Privacy Law Library

Genetic testing in group disability, long-term care, life, and individual disability insurance

Colorado genetic testing (other insurance)

Genetic

Genetic test information is confidential and privileged and may be released for non-treatment purposes only with written consent. Group disability and long-term care insurers may not use it for underwriting, and life and individual disability insurers need specific written informed consent before requiring or performing a genetic test.

Where
Colorado
Citation
C.R.S. 10-3-1104.7
Status
In force
In force since
1994-06-02
Last amended
2009-07-01
Enforced by
Colorado Commissioner of Insurance (Division of Insurance); private suits
People can sue
Yes
Penalties
Unfair insurance practice (10-3-1104.7(11)); injured individuals may sue for remedies under 10-3-1104.7(12).
Applies to
  • Entities providing group disability or long-term care insurance; insurers issuing life or individual disability insurance (limited requirements) (10-3-1104.7(2), (10))

Practices it requires

  • Treat genetic testing information as confidential; release identifying results for non-treatment purposes only with the tested person's specific written consent.C.R.S. 10-3-1104.7(3)(a)
  • Group disability and long-term care insurers may not seek, use, or keep genetic testing information for nontherapeutic or underwriting purposes.C.R.S. 10-3-1104.7(3)(b)
  • Life and individual disability insurers may not require or perform a genetic test without specific written informed consent of the subject.C.R.S. 10-3-1104.7(10)(a)

Sources

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

Unverified: Damages amounts in 10-3