(1) Notwithstanding ORS § 192.537 (3), a health insurer may retain genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the retention is for treatment, payment or health care operations by the insurer.

(2) Notwithstanding ORS § 192.539 (1), a health insurer may disclose genetic information of an individual without obtaining an authorization from the individual or a personal representative of the individual if the insurer discloses the genetic information in accordance with ORS § 746.607 (3).

(3) As used in this section, ‘retain genetic information’ has the meaning given that term in ORS § 192.531.

(4) As used in this section, ‘health care operations’ does not include underwriting activities.

(5) Nothing in this section shall be construed to interfere with or limit the requirements of ORS § 746.135. [2007 c.800 § 8]