§918. Prohibited discrimination; genetic information derived from participation in genetic research or testing or clinical research; definitions

            A. As used in this Section, the following definitions apply:

            (1) "DNA" means deoxyribonucleic acid including mitochondrial DNA and complementary DNA, as well as any DNA derived from ribonucleic acid (RNA).

            (2) "Family member" means an individual's blood relatives.

            (3) "Genetic information" means information derived from genetic testing to determine the presence or absence of variations or mutations, including carrier status, in an individual's genetic material or genes that are scientifically or medically believed to cause a disease, disorder, or syndrome, or are associated with a statistically increased risk of developing a disease, disorder, or syndrome which is asymptomatic at the time of testing. The term "genetic information" does not include information about an individual's sex, age, or family history.

            (4) "Genetic services" means a genetic test or genetic counseling, including obtaining, interpreting, or assessing genetic information, or genetic education.

            (5) "Genetic test" means an analysis of human DNA, RNA, or chromosomes that detects genotypes, mutations, or chromosomal changes. "Genetic test" does not include routine physical examinations or chemical, blood, or urine analysis, questions regarding family history, or any test performed due to the presence of signs, symptoms, or other manifestations of a disease, illness, impairment, or other disorder.

            (6) "Individual" means an applicant for coverage or a person already covered by an insurer.

            (7) "Insurer" means an authorized insurer as defined by R.S. 22:46 engaged in the business of making life insurance policies, long-term care insurance policies, or annuity contracts including a group insurance plan, or insurance agents and third-party administrators.

            B. An insurer, in determining eligibility for coverage, establishing premiums, limiting coverage, or making any other underwriting decisions, shall not do either of the following:

            (1) Take into consideration the fact that an individual or a family member of the individual participated in genetic research or testing, including any request for or receipt of genetic services or participation by an individual or family member in clinical research or testing that includes genetic services, unless the results of that genetic research or test are included in the individual's medical record or provided by the individual for consideration by the insurer.

            (2) Require or request an individual or a family member of the individual to take a genetic test.

            C. An insurer shall not do any of the following:

            (1) Cancel, limit, refuse to renew, deny coverage, or increase premium rates with respect to an existing policy based on the fact that an individual or a family member of the individual requested or received genetic services.

            (2) Cancel, limit, refuse to renew, deny coverage, or increase premium rates with respect to an existing policy based on the fact that an individual or a family member of the individual participated in genetic research, including clinical research that includes genetic services.

            (3) Purchase genetic information about an individual without the individual's written consent.

            D. Nothing in this Section shall be construed as preventing an insurer from doing any of the following:

            (1) Accessing an individual's medical record as part of the application process.

            (2) Establishing rules for eligibility for an individual to enroll in insurance coverage based on the manifestation of a disease or disorder in that individual.

            (3) Adjusting premium or contribution amounts for an individual based on the manifestation of a disease or disorder in that individual.

            (4) Increasing the premium for an employer based on the manifestation of a disease or disorder in an individual enrolled in a group plan.

            (5) Considering genetic information contained in an applicant's medical record if the information is relevant to a potential medical condition that impacts mortality or morbidity, and consideration of the genetic information is based on sound actuarial principles or reasonably expected experience.

            Acts 2021, No. 242, §1; Acts 2024, No. 224, §1.