Privacy Law Library

Use of Genetic Testing Information by Health Benefit Plans

Texas Insurance Genetic Privacy

Genetic · Health

Limits how health plan issuers may request and use genetic tests. Issuers may not use genetic information or a refusal to be tested to reject, deny, limit, or price coverage, must keep genetic information confidential, and must destroy samples after use.

Where
Texas
Citation
Tex. Ins. Code ch. 546 (546.001-546.152)
Status
In force
In force since
2005-04-01
Last amended
2005-09-01
Enforced by
Texas Commissioner of Insurance (Texas Department of Insurance)
People can sue
No
Penalties
Cease and desist orders and administrative penalties under Insurance Code ch. 84 (546.151-546.152).
Applies to
  • Issuers of health benefit plans described in 546.002, with exceptions in 546.003

Rights it gives people

  • Tested individuals may obtain their results on written request.Tex. Ins. Code 546.101

Practices it requires

  • Do not use genetic information or refusal to submit to a genetic test to reject, deny, limit, cancel, refuse to renew, raise premiums for, or otherwise adversely affect eligibility or coverage.Tex. Ins. Code 546.052
  • Genetic testing requested in connection with an application is allowed only as the chapter permits; inducements are prohibited.Tex. Ins. Code 546.051
  • Keep genetic information confidential and disclose only with an authorization that meets 546.104 or under listed exceptions.Tex. Ins. Code 546.102-546.104
  • Destroy genetic samples promptly after the testing purpose is accomplished unless an exception applies.Tex. Ins. Code 546.054

Sources

Checked against these sources on 2026-09-24 by research agent (Claude), primary sources.

Research reference, not legal advice.