Genetic Discrimination Act (insurance)
MN Genetic Discrimination Act
Genetic · Health
Bars health plan companies from requiring or asking about genetic tests of applicants or their relatives, or using test results or refusals, in underwriting. Life insurers that require genetic tests must obtain written informed consent, notify the person of results, and pay for the test.
- Where
- Minnesota
- Citation
- Minn. Stat. 72A.139
- Status
- In force
- Enforced by
- Commissioner of Commerce, or Commissioner of Health for health plan companies it regulates (72A.139, subds. 2(a), 8)
- People can sue
- No
- Penalties
- Subject to the investigative and enforcement authority of the relevant commissioner (subd. 8); no specific penalty stated in the section.
- Applies to
- Health plan companies in connection with offering, selling, or renewing health plans (72A.139, subd. 3)
- Life insurance companies and fraternal benefit societies that require genetic tests to determine insurability (subd. 4)
What a privacy notice must say
- Life insurers and fraternal benefit societies requiring a genetic test must obtain written informed consent describing the test, its purpose, uses, limits, and confidentiality, and must notify the individual or designated physician of results.Minn. Stat. 72A.139, subds. 5-6 · Only if: Applies only to life insurers requiring a genetic test for insurability
Practices it requires
- Health plan companies may not require or request genetic tests, ask whether tests were taken or refused or their results, or consider tests or results of an individual or blood relative in underwriting.Minn. Stat. 72A.139, subd. 3
- Life insurers may not require a genetic test unless they pay for it.Minn. Stat. 72A.139, subd. 7
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Effective date of Laws 1995, ch. 251 not verified.
Research reference, not legal advice.