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General Laws

Section 108H. For the purposes of this section the following words shall have the following meanings:—

“Genetic information”, a written recorded individually identifiable result of a genetic test as defined in this section or explanation of such a result.

“Genetic test”, a test of human DNA, RNA, mitochondrial DNA, chromosomes or proteins for the purpose of identifying the genes or genetic abnormalities, or the presence or absence of inherited or acquired characteristics in genetic material. For the purpose of this section, the term genetic test shall not include tests given for the exclusive purposes of determining the abuse of drugs or alcohol.

No company, and no officer or agent thereof, and no insurance broker, shall cancel, refuse to issue or renew, or in any way make or permit any distinction or discrimination in the amount of payment of premiums or rates charged, in the length of coverage, or in any other of the terms and conditions of any individual policy of accident or sickness insurance, authorized pursuant to section 108 which provides hospital and surgical expense insurance, or a group blanket policy of accident and sickness insurance authorized pursuant to section 110 which provides hospital and surgical expense insurance, based on genetic information as defined in this section. No company, officer or agent thereof, and, no insurance broker shall require genetic tests or genetic information as defined in this section, as a condition of the issuance or renewal of any such individual or group policy of accident or sickness insurance authorized pursuant to section 108 which provides hospital and surgical expense insurance or a group blanket policy of accident and sickness insurance authorized pursuant to section 110 which provides hospital expense and surgical expense insurance. Any violation of this section shall constitute an unfair method of competition or unfair or deceptive act or practice in violation of chapters 93A and 176D. The commissioner may promulgate rules and regulations pursuant to this section.

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