PARRIS N. GLENDENING, Governor

Ch. 35

(2) THE STANDARDS RELATE TO:

(I) THE SUBMISSION BY THE APPLICANT OR POLICYHOLDER OF A
FALSE OR FRAUDULENT CLAIM OR APPLICATION OR OTHER ACTION THAT WOULD
CONSTITUTE A VIOLATION OF SUBTITLE 8 OF THIS TITLE; OR

(II) THE CONVICTION OF THE INSURED OF A CRIME THAT
INCREASES THE HAZARD INSURED AGAINST.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 48A, § 240L.

Defined terms: "Insurer" § 1-101
"Policy" § 1-101

27-909. USE OF GENETIC TESTS.

(A) "GENETIC TEST" DEFINED.

IN THIS SECTION, "GENETIC TEST" MEANS A LABORATORY TEST OF HUMAN
CHROMOSOMES OR DNA THAT IS USED TO IDENTIFY THE PRESENCE OR ABSENCE OF
INHERITED OR CONGENITAL ALTERATIONS IN GENETIC MATERIAL THAT ARE
ASSOCIATED WITH DISEASE OR ILLNESS.

(B) SCOPE OF SECTION.

THIS SECTION DOES NOT APPLY TO LIFE INSURANCE POLICIES, ANNUITY
CONTRACTS, OR DISABILITY INSURANCE POLICIES.

(C) IN GENERAL.

AN INSURER, NONPROFIT HEALTH SERVICE PLAN, OR HEALTH MAINTENANCE
ORGANIZATION MAY NOT:

(1) USE A GENETIC TEST OR THE RESULTS OF A GENETIC TEST TO
REJECT, DENY, LIMIT, CANCEL, REFUSE TO RENEW, INCREASE THE RATES OF,
AFFECT THE TERMS OR CONDITIONS OF, OR OTHERWISE AFFECT A HEALTH
INSURANCE POLICY OR CONTRACT;

(2) REQUEST OR REQUIRE A GENETIC TEST FOR THE PURPOSE OF
DETERMINING WHETHER OR NOT TO ISSUE OR RENEW HEALTH BENEFITS
COVERAGE; OR

(3) RELEASE THE RESULTS OF A GENETIC TEST WITHOUT THE PRIOR
WRITTEN AUTHORIZATION OF THE INDIVIDUAL FROM WHOM THE TEST WAS
OBTAINED.

(D) EFFECT OF VIOLATION OF SECTION.

(1) FOR PURPOSES OF THIS SUBSECTION, §§ 4-113, 4-114, 27-501, AND
27-505 OF THIS ARTICLE APPLY TO NONPROFIT HEALTH SERVICE PLANS AND
HEALTH MAINTENANCE ORGANIZATIONS.

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