Insurer prohibited from requiring or using information concerning genetic testing; exceptions

1. Except as otherwise provided in subsection 2, an insurer who provides health insurance shall not: (a) Require an insured person or any member of the family of the insured person to take a genetic test; (b) Require an insured person to disclose whether the insured person or any member of the family of the insured person has taken a genetic test or any genetic information of the insured person or a member of the family of the insured person; or (c) Determine the rates or any other aspect of the coverage or benefits for health care provided to an insured person based on whether the insured person or any member of the family of the insured person has taken a genetic test. 2. The provisions of this section do not apply to an insurer who issues a policy of health insurance that provides coverage for long-term care or disability income. 3. As used in this section: (a) “Genetic information” means any information that is obtained from a genetic test. (b) “Genetic test” means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that: (1) Are linked to physical or mental disorders or impairments; or (2) Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.