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April 16, 2024 Clear | 45°F
The 193rd General Court of the Commonwealth of Massachusetts

Section 5B: Medical service plans; genetic tests; discrimination based on genetic information

Section 5B. 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 by this section or explanation of such a result.

''Genetic test'', a test of human DNA, RNA, mitochondrial DNA, chromosomes or proteins for the purposes of identifying the genes, or genetic abnormalities, or the presence or absence of inherited or acquired characteristics in genetic material.

No corporation subject to this chapter and no officer or agent thereof, 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 as rates charged, in the length of coverage, or in any other of the terms and conditions of a medical service plan based on genetic information as defined in this section. No corporation subject to the provisions of this chapter and no officer or agent thereof, shall require genetic tests or private genetic information, as defined in this section, as a condition of the issuance or renewal of a medical service plan. 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.