South Carolina Code 38-93-70. Health insurance issuer may not request, require, or purchase genetic information for underwriting purposes; exception
Current as of: 2023 | Check for updates
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(A)(1) A health insurance issuer may not request, require, or purchase genetic information for underwriting purposes.
(2) An issuer may not request, require, or purchase genetic information with respect to an individual before the individual’s enrollment under the policy or contract of health insurance coverage.
Terms Used In South Carolina Code 38-93-70
- Contract: A legal written agreement that becomes binding when signed.
- coverage: means as defined in Sections 38-71-670(6) and 38-71-840(14). See South Carolina Code 38-93-10
- Genetic information: means , with respect to an individual, the:
(i) individual's genetic tests;
(ii) genetic tests of the individual's family members; and
(iii) manifestation of a disease or disorder in family members of the individual. See South Carolina Code 38-93-10 - Individual: means an insured, individual enrollee, covered dependent, participant, covered person, beneficiary, eligible employee, dependent of an eligible employee, or applicant for coverage. See South Carolina Code 38-93-10
- insurance: includes annuities. See South Carolina Code 38-1-20
- issuer: means an entity that provides health insurance coverage in this State as defined in Sections 38-71-670(7) and 38-71-840(16). See South Carolina Code 38-93-10
- Policy: means a contract of insurance. See South Carolina Code 38-1-20
- Underwriting purposes: means :
(a) rules for, or determination of, eligibility including enrollment and continued eligibility for benefits under the policy or coverage;
(b) the computation of premium or contribution amounts under the policy or coverage;
(c) the application of any preexisting condition exclusion under the policy or coverage; and
(d) other activities related to the creation, renewal, or replacement of a policy or contract of health insurance coverage. See South Carolina Code 38-93-10
(B) If an issuer obtains genetic information incidental to the requesting, requiring, or purchasing of other information concerning an individual, the request, requirement, or purchase may not be considered a violation of subsection (A)(2) if the request, requirement, or purchase is not a violation of subsection (A)(1).