                                 CODE OF VIRGINIA

GENETIC INFORMATION AND TESTING (§ 38.2-3450)

A. 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.

B. 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&#8217;s enrollment under the health benefit plan.

C. Genetic information may be obtained under the following circumstances:

   1. A health care professional who is providing health care services to a
   covered person may request that the covered person undergo a genetic test.
   				a. A health carrier may obtain and use the results of a genetic test in
   making a determination regarding payment of a claim.
   				b. A health carrier may request only the minimum amount of information
   necessary to accomplish the intended purpose.

   2. A health carrier may request, but not require, that a covered person
   undergo a genetic test if all of the following conditions are met:
   				a. 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;
   				b. 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. Compliance with the request is voluntary; and

      2. Noncompliance will have no effect on enrollment status or premium or
      contribution amounts;
      					c. No genetic information collected or acquired under this subsection
      shall be used for underwriting purposes;
      					d. 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
      					e. The health carrier complies with such other conditions as the
      Secretary may by regulation require for activities conducted under this
      subsection.

D. Any reference in this section to genetic information concerning a covered
person shall:

   1. With respect to the covered person who is a pregnant woman, include genetic
   information of any fetus carried by the pregnant woman; and

   2. With respect to a covered person utilizing an assisted reproductive
   technology, include genetic information of any embryo legally held by the
   covered person.

E. This section shall apply to any health carrier providing individual or group
health insurance coverage, including any grandfathered plan.

HISTORY: 2013, c. 751.