{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/38.2-508.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/38.2-508.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/38.2-508.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/38.2-508.4.html"}],"law_id":61622,"edition_id":1,"section_id":61622,"structure_id":13684,"section_number":"38.2-508.4","catch_line":"Genetic information privacy","history":"1996, c. 704.","full_text":"A\n\nAs used in this section:\n\t\t\t“Genetic characteristic” means any scientifically or medically identifiable gene or chromosome, or alteration thereof, which is known to be a cause of a disease or disorder, or determined to be associated with a statistically increased risk of development of a disease or disorder, and which is asymptomatic of any disease or disorder.\n\t\t\t“Genetic information” means information about genes, gene products, or inherited characteristics that may derive from an individual or a family member.\n\t\t\t“Genetic test” means a test for determining the presence or absence of genetic characteristics in an individual in order to diagnose a genetic characteristic.B\n\nNo person proposing to issue, re-issue, or renew any policy, contract, or plan of accident and sickness insurance defined in \u00a7 38.2-109, but excluding disability income insurance, issued by any (i) insurer providing hospital, medical and surgical or major medical coverage on an expense incurred basis, (ii) corporation providing a health services plan, or (iii) health maintenance organization providing a health care plan for health care services shall, on the basis of any genetic information obtained concerning an individual or on the individual’s request for genetic services, with respect to such policy, contract, or plan:1\n\nTerminate, restrict, limit, or otherwise apply conditions to coverage of an individual or restrict the sale to an individual;2\n\nCancel or refuse to renew the coverage of an individual;3\n\nExclude an individual from coverage;4\n\nImpose a waiting period prior to commencement of coverage of an individual;5\n\nRequire inclusion of a rider that excludes coverage for certain benefits and services; or6\n\nEstablish differentials in premium rates for coverage.\n\t\t\t\tIn addition, no discrimination shall be made in the fees or commissions of an agent or agency for an enrollment, a subscription, or the renewal of an enrollment or subscription of any person on the basis of a person’s genetic characteristics which may, under some circumstances, be associated with disability in that person or that person’s offspring.C\n\nNotwithstanding any other provisions of law, all information obtained from genetic screening or testing conducted prior to the repeal of this section shall be confidential and shall not be made public nor used in any way, in whole or in part, to cancel, refuse to issue or renew, or limit benefits under any policy, contract or plan subject to the provisions of this section.","order_by":null,"text":{"0":{"id":224976,"text":"As used in this section:\n\t\t\t“Genetic characteristic” means any scientifically or medically identifiable gene or chromosome, or alteration thereof, which is known to be a cause of a disease or disorder, or determined to be associated with a statistically increased risk of development of a disease or disorder, and which is asymptomatic of any disease or disorder.\n\t\t\t“Genetic information” means information about genes, gene products, or inherited characteristics that may derive from an individual or a family member.\n\t\t\t“Genetic test” means a test for determining the presence or absence of genetic characteristics in an individual in order to diagnose a genetic characteristic.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":224977,"text":"No person proposing to issue, re-issue, or renew any policy, contract, or plan of accident and sickness insurance defined in \u00a7 38.2-109, but excluding disability income insurance, issued by any (i) insurer providing hospital, medical and surgical or major medical coverage on an expense incurred basis, (ii) corporation providing a health services plan, or (iii) health maintenance organization providing a health care plan for health care services shall, on the basis of any genetic information obtained concerning an individual or on the individual’s request for genetic services, with respect to such policy, contract, or plan:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":224978,"text":"Terminate, restrict, limit, or otherwise apply conditions to coverage of an individual or restrict the sale to an individual;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":224979,"text":"Cancel or refuse to renew the coverage of an individual;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":224980,"text":"Exclude an individual from coverage;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":224981,"text":"Impose a waiting period prior to commencement of coverage of an individual;","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":224982,"text":"Require inclusion of a rider that excludes coverage for certain benefits and services; or","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":224983,"text":"Establish differentials in premium rates for coverage.