2. OBTAINED FOR DIAGNOSTIC AND THERAPEUTIC
PURPOSES; AND
3. OBTAINED AT A TIME WHEN THE INDIVIDUAL TO WHOM
THE INFORMATION RELATES IS ASYMPTOMATIC FOR THE DISEASE.
(II) "GENETIC INFORMATION" DOES NOT "INCLUDE:
1. ROUTINE PHYSICAL MEASUREMENTS;
2. CHEMICAL, BLOOD, AND URINE ANALYSES THAT ARE
WIDELY ACCEPTED AND IN USE IN CLINICAL PRACTICE;
3. TESTS FOR USE OF DRUGS; OR
4. TESTS FOR THE PRESENCE OF THE HUMAN
IMMUNODEFICIENCY VIRUS.
(4) "GENETIC SERVICES" MEANS HEALTH SERVICES THAT ARE
PROVIDED TO OBTAIN, ASSESS, AND INTERPRET GENETIC INFORMATION FOR
DIAGNOSTIC AND THERAPEUTIC PURPOSES AND FOR GENETIC EDUCATION AND
COUNSELING.
(5) [In this section, "genetic] "GENETIC test" means a laboratory test of
human chromosomes [or DNA], GENES, OR GENE PRODUCTS 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) This section does not apply to life insurance policies, annuity contracts,
LONG-TERM CARE INSURANCE POLICIES, or disability insurance policies.
(c) An insurer, nonprofit health service plan, or health maintenance
organization may not:
(1) use a genetic test or, the results of a genetic test, GENETIC
INFORMATION, OR A REQUEST FOR GENETIC SERVICES, 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, THE RESULTS OF A GENETIC TEST,
OR GENETIC INFORMATION for the purpose of determining whether or not to issue or
renew health benefits coverage; or
(3) release [the results of a genetic test] IDENTIFIABLE GENETIC
INFORMATION OR THE RESULTS OF A GENETIC TEST TO ANY PERSON WHO IS NOT AN
EMPLOYEE OF THE PLAN INSURER, NONPROFIT HEALTH SERVICE PLAN, OR HEALTH
MAINTENANCE ORGANIZATION OR A PARTICIPATING HEALTH CARE PROVIDER WHO
PROVIDES MEDICAL SERVICES TO INSUREDS OR ENROLLEES without the prior
written authorization of the individual from whom the test RESULTS OR GENETIC
INFORMATION was obtained.
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