Privacy Law Library

Health insurance genetic information protections

LA Health Insurance Genetic Privacy

Genetic · Health

Bars health insurers from using genetic information, genetic services, or refusal of a genetic test to terminate, limit, or price coverage, and requires written informed consent before obtaining genetic information or a DNA sample. It declares an insured's genetic information the insured's property and forbids retaining it without authorization. Violations carry some of the largest statutory damages of any U.S. genetic privacy law.

Where
Louisiana
Citation
La. R.S. 22:1023
Status
In force
Last amended
2016-08-01
Enforced by
Private civil actions; Louisiana Commissioner of Insurance
People can sue
Yes
Penalties
Negligent unlawful collection, storage, analysis, or disclosure: the greater of actual damages or $50,000 per violation (treble where profit resulted), plus costs and fees. Willful violations or inducing them: the greater of actual damages or $100,000 per violation, plus costs and fees.
Applies to
  • Health insurers (hospital, health, and medical expense policies, service contracts, employee welfare benefit plans, group plans, HMOs) and persons collecting, storing, analyzing, or disclosing insureds' DNA or genetic information
  • Does not apply to ordinary-course life, disability income, long-term care, or critical illness insurance activity

Rights it gives people

  • Individuals may sue for statutory damages of at least $50,000 (negligent) or $100,000 (willful) per violation, plus fees.La. R.S. 22:1023(F)

Practices it requires

  • Do not terminate, restrict, limit, or otherwise condition coverage, or set rates, on the basis of genetic information, a request for or receipt of genetic services, or refusal to take a genetic test or disclose results.La. R.S. 22:1023(B)
  • Do not obtain genetic information from an insured or enrollee, or from their DNA sample, without prior written informed consent that meets statutory content requirements.La. R.S. 22:1023(C)
  • Genetic information is the insured's property; do not retain it without authorization except for listed purposes such as criminal investigations or court orders.La. R.S. 22:1023(E)

Sources

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

Unverified: Effective date of Acts 1997, No. 1418 not confirmed; possibly the 1997 session default (August 15, 1997); the 2016 amendment date assumed August 1, 2016.

Research reference, not legal advice.