\n\t\t\t\tIn addition, no discrimination shall be made in the fees or commissions of an agent or agency for an enrollment, a subscription, or the renewal of an enrollment or subscription of any person on the basis of a person’s genetic characteristics which may, under some circumstances, be associated with disability in that person or that person’s offspring.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5","next_prefix":"C"},"8":{"id":224984,"text":"Notwithstanding any other provisions of law, all information obtained from genetic screening or testing conducted prior to the repeal of this section shall be confidential and shall not be made public nor used in any way, in whole or in part, to cancel, refuse to issue or renew, or limit benefits under any policy, contract or plan subject to the provisions of this section.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B6"}},"ancestry":[{"id":13684,"edition_id":1,"name":"Unfair Trade Practices","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":12698,"metadata":{},"date_created":"2026-06-26 03:45:33","date_modified":"2026-06-26 03:45:33","permalink":{"id":217475,"object_type":"structure","relational_id":13684,"identifier":"5","token":"38.2\/5","url":"\/38.2\/5\/","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":66905,"structure_id":13684,"section_number":"38.2-500","catch_line":"Declaration of purpose","url":"\/38.2-500\/","token":"38.2\/5\/38.2-500","metadata":false},{"id":79956,"structure_id":13684,"section_number":"38.2-501","catch_line":"Definitions","url":"\/38.2-501\/","token":"38.2\/5\/38.2-501","metadata":false},{"id":79437,"structure_id":13684,"section_number":"38.2-502","catch_line":"Misrepresentations and false advertising of insurance policies","url":"\/38.2-502\/","token":"38.2\/5\/38.2-502","metadata":false},{"id":54663,"structure_id":13684,"section_number":"38.2-503","catch_line":"False information and advertising generally","url":"\/38.2-503\/","token":"38.2\/5\/38.2-503","metadata":false},{"id":82451,"structure_id":13684,"section_number":"38.2-504","catch_line":"Defamation","url":"\/38.2-504\/","token":"38.2\/5\/38.2-504","metadata":false},{"id":84128,"structure_id":13684,"section_number":"38.2-505","catch_line":"Boycott, coercion and intimidation","url":"\/38.2-505\/","token":"38.2\/5\/38.2-505","metadata":false},{"id":78214,"structure_id":13684,"section_number":"38.2-506","catch_line":"False statements and entries","url":"\/38.2-506\/","token":"38.2\/5\/38.2-506","metadata":false},{"id":56726,"structure_id":13684,"section_number":"38.2-507","catch_line":"Stock operations and advisory board contracts","url":"\/38.2-507\/","token":"38.2\/5\/38.2-507","metadata":false},{"id":67626,"structure_id":13684,"section_number":"38.2-508","catch_line":"Unfair discrimination","url":"\/38.2-508\/","token":"38.2\/5\/38.2-508","metadata":false},{"id":80488,"structure_id":13684,"section_number":"38.2-508.1","catch_line":"Unfair discrimination; 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policies issued outside of the Commonwealth","url":"\/38.2-515.1\/","token":"38.2\/5\/38.2-515.1","metadata":false},{"id":67332,"structure_id":13684,"section_number":"38.2-516","catch_line":"Prohibited compensation for intra-company replacement","url":"\/38.2-516\/","token":"38.2\/5\/38.2-516","metadata":false},{"id":76418,"structure_id":13684,"section_number":"38.2-517","catch_line":"Unfair settlement practices; replacement and repair; penalty","url":"\/38.2-517\/","token":"38.2\/5\/38.2-517","metadata":false},{"id":74674,"structure_id":13684,"section_number":"38.2-518","catch_line":"Certificates of insurance","url":"\/38.2-518\/","token":"38.2\/5\/38.2-518","metadata":false}],"previous_section":{"id":79096,"structure_id":13684,"section_number":"38.2-508.3","catch_line":"Consideration of Medicaid eligibility prohibited","url":"\/38.2-508.3\/","token":"38.2\/5\/38.2-508.3","metadata":false},"next_section":{"id":77794,"structure_id":13684,"section_number":"38.2-508.5","catch_line":"Re-underwriting individual under existing group or individual accident and sickness insurance policy prohibited; exceptions","url":"\/38.2-508.5\/","token":"38.2\/5\/38.2-508.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/38.2-508.4\/","history_text":"

This law was first created in 1996. The record of its establishment is cataloged in chapter 704<\/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":[{"id":64716,"section_number":"40.1-28.7:1","catch_line":"Genetic testing or genetic characteristics as a condition of employment","order_by":null,"url":"\/40.1-28.7_1\/"}],"refers_to":[{"id":75359,"section_number":"38.2-109","catch_line":"Accident and sickness","order_by":null,"url":"\/38.2-109\/"}],"permalink":{"id":217525,"object_type":"law","relational_id":61622,"identifier":"38.2-508.4","token":"38.2\/5\/38.2-508.4","url":"\/38.2-508.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/38.2-508.4\/","token":"38.2\/5\/38.2-508.4","dublin_core":{"Title":"Genetic information privacy","Type":"Text","Format":"text\/html","Identifier":"\u00a7 38.2-508.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section:\n\t\t\t“Genetic characteristic<\/span>” means any scientifically or medically identifiable gene or chromosome, or alteration thereof, which is known to be a cause of a disease or disorder, or determined to be associated with a statistically increased risk of development of a disease or disorder, and which is asymptomatic of any disease or disorder.\n\t\t\t“Genetic information<\/span>” means information about genes, gene products, or inherited characteristics that may derive from an individual or a family member.\n\t\t\t“Genetic test<\/span>” means a test for determining the presence or absence of genetic characteristics<\/span> in an individual in order<\/span> to diagnose a genetic characteristic<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No person<\/span> proposing to issue<\/span>, re-issue<\/span>, or renew any policy, contract<\/span>, or plan of accident and sickness insurance<\/span> defined in \u00a7 38.2-109<\/a>, but excluding disability income insurance<\/span>, issued by any (i) insurer<\/span> providing hospital, medical and surgical or major medical coverage on an expense incurred basis, (ii) corporation providing a health services plan<\/span>, or (iii) health maintenance organization providing a health care plan for health care services shall, on the basis of any genetic information<\/span> obtained concerning an individual or on the individual’s request for genetic services, with respect to such policy, contract<\/span>, or plan: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Terminate, restrict, limit, or otherwise apply conditions to coverage of an individual or restrict the sale to an individual; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Cancel or refuse to renew the coverage of an individual; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Exclude an individual from coverage; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Impose a waiting period prior to commencement of coverage of an individual; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Require inclusion of a rider that excludes coverage for certain benefits and services; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> Establish differentials in premium rates<\/span><\/span> for coverage.\n\t\t\t\tIn addition, no discrimination shall be made in the fees or commissions<\/span> of an agent or agency for an enrollment, a subscription, or the renewal of an enrollment or subscription of any person<\/span> on the basis of a person<\/span>’s genetic characteristics<\/span> which may, under some circumstances, be associated with disability in that person<\/span> or that person<\/span>’s offspring. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding any other provisions of law<\/span>, all information obtained from genetic screening or testing conducted prior to the repeal of this section shall be confidential and shall not be made public nor used in any way, in whole or in part, to cancel, refuse to issue<\/span> or renew, or limit benefits under any policy, contract<\/span> or plan subject to the provisions of this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nGENETIC INFORMATION PRIVACY (\u00a7 38.2-508.4)\n\nA. As used in this section:\n\t\t\t“Genetic characteristic” means any scientifically or medically\nidentifiable gene or chromosome, or alteration thereof, which is known to be a\ncause of a disease or disorder, or determined to be associated with a\nstatistically increased risk of development of a disease or disorder, and which\nis asymptomatic of any disease or disorder.\n\t\t\t“Genetic information” means information about genes, gene\nproducts, or inherited characteristics that may derive from an individual or a\nfamily member.\n\t\t\t“Genetic test” means a test for determining the presence or\nabsence of genetic characteristics in an individual in order to diagnose a\ngenetic characteristic.\n\nB. No person proposing to issue, re-issue, or renew any policy, contract, or\nplan of accident and sickness insurance defined in \u00a7 38.2-109, but excluding\ndisability income insurance, issued by any (i) insurer providing hospital,\nmedical and surgical or major medical coverage on an expense incurred basis,\n(ii) corporation providing a health services plan, or (iii) health maintenance\norganization providing a health care plan for health care services shall, on the\nbasis of any genetic information obtained concerning an individual or on the\nindividual’s request for genetic services, with respect to such policy,\ncontract, or plan:\n\n 1. Terminate, restrict, limit, or otherwise apply conditions to coverage of an\n individual or restrict the sale to an individual;\n\n 2. Cancel or refuse to renew the coverage of an individual;\n\n 3. Exclude an individual from coverage;\n\n 4. Impose a waiting period prior to commencement of coverage of an individual;\n\n 5. Require inclusion of a rider that excludes coverage for certain benefits\n and services; or\n\n 6. Establish differentials in premium rates for coverage.\n \t\t\t\tIn addition, no discrimination shall be made in the fees or commissions of\n an agent or agency for an enrollment, a subscription, or the renewal of an\n enrollment or subscription of any person on the basis of a person’s\n genetic characteristics which may, under some circumstances, be associated\n with disability in that person or that person’s offspring.\n\nC. Notwithstanding any other provisions of law, all information obtained from\ngenetic screening or testing conducted prior to the repeal of this section shall\nbe confidential and shall not be made public nor used in any way, in whole or in\npart, to cancel, refuse to issue or renew, or limit benefits under any policy,\ncontract or plan subject to the provisions of this section.\n\nHISTORY: 1996, c. 704.","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}}