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36-3614.1.


36-3614.1.
   
   A. This section shall be known and may be cited as the "Genetic
   Nondiscrimination in Insurance Act".
   
   B. For purposes of the Genetic Nondiscrimination In Insurance Act:
   
   1. "Accident and health insurance" means accident and health insurance
   as such term is defined in Section 703 of Title 36 of the Oklahoma
   Statutes, but shall not include disability income or long-term care
   insurance;
   
   2. "DNA" means deoxyribonucleic acid;
   
   3. "Genetic information" means information derived from the results of
   a genetic test. Genetic information shall not include family history,
   the results of a routine physical examination or test, the results of
   a chemical, blood or urine analysis, the results of a test to
   determine drug use, the results of a test for the presence of the
   human immunodeficiency virus, or the results of any other test
   commonly accepted in clinical practice at the time it is ordered by
   the insurer;
   
   4. "Genetic test" means a laboratory test of the DNA, RNA, or
   chromosomes of an individual for the purpose of identifying the
   presence or absence of inherited alterations in the DNA, RNA, or
   chromosomes that cause a predisposition for a clinically recognized
   disease or disorder. "Genetic test" shall not include:
   
   a. a routine physical examination or a routine test performed as a
   part of a physical examination,
   
   b. a chemical, blood, or urine analysis,
   
   c. a test to determine drug use,
   
   d. a test for the presence of the human immunodeficiency virus, or
   
   e. any other test commonly accepted in clinical practice at the time
   it is ordered by the insurer;
   
   5. "Insurer" means any individual, corporation, association,
   partnership, insurance support organization, fraternal benefit
   society, insurance agent, third-party administration, self-insurer, or
   any other legal entity engaged in the business of insurance which is
   licensed to do business in or incorporated or domesticated or
   domiciled in or under the statutes of this state, or actually engaged
   in business in this state, regardless of where the contract of
   insurance is written or plan is administered or where the corporation
   is incorporated, that issues accident and health policies or plans or
   that administers any other type of health insurance policy containing
   medical provisions including, but not limited to, any nonprofit
   hospital service and indemnity and medical service and indemnity
   corporation, health maintenance organizations, preferred provider
   organizations, prepaid health plans and the State and Education
   Employees Group Health Insurance Plan. Insurer shall not include
   insurers issuing life, disability income, or long-term care insurance;
   
   6. "Policy" or "policy form" means any policy, contract, plan or
   agreement of accident and health insurance, or subscriber certificates
   of medical care corporations, health care corporations, hospital
   service associations, or health care maintenance organizations,
   delivered or issued for delivery in this state by any insurer; any
   certificate, contract or policy issued by a fraternal benefit society;
   any certificate issued pursuant to a group insurance policy delivered
   or issued for delivery in this state; and any evidence of coverage
   issued by a health maintenance organization. Policy or policy form
   shall not include life, disability income, and long-term care
   insurance policies; and
   
   7. "RNA" means ribonucleic acid.
   
   C. No insurer shall, for the purpose of determining eligibility of any
   individual for any insurance coverage, establishing premiums, limiting
   coverage, renewing coverage, terminating coverage or any other
   underwriting decision in connection with the offer, sale or renewal or
   continuation of a policy, except to the extent and in the same fashion
   as an insurer limits coverage, or increases premiums for loss caused
   or contributed to by other medical conditions presenting an increased
   degree of risk:
   
   1. Require or request, directly or indirectly, any individual or a
   member of the individual's family to obtain a genetic test; and
   
   2. Condition the provision of the policy upon a requirement that an
   individual take a genetic test.
   
   D. Nothing in this section shall limit an insurer's right to decline
   an application or enrollment request for a policy, charge a higher
   rate or premium for such a policy, or place a limitation on coverage
   under such a policy, on the basis of manifestations of any condition,
   disease or disorder.
   
   E. 1. Any violation of subsections C and D of this section by an
   insurer shall be deemed an unfair practice pursuant to Section 1201 et
   seq. of Title 36 of the Oklahoma Statutes.
   
   2. In addition, any individual who is damaged by an insurer's
   violation of this section may recover in a court of competent
   jurisdiction equitable relief, which may include a retroactive order,
   directing the insurer to provide insurance coverage to the damaged
   individual under the same terms and conditions as would have applied
   had the violation not occurred.
   
   F. Notwithstanding any language in this section to the contrary, this
   section shall not apply to an insurer or to an individual or
   third-party dealing with an insurer in the ordinary course of
   underwriting, conducting, or administering the business of life,
   disability income, or long-term care insurance.
   

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