Okla. Stat. tit. 36, § 36-3614.1

A. This section shall be known and may be cited as the "Genetic

Nondiscrimination in Insurance Act".

B. For purposes of the Genetic Nondiscrimination in Insurance

Act:

1. "Accident and health insurance" means accident and health

insurance as defined in Section 703 of this title, but shall not

include disability income or long-term care insurance;

2. “Family member” means, with respect to an individual, any

other individual who is a first-degree, second-degree, third-degree,

or fourth-degree relative of the individual;

Oklahoma Statutes - Title 36. Insurance Page 784

3. "Genetic information" means, with respect to any

individual, information about the genetic tests of an individual,

the genetic tests of family members of an individual, and the

manifestation of a disease or disorder in family members of the

individual. Genetic information includes, but is not limited to,

with respect to any individual, any request for, or receipt of,

genetic services, or participation in clinical research which

includes genetic services, by an individual or any family member of

the individual. Any reference to genetic information concerning an

individual or family member of an individual who is a pregnant

woman, includes genetic information of any fetus carried by a

pregnant woman, or with respect to an individual or family member

utilizing reproductive technology, includes genetic information of

any embryo legally held by an individual or family member. Genetic

information shall not include information about the sex or age of

any individual;

4. “Genetic services” mean a genetic test, genetic education,

or genetic counseling, including, but not limited to, obtaining,

interpreting, or assessing genetic information;

5. "Genetic test" means an analysis of the human DNA, RNA,

chromosomes, proteins, or metabolites that detect genotypes,

mutations or chromosomal changes. "Genetic test" shall not mean an

analysis of proteins or metabolites that does not detect genotypes,

mutations, or chromosomal changes or an analysis of proteins or

metabolites that is directly related to a manifested disease,

disorder, or pathological condition that could reasonably be

detected by a health care professional with appropriate training and

expertise in the field of medicine involved;

6. "Insurer" means any individual, corporation, association,

partnership, insurance support organization, fraternal benefit

society, insurance producer, third-party administrator, self-

insurer, or any other legal entity engaged in the business of

insurance which is licensed to do business in or incorporated or

domesticated or domiciled in or under the statutes of this state, or

actually engaged in business in this state, regardless of where the

contract of insurance is written or plan is administered or where

the corporation is incorporated, that issues accident and health

policies or plans or that administers any other type of health

insurance policy containing medical provisions including, but not

limited to, any nonprofit hospital service and indemnity and medical

service and indemnity corporation, health maintenance organizations,

preferred provider organizations, prepaid health plans and the State

and Education Employees Group Health Insurance Plan. Insurer shall

not include insurers issuing life, disability income, or long-term

care insurance;

7. "Policy" or "policy form" means any policy, contract, plan

or agreement of accident and health insurance, or subscriber

Oklahoma Statutes - Title 36. Insurance Page 785

certificates of medical care corporations, health care corporations,

hospital service associations, or health care maintenance

organizations, delivered or issued for delivery in this state by any

insurer; any certificate, contract or policy issued by a fraternal

benefit society; any certificate issued pursuant to a group

insurance policy delivered or issued for delivery in this state; and
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certificates of medical care corporations, health care corporations,

hospital service associations, or health care maintenance

organizations, delivered or issued for delivery in this state by any

insurer; any certificate, contract or policy issued by a fraternal

benefit society; any certificate issued pursuant to a group

insurance policy delivered or issued for delivery in this state; and

any evidence of coverage issued by a health maintenance

organization. Policy or policy form shall not include life,

disability income, and long-term care insurance policies; and

8. “Underwriting purposes” means:

a. rules for, or determination of, eligibility, including

but not limited to enrollment and continued

eligibility, for benefits under the policy,

b. the computation of premium or contribution amounts

under the policy,

c. the application of any preexisting condition exclusion

under the policy, and

d. other activities related to the creation, renewal, or

replacement of a contract of health insurance or

health benefits.

C. No insurer offering an individual or group accident and

health insurance policy shall:

1. Deny or condition the issuance or effectiveness of the

policy or certificate, including but not limited to the imposition

of any exclusion of benefits under the policy based on a preexisting

condition, on the basis of the genetic information with respect to

any individual; and

2. Discriminate in the pricing of the policy or certificate,

including but not limited to the adjustment of premium rates, of an

individual on the basis of the genetic information with respect to

any individual.

D. Nothing in subsection C of this section shall be construed

to limit the ability of an insurer, to the extent otherwise

permitted under this title, from:

1. Denying or conditioning the issuance or effectiveness of the

policy or certificate or increasing the premium for a group on the

basis of manifestations of any condition, disease or disorder of an

insured or applicant; or

2. Increasing the premium for any policy or certificate issued

to an individual based on the manifestation of a condition, disease

or disorder of an individual who is covered under the policy. The

manifestation of a disease or disorder in one individual shall not

also be used as genetic information about other group members and to

further increase the premium for the group.

E. An insurer shall not request or require an individual or a

family member of an individual to undergo a genetic test.

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F. Subsection E of this section shall not be construed to

preclude an insurer from obtaining and using the results of a

genetic test in making a determination regarding payment, as defined

for the purposes of applying the regulations promulgated under part

C of Title XI and Section 264 of the Health Insurance Portability

and Accountability Act of 1996, as may be revised from time to time,

and consistent with subsection C of this section.

G. In accordance with subsection F of this section, an insurer

may request only the minimum amount of information necessary to

accomplish the intended purpose.

H. Notwithstanding subsection E of this section, an insurer may

request, but shall not require, that an individual or a family

member of an individual undergo a genetic test if each of the

following conditions is met:

1. The request is made pursuant to research that complies with

part 46 of Title 45, Code of Federal Regulations, or equivalent

Federal regulations, and any applicable state or local law or

regulations for the protection of human subjects in research;

2. The insurer clearly indicates to each individual, or in the

case of a minor child, to the legal guardian of the minor child, to

whom the request is made that:

a. compliance with the request is voluntary, and

b. noncompliance shall have no effect on enrollment

status or premium or contribution amounts;
ble state or local law or

regulations for the protection of human subjects in research;

2. The insurer clearly indicates to each individual, or in the

case of a minor child, to the legal guardian of the minor child, to

whom the request is made that:

a. compliance with the request is voluntary, and

b. noncompliance shall have no effect on enrollment

status or premium or contribution amounts;

3. No genetic information collected or acquired pursuant to the

Genetic Nondiscrimination in Insurance Act shall be used for

underwriting, determination of eligibility to enroll or maintain

enrollment status, premium rates, or the issuance, renewal, or

replacement of a policy or certificate;

4. The insurer notifies the Secretary of Health and Human

Services in writing that the insurer is conducting activities

pursuant to the exception provided for under this subsection,

including but not limited to a description of the activities

conducted; and

5. The insurer complies with other conditions as the Secretary

of Health and Human Services may by regulation require for

activities conducted pursuant to this subsection.

I. An insurer shall not request, require, or purchase genetic

information for underwriting purposes.

J. An insurer shall not request, require, or purchase genetic

information with respect to any individual prior to the enrollment

of the individual under the policy in connection with the

enrollment.

K. If an insurer obtains genetic information incidental to the

requesting, requiring, or purchasing of other information concerning

any individual, the request, requirement, or purchase shall not be

considered a violation of subsection J of this section if the

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request, requirement, or purchase is not in violation of subsection

I of this section.