{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-3450.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-3450.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-3450.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-3450.html"}],"law_id":64622,"edition_id":1,"section_id":64622,"structure_id":13819,"section_number":"38.2-3450","catch_line":"Genetic information and testing","history":"2013, c. 751.","full_text":"A\n\nA health carrier offering a health benefit plan providing individual and group health insurance coverage shall not adjust premium or contribution amounts for a covered person under such plan on the basis of genetic information.B\n\nA health carrier shall not request or require a covered person to undergo a genetic test, or require or purchase genetic information for underwriting purposes. A health carrier shall not request, require, or purchase genetic information with respect to any covered person prior to the covered person’s enrollment under the health benefit plan.C\n\nGenetic information may be obtained under the following circumstances:1\n\nA health care professional who is providing health care services to a covered person may request that the covered person undergo a genetic test.\n\t\t\t\ta. A health carrier may obtain and use the results of a genetic test in making a determination regarding payment of a claim.\n\t\t\t\tb. A health carrier may request only the minimum amount of information necessary to accomplish the intended purpose.2\n\nA health carrier may request, but not require, that a covered person undergo a genetic test if all of the following conditions are met:\n\t\t\t\ta. The request is made pursuant to research that complies with Part 46 of Title 45 of the Code of Federal Regulations or equivalent federal regulations and any applicable state or local law or regulation for the protection of human subjects in research;\n\t\t\t\tb. The health carrier clearly indicates to the covered person, or in the case of a minor child, to the legal guardian of the child, to whom the request is made that:1\n\nCompliance with the request is voluntary; and2\n\nNoncompliance will have no effect on enrollment status or premium or contribution amounts;\n\t\t\t\t\tc. No genetic information collected or acquired under this subsection shall be used for underwriting purposes;\n\t\t\t\t\td. The health carrier notifies the federal Secretary of Health and Human Services in writing that the health carrier is conducting activities pursuant to the exception provided in this subsection, including a description of all the activities conducted; and\n\t\t\t\t\te. The health carrier complies with such other conditions as the Secretary may by regulation require for activities conducted under this subsection.D\n\nAny reference in this section to genetic information concerning a covered person shall:1\n\nWith respect to the covered person who is a pregnant woman, include genetic information of any fetus carried by the pregnant woman; and2\n\nWith respect to a covered person utilizing an assisted reproductive technology, include genetic information of any embryo legally held by the covered person.E\n\nThis section shall apply to any health carrier providing individual or group health insurance coverage, including any grandfathered plan.","order_by":null,"text":{"0":{"id":235184,"text":"A health carrier offering a health benefit plan providing individual and group health insurance coverage shall not adjust premium or contribution amounts for a covered person under such plan on the basis of genetic information.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":235185,"text":"A health carrier shall not request or require a covered person to undergo a genetic test, or require or purchase genetic information for underwriting purposes. A health carrier shall not request, require, or purchase genetic information with respect to any covered person prior to the covered person’s enrollment under the health benefit plan.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":235186,"text":"Genetic information may be obtained under the following circumstances:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":235187,"text":"A health care professional who is providing health care services to a covered person may request that the covered person undergo a genetic test.\n\t\t\t\ta. A health carrier may obtain and use the results of a genetic test in making a determination regarding payment of a claim.