Privacy Law Library

Genetic information privacy in health insurance

VA insurance genetic privacy

Genetic · Health · Financial

Bars health insurers, health plans, and HMOs from using genetic information, or a request for genetic services, to deny, limit, cancel, condition, exclude, rate, or add waiting periods or riders to coverage, and bars agent commission differences based on genetic characteristics.

Where
Virginia
Citation
Va. Code § 38.2-508.4
Status
In force
In force since
1996-07-01
Enforced by
State Corporation Commission, Bureau of Insurance
People can sue
No
Penalties
No section-specific penalty; enforced under the Insurance Code's general unfair-trade-practice powers.
Applies to
  • Insurers issuing hospital, medical, surgical, or major medical accident and sickness coverage, health services plan corporations, and HMOs (excluding disability income insurance) (38.2-508.4(B))

Practices it requires

  • Do not terminate, restrict, cancel, refuse to renew, exclude, impose waiting periods, require exclusionary riders, or vary premiums based on genetic information or a request for genetic services.Va. Code § 38.2-508.4(B)
  • Keep information from genetic screening or testing confidential and do not use it to cancel, refuse, or limit coverage.Va. Code § 38.2-508.4(C)

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective date inferred from Virginia's default July 1 effective date for regular-session acts; enacting bill page not checked. History: 1996, c. 704. Enforcement authority inferred from the Insurance Code structure, not stated in the section.

Research reference, not legal advice.