Health maintenance contracts; genetic tests; discrimination based on genetic information
Section 24. For the purposes of this section the following words shall have the following meanings:—
“Genetic information”, any 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 purpose of identifying the genes, or genetic abnormalities, or the presence or absence of inherited or acquired characteristics in genetic material.
No health maintenance organization 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 premium or rates charged, in the length of coverage or in any of the terms and conditions of a health maintenance contract based on genetic information as defined in this section. No health maintenance organization 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 health maintenance contract. Any violation of this section shall constitute an unfair method of competition or deceptive act or practice in violation of chapters 93A and 176D.