\n\t\t\t\tb. A health carrier may request only the minimum amount of information necessary to accomplish the intended purpose.","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":235188,"text":"A health carrier may request, but not require, that a covered person undergo a genetic test if all of the following conditions are met:\n\t\t\t\ta. The request is made pursuant to research that complies with Part 46 of Title 45 of the Code of Federal Regulations or equivalent federal regulations and any applicable state or local law or regulation for the protection of human subjects in research;\n\t\t\t\tb. The health carrier clearly indicates to the covered person, or in the case of a minor child, to the legal guardian of the child, to whom the request is made that:","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"C21"},"5":{"id":235189,"text":"Compliance with the request is voluntary; and","type":"section","prefixes":["C","2","1"],"prefix":"1","entire_prefix":"C21","prefix_anchor":"C21","level":3,"prior_prefix":"C2","next_prefix":"C22"},"6":{"id":235190,"text":"Noncompliance will have no effect on enrollment status or premium or contribution amounts;\n\t\t\t\t\tc. No genetic information collected or acquired under this subsection shall be used for underwriting purposes;\n\t\t\t\t\td. The health carrier notifies the federal Secretary of Health and Human Services in writing that the health carrier is conducting activities pursuant to the exception provided in this subsection, including a description of all the activities conducted; and\n\t\t\t\t\te. The health carrier complies with such other conditions as the Secretary may by regulation require for activities conducted under this subsection.","type":"section","prefixes":["C","2","2"],"prefix":"2","entire_prefix":"C22","prefix_anchor":"C22","level":3,"prior_prefix":"C21","next_prefix":"D"},"7":{"id":235191,"text":"Any reference in this section to genetic information concerning a covered person shall:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C22","next_prefix":"D1"},"8":{"id":235192,"text":"With respect to the covered person who is a pregnant woman, include genetic information of any fetus carried by the pregnant woman; and","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"9":{"id":235193,"text":"With respect to a covered person utilizing an assisted reproductive technology, include genetic information of any embryo legally held by the covered person.","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"E"},"10":{"id":235194,"text":"This section shall apply to any health carrier providing individual or group health insurance coverage, including any grandfathered plan.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D2"}},"ancestry":[{"id":13819,"edition_id":1,"name":"Federal Market Reforms","identifier":"6","label":"article","depth":3,"order_by":1,"parent_id":12993,"metadata":{},"date_created":"2026-06-26 03:45:59","date_modified":"2026-06-26 03:45:59","permalink":{"id":215457,"object_type":"structure","relational_id":13819,"identifier":"6","token":"38.2\/34\/6","url":"\/38.2\/34\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12993,"edition_id":1,"name":"Provisions Relating to Accident and Sickness Insurance","identifier":"34","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:44:07","date_modified":"2026-06-26 03:44:07","permalink":{"id":214887,"object_type":"structure","relational_id":12993,"identifier":"34","token":"38.2\/34","url":"\/38.2\/34\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12698,"edition_id":1,"name":"Insurance","identifier":"38.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":210661,"object_type":"structure","relational_id":12698,"identifier":"38.2","token":"38.2","url":"\/38.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57210,"structure_id":13819,"section_number":"38.2-3438","catch_line":"Definitions","url":"\/38.2-3438\/","token":"38.2\/34\/6\/38.2-3438","metadata":false},{"id":55902,"structure_id":13819,"section_number":"38.2-3439","catch_line":"Dependent coverage for individuals to age 26","url":"\/38.2-3439\/","token":"38.2\/34\/6\/38.2-3439","metadata":false},{"id":59514,"structure_id":13819,"section_number":"38.2-3440","catch_line":"Lifetime and annual limits","url":"\/38.2-3440\/","token":"38.2\/34\/6\/38.2-3440","metadata":false},{"id":74720,"structure_id":13819,"section_number":"38.2-3441","catch_line":"Rescissions","url":"\/38.2-3441\/","token":"38.2\/34\/6\/38.2-3441","metadata":false},{"id":81548,"structure_id":13819,"section_number":"38.2-3442","catch_line":"Preventive services","url":"\/38.2-3442\/","token":"38.2\/34\/6\/38.2-3442","metadata":false},{"id":54833,"structure_id":13819,"section_number":"38.2-3443","catch_line":"Choice of a health care professional","url":"\/38.2-3443\/","token":"38.2\/34\/6\/38.2-3443","metadata":false},{"id":68187,"structure_id":13819,"section_number":"38.2-3444","catch_line":"Preexisting condition exclusions","url":"\/38.2-3444\/","token":"38.2\/34\/6\/38.2-3444","metadata":false},{"id":60836,"structure_id":13819,"section_number":"38.2-3445","catch_line":"Patient access to emergency services","url":"\/38.2-3445\/","token":"38.2\/34\/6\/38.2-3445","metadata":false},{"id":57195,"structure_id":13819,"section_number":"38.2-3445.01","catch_line":"Balance billing for certain services; 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reporting requirements","url":"\/38.2-3445.2\/","token":"38.2\/34\/6\/38.2-3445.2","metadata":false},{"id":86937,"structure_id":13819,"section_number":"38.2-3446","catch_line":"Applicability of federal law","url":"\/38.2-3446\/","token":"38.2\/34\/6\/38.2-3446","metadata":false},{"id":66501,"structure_id":13819,"section_number":"38.2-3447","catch_line":"(Effective January 1, 2026) Restrictions relating to premium rates","url":"\/38.2-3447\/","token":"38.2\/34\/6\/38.2-3447","metadata":false},{"id":79799,"structure_id":13819,"section_number":"38.2-3448","catch_line":"Guaranteed availability","url":"\/38.2-3448\/","token":"38.2\/34\/6\/38.2-3448","metadata":false},{"id":78815,"structure_id":13819,"section_number":"38.2-3449","catch_line":"Prohibiting discrimination based on health status","url":"\/38.2-3449\/","token":"38.2\/34\/6\/38.2-3449","metadata":false},{"id":67706,"structure_id":13819,"section_number":"38.2-3449.1","catch_line":"Prohibited discrimination based on gender identity or status as a transgender individual","url":"\/38.2-3449.1\/","token":"38.2\/34\/6\/38.2-3449.1","metadata":false},{"id":64622,"structure_id":13819,"section_number":"38.2-3450","catch_line":"Genetic information and testing","url":"\/38.2-3450\/","token":"38.2\/34\/6\/38.2-3450","metadata":false},{"id":83154,"structure_id":13819,"section_number":"38.2-3451","catch_line":"Essential health benefits","url":"\/38.2-3451\/","token":"38.2\/34\/6\/38.2-3451","metadata":false},{"id":76537,"structure_id":13819,"section_number":"38.2-3452","catch_line":"Waiting periods","url":"\/38.2-3452\/","token":"38.2\/34\/6\/38.2-3452","metadata":false},{"id":86395,"structure_id":13819,"section_number":"38.2-3453","catch_line":"Clinical trials","url":"\/38.2-3453\/","token":"38.2\/34\/6\/38.2-3453","metadata":false},{"id":81951,"structure_id":13819,"section_number":"38.2-3454","catch_line":"Wellness programs","url":"\/38.2-3454\/","token":"38.2\/34\/6\/38.2-3454","metadata":false},{"id":84250,"structure_id":13819,"section_number":"38.2-3454.1","catch_line":"Renewal of health benefit plans; special exception","url":"\/38.2-3454.1\/","token":"38.2\/34\/6\/38.2-3454.1","metadata":false}],"previous_section":{"id":67706,"structure_id":13819,"section_number":"38.2-3449.1","catch_line":"Prohibited discrimination based on gender identity or status as a transgender individual","url":"\/38.2-3449.1\/","token":"38.2\/34\/6\/38.2-3449.1","metadata":false},"next_section":{"id":83154,"structure_id":13819,"section_number":"38.2-3451","catch_line":"Essential health benefits","url":"\/38.2-3451\/","token":"38.2\/34\/6\/38.2-3451","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-3450\/","history_text":"

This law was first created in 2013. The record of its establishment is cataloged in chapter 751<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":false,"refers_to":false,"permalink":{"id":215547,"object_type":"law","relational_id":64622,"identifier":"38.2-3450","token":"38.2\/34\/6\/38.2-3450","url":"\/38.2-3450\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-3450\/","token":"38.2\/34\/6\/38.2-3450","dublin_core":{"Title":"Genetic information and testing","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-3450","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A health carrier offering a health benefit plan providing individual and group health insurance<\/span> coverage shall not adjust premium or contribution amounts for a covered person<\/span> under such plan on the basis of genetic information. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A health carrier shall not request or require a covered person<\/span> to undergo a genetic test, or require or purchase genetic information for underwriting purposes. A health carrier shall not request, require, or purchase genetic information with respect to any covered person<\/span> prior to the covered person<\/span>’s enrollment under the health benefit plan. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Genetic information may be obtained under the following circumstances: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A health care professional who is providing health care services to a covered person<\/span> may request that the covered person<\/span> undergo a genetic test.\n\t\t\t\ta. A health carrier may obtain and use the results of a genetic test in making a determination regarding payment of a claim.\n\t\t\t\tb. A health carrier may request only the minimum amount of information necessary to accomplish the intended purpose. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> A health carrier may request, but not require, that a covered person<\/span> undergo a genetic test if all of the following conditions are met:\n\t\t\t\ta. The request is made pursuant to research that complies with Part 46 of Title 45 of the Code of Federal Regulations or equivalent federal regulations and any applicable state<\/span> or local law<\/span> or regulation for the protection of human subjects in research;\n\t\t\t\tb. The health carrier clearly indicates to the covered person<\/span>, or in the case of a minor<\/span> child, to the legal guardian of the child, to whom the request is made that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Compliance with the request is voluntary; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Noncompliance will have no effect on enrollment status or premium or contribution amounts;\n\t\t\t\t\tc. No genetic information collected or acquired under this subsection shall be used for underwriting purposes;\n\t\t\t\t\td. The health carrier notifies the federal Secretary of Health and Human Services in writing that the health carrier is conducting activities pursuant to the exception provided in this subsection, including a description of all the activities conducted; and\n\t\t\t\t\te. The health carrier complies with such other conditions as the Secretary may by regulation require for activities conducted under this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Any reference in this section to genetic information concerning a covered person<\/span> shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> With respect to the covered person<\/span> who is a pregnant woman, include genetic information of any fetus carried by the pregnant woman; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> With respect to a covered person<\/span> utilizing an assisted reproductive technology, include genetic information of any embryo legally held by the covered person<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> This section shall apply to any health carrier providing individual or group health insurance<\/span> coverage, including any grandfathered plan. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGENETIC INFORMATION AND TESTING (\u00a7 38.2-3450)\n\nA. A health carrier offering a health benefit plan providing individual and\ngroup health insurance coverage shall not adjust premium or contribution amounts\nfor a covered person under such plan on the basis of genetic information.\n\nB. A health carrier shall not request or require a covered person to undergo a\ngenetic test, or require or purchase genetic information for underwriting\npurposes. A health carrier shall not request, require, or purchase genetic\ninformation with respect to any covered person prior to the covered\nperson’s enrollment under the health benefit plan.\n\nC. Genetic information may be obtained under the following circumstances:\n\n 1. A health care professional who is providing health care services to a\n covered person may request that the covered person undergo a genetic test.\n \t\t\t\ta. A health carrier may obtain and use the results of a genetic test in\n making a determination regarding payment of a claim.\n \t\t\t\tb. A health carrier may request only the minimum amount of information\n necessary to accomplish the intended purpose.\n\n 2. A health carrier may request, but not require, that a covered person\n undergo a genetic test if all of the following conditions are met:\n \t\t\t\ta. The request is made pursuant to research that complies with Part 46 of\n Title 45 of the Code of Federal Regulations or equivalent federal regulations\n and any applicable state or local law or regulation for the protection of\n human subjects in research;\n \t\t\t\tb. The health carrier clearly indicates to the covered person, or in the\n case of a minor child, to the legal guardian of the child, to whom the request\n is made that:\n\n 1. Compliance with the request is voluntary; and\n\n 2. Noncompliance will have no effect on enrollment status or premium or\n contribution amounts;\n \t\t\t\t\tc. No genetic information collected or acquired under this subsection\n shall be used for underwriting purposes;\n \t\t\t\t\td. The health carrier notifies the federal Secretary of Health and\n Human Services in writing that the health carrier is conducting activities\n pursuant to the exception provided in this subsection, including a\n description of all the activities conducted; and\n \t\t\t\t\te. The health carrier complies with such other conditions as the\n Secretary may by regulation require for activities conducted under this\n subsection.\n\nD. Any reference in this section to genetic information concerning a covered\nperson shall:\n\n 1. With respect to the covered person who is a pregnant woman, include genetic\n information of any fetus carried by the pregnant woman; and\n\n 2. With respect to a covered person utilizing an assisted reproductive\n technology, include genetic information of any embryo legally held by the\n covered person.\n\nE. This section shall apply to any health carrier providing individual or group\nhealth insurance coverage, including any grandfathered plan.\n\nHISTORY: 2013, c. 751.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}