59A-23E-11: Prohibiting discrimination based on health status against individual participants and beneficiaries.

A group health plan and a health insurance issuer offering group or individual health insurance coverage shall not establish rules for eligibility or continued eligibility of any individual to enroll or continue to participate in a health plan, or eligibility or continued eligibility for benefits, based on any of the following factors in relation to the individual or a dependent of the individual:

A. health status;

B. medical condition, including both physical and mental illnesses;

C. claims experience;

D. receipt of health care;

E. medical history;

F. genetic information;

G. evidence of insurability, including conditions arising out of acts of domestic violence;

H. disability;

I. gender;

J. national origin;

K. sexual orientation; or

L. any other health status-related factor that the superintendent specifies in rules of the office of superintendent of insurance.