”Genetic test” means a test for determining the presence or
absence of genetic characteristics in an individual in order to diagnose a
genetic characteristic.

B. No person proposing to issue, re-issue, or renew any policy, contract, or
plan of accident and sickness insurance defined in § 38.2-109, but excluding
disability 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) health maintenance
organization providing a health care plan for health care services shall, on the
basis of any genetic information obtained concerning an individual or on the
individual’s request for genetic services, with respect to such policy,
contract, or plan:

   1.  Terminate, restrict, limit, or otherwise apply conditions to coverage of
   an 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 benefits
   and services; or

   6.  Establish differentials in premium rates for coverage.In addition, no
   discrimination shall be made in the fees or commissions of an agent or agency
   for an enrollment, a subscription, or the renewal of an enrollment or
   subscription of any person on the basis of a person’s genetic
   characteristics which may, under some circumstances, be associated with
   disability in that person or that person’s offspring.

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

HISTORY: 1996, c. 704.