{"data":{"id":"us-ok/okla.-stat.-tit.-36-36-3614.1","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 36, § 36-3614.1","heading":"Genetic nondiscrimination in insurance","body":"A. This section shall be known and may be cited as the \"Genetic\n\nNondiscrimination in Insurance Act\".\n\nB. For purposes of the Genetic Nondiscrimination in Insurance\n\nAct:\n\n1. \"Accident and health insurance\" means accident and health\n\ninsurance as defined in Section 703 of this title, but shall not\n\ninclude disability income or long-term care insurance;\n\n2. “Family member” means, with respect to an individual, any\n\nother individual who is a first-degree, second-degree, third-degree,\n\nor fourth-degree relative of the individual;\n\n3. \"Genetic information\" means, with respect to any\n\nindividual, information about the genetic tests of an individual,\n\nthe genetic tests of family members of an individual, and the\n\nmanifestation of a disease or disorder in family members of the\n\nindividual. Genetic information includes, but is not limited to,\n\nwith respect to any individual, any request for, or receipt of,\n\ngenetic services, or participation in clinical research which\n\nincludes genetic services, by an individual or any family member of\n\nthe individual. Any reference to genetic information concerning an\n\nindividual or family member of an individual who is a pregnant\n\nwoman, includes genetic information of any fetus carried by a\n\npregnant woman, or with respect to an individual or family member\n\nutilizing reproductive technology, includes genetic information of\n\nany embryo legally held by an individual or family member. Genetic\n\ninformation shall not include information about the sex or age of\n\nany individual;\n\n4. “Genetic services” mean a genetic test, genetic education,\n\nor genetic counseling, including, but not limited to, obtaining,\n\ninterpreting, or assessing genetic information;\n\n5. \"Genetic test\" means an analysis of the human DNA, RNA,\n\nchromosomes, proteins, or metabolites that detect genotypes,\n\nmutations or chromosomal changes. \"Genetic test\" shall not mean an\n\nanalysis of proteins or metabolites that does not detect genotypes,\n\nmutations, or chromosomal changes or an analysis of proteins or\n\nmetabolites that is directly related to a manifested disease,\n\ndisorder, or pathological condition that could reasonably be\n\ndetected by a health care professional with appropriate training and\n\nexpertise in the field of medicine involved;\n\n6. \"Insurer\" means any individual, corporation, association,\n\npartnership, insurance support organization, fraternal benefit\n\nsociety, insurance producer, third-party administrator, self-\n\ninsurer, or any other legal entity engaged in the business of\n\ninsurance which is licensed to do business in or incorporated or\n\ndomesticated or domiciled in or under the statutes of this state, or\n\nactually engaged in business in this state, regardless of where the\n\ncontract of insurance is written or plan is administered or where\n\nthe corporation is incorporated, that issues accident and health\n\npolicies or plans or that administers any other type of health\n\ninsurance policy containing medical provisions including, but not\n\nlimited to, any nonprofit hospital service and indemnity and medical\n\nservice and indemnity corporation, health maintenance organizations,\n\npreferred provider organizations, prepaid health plans and the State\n\nand Education Employees Group Health Insurance Plan. Insurer shall\n\nnot include insurers issuing life, disability income, or long-term\n\ncare insurance;\n\n7. \"Policy\" or \"policy form\" means any policy, contract, plan\n\nor agreement of accident and health insurance, or subscriber\n\ncertificates of medical care corporations, health care corporations,\n\nhospital service associations, or health care maintenance\n\norganizations, delivered or issued for delivery in this state by any\n\ninsurer; any certificate, contract or policy issued by a fraternal\n\nbenefit society; any certificate issued pursuant to a group\n\ninsurance policy delivered or issued for delivery in this state; and\n85\n\ncertificates of medical care corporations, health care corporations,\n\nhospital service associations, or health care maintenance\n\norganizations, delivered or issued for delivery in this state by any\n\ninsurer; any certificate, contract or policy issued by a fraternal\n\nbenefit society; any certificate issued pursuant to a group\n\ninsurance policy delivered or issued for delivery in this state; and\n\nany evidence of coverage issued by a health maintenance\n\norganization. Policy or policy form shall not include life,\n\ndisability income, and long-term care insurance policies; and\n\n8. “Underwriting purposes” means:\n\na. rules for, or determination of, eligibility, including\n\nbut not limited to enrollment and continued\n\neligibility, for benefits under the policy,\n\nb. the computation of premium or contribution amounts\n\nunder the policy,\n\nc. the application of any preexisting condition exclusion\n\nunder the policy, and\n\nd. other activities related to the creation, renewal, or\n\nreplacement of a contract of health insurance or\n\nhealth benefits.\n\nC. No insurer offering an individual or group accident and\n\nhealth insurance policy shall:\n\n1. Deny or condition the issuance or effectiveness of the\n\npolicy or certificate, including but not limited to the imposition\n\nof any exclusion of benefits under the policy based on a preexisting\n\ncondition, on the basis of the genetic information with respect to\n\nany individual; and\n\n2. Discriminate in the pricing of the policy or certificate,\n\nincluding but not limited to the adjustment of premium rates, of an\n\nindividual on the basis of the genetic information with respect to\n\nany individual.\n\nD. Nothing in subsection C of this section shall be construed\n\nto limit the ability of an insurer, to the extent otherwise\n\npermitted under this title, from:\n\n1. Denying or conditioning the issuance or effectiveness of the\n\npolicy or certificate or increasing the premium for a group on the\n\nbasis of manifestations of any condition, disease or disorder of an\n\ninsured or applicant; or\n\n2. Increasing the premium for any policy or certificate issued\n\nto an individual based on the manifestation of a condition, disease\n\nor disorder of an individual who is covered under the policy. The\n\nmanifestation of a disease or disorder in one individual shall not\n\nalso be used as genetic information about other group members and to\n\nfurther increase the premium for the group.\n\nE. An insurer shall not request or require an individual or a\n\nfamily member of an individual to undergo a genetic test.\n\nF. Subsection E of this section shall not be construed to\n\npreclude an insurer from obtaining and using the results of a\n\ngenetic test in making a determination regarding payment, as defined\n\nfor the purposes of applying the regulations promulgated under part\n\nC of Title XI and Section 264 of the Health Insurance Portability\n\nand Accountability Act of 1996, as may be revised from time to time,\n\nand consistent with subsection C of this section.\n\nG. In accordance with subsection F of this section, an insurer\n\nmay request only the minimum amount of information necessary to\n\naccomplish the intended purpose.\n\nH. Notwithstanding subsection E of this section, an insurer may\n\nrequest, but shall not require, that an individual or a family\n\nmember of an individual undergo a genetic test if each of the\n\nfollowing conditions is met:\n\n1. The request is made pursuant to research that complies with\n\npart 46 of Title 45, Code of Federal Regulations, or equivalent\n\nFederal regulations, and any applicable state or local law or\n\nregulations for the protection of human subjects in research;\n\n2. The insurer clearly indicates to each individual, or in the\n\ncase of a minor child, to the legal guardian of the minor child, to\n\nwhom the request is made that:\n\na. compliance with the request is voluntary, and\n\nb. noncompliance shall have no effect on enrollment\n\nstatus or premium or contribution amounts;\nble state or local law or\n\nregulations for the protection of human subjects in research;\n\n2. The insurer clearly indicates to each individual, or in the\n\ncase of a minor child, to the legal guardian of the minor child, to\n\nwhom the request is made that:\n\na. compliance with the request is voluntary, and\n\nb. noncompliance shall have no effect on enrollment\n\nstatus or premium or contribution amounts;\n\n3. No genetic information collected or acquired pursuant to the\n\nGenetic Nondiscrimination in Insurance Act shall be used for\n\nunderwriting, determination of eligibility to enroll or maintain\n\nenrollment status, premium rates, or the issuance, renewal, or\n\nreplacement of a policy or certificate;\n\n4. The insurer notifies the Secretary of Health and Human\n\nServices in writing that the insurer is conducting activities\n\npursuant to the exception provided for under this subsection,\n\nincluding but not limited to a description of the activities\n\nconducted; and\n\n5. The insurer complies with other conditions as the Secretary\n\nof Health and Human Services may by regulation require for\n\nactivities conducted pursuant to this subsection.\n\nI. An insurer shall not request, require, or purchase genetic\n\ninformation for underwriting purposes.\n\nJ. An insurer shall not request, require, or purchase genetic\n\ninformation with respect to any individual prior to the enrollment\n\nof the individual under the policy in connection with the\n\nenrollment.\n\nK. If an insurer obtains genetic information incidental to the\n\nrequesting, requiring, or purchasing of other information concerning\n\nany individual, the request, requirement, or purchase shall not be\n\nconsidered a violation of subsection J of this section if the\n\nrequest, requirement, or purchase is not in violation of subsection\n\nI of this section.","path":["OK Code","Title 36"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os36.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"e40f82997a2587aa1a18585209a353e080c4b556f795d2c31b9bf612a77e8356","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-36-36-3614","next":"us-ok/okla.-stat.-tit.-36-36-3614.2"},"notice":"GroundRules: Original legal text. Not legal advice."}