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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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