Insurance, genetic tests may not be used in the sale
or renewal of certain health insurance.
ENTITLED, An Act to
prohibit the use of genetic tests in the offer, sale, or renewal of certain
types of insurance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Terms used in this Act mean:
(1) "Genetic information," information about genes, gene products, and inherited
characteristics that may derive from the individual or a family member. This includes
information regarding carrier status and information derived from laboratory tests that
identify mutations in specific genes or chromosomes, physical medical examinations,
family histories, and direct analysis of genes or chromosomes;
(2) "Genetic test," a test of human DNA, RNA, chromosomes, or genes performed in order
to identify the presence or absence of an inherited variation, alteration, or mutation
which is associated with predisposition to disease, illness, impairment, or other disorder.
Genetic test does not mean a routine physical measurement; a chemical, blood, or urine
analysis; a test for drugs or HIV infection; any test commonly accepted in clinical
practice; or any test performed due to the presence of signs, symptoms, or other
manifestations of a disease, illness, impairment, or other disorder;
(3) "Health carrier," any person who provides health insurance in this state. The term
includes a licensed insurance company, a prepaid hospital or medical service plan, a
health maintenance organization, a multiple employer welfare arrangement, a fraternal
benefit contract, or any person providing a plan of health insurance subject to state
(4) "Health insurance," insurance provided pursuant to chapters 58-17 (except disability
income insurance), 58-17C, 58-18 (except disability income insurance), 58-18B, 58-38,
58-40, and 58-41; and
(5) "Individual," an applicant for coverage or a person already covered by a health carrier.
No health carrier, in determining eligibility for coverage, establishing premiums,
limiting coverage, renewing coverage, or any other underwriting decision, may, in connection with
the offer, sale, or renewal of health insurance:
(1) Require or request an individual or a blood relative of the individual to take a genetic
(2) Take into consideration the fact that a genetic test was refused by an individual or a
blood relative of the individual.
That chapter 58-18 be amended by adding thereto a NEW SECTION to read as
The director may promulgate rules pursuant to chapter 1-26 pertaining to the use of genetic
information, whether the genetic information was derived from a genetic test or from another
source, as it relates to group health benefit plans.