Delaware § 2317A - Genetics-based discrimination prohibited; life insurance and annuities.

§ 2317A. Genetics-based discrimination prohibited; life insurance and annuities.

(a) For purposes of this section:

(1) “Direct-to-consumer genetic testing” means any of the following:

a. A consumer-initiated genetic testing product or service offered directly to a consumer.

b. The collection, use, or analysis of genetic data that is collected or derived from a direct-to-consumer genetic testing product or service and is directly provided by a consumer.

(2) “Life insurance” means contracts for life insurance and annuities under Chapter 29, Chapter 31, or Chapter 32 of this title.

(3) The following terms mean as defined in § 2317 of this title:

a. “Genetic characteristic.”

b. “Genetic information.”

c. “Genetic test.”

(b) Except as provided under subsection (c) of this section, a person engaged in the business of life insurance may not do any of the following based solely on any genetic characteristic or genetic information contained in the result of any genetic test.

(1) Deny, refuse to issue, refuse to renew, refuse to reissue, cancel, or otherwise terminate an insurance policy or restrict coverage.

(2) Add any surcharge or rating factor to a premium of an insurance policy.

(3) Otherwise discriminate in the offering, issuance, cancellation, amount of coverage, price, payment of claims, or any other condition of an insurance policy without additional actuarial justification.

(c) Subsection (b) of this section does not apply to any genetic characteristic, genetic information, or the result of any genetic test that is in an individual’s medical record or pertinent family history.

(d) A person engaged in the business of life insurance may not do any of the following:

(1) a. Require or request that an individual or a member of the individual’s family take a genetic test.

b. Take into consideration the refusal by an individual to take a genetic test.

(2) a. Require or request that an individual provide genetic information received from an entity providing direct-to-consumer genetic testing.

b. Require or request that an individual provide written consent for an entity providing direct-to-consumer genetic testing to share information about the individual.

c. Take into consideration the refusal by an individual to provide genetic information or written consent under paragraph (d)(2)a. or (d)(2)b. of this section.

(e) A person engaged in the business of life insurance cannot attempt to obtain or obtain information from an entity providing direct-to-consumer genetic testing without the written informed consent of the individual as required under § 1202 of Title 16.

84 Del. Laws, c. 481, § 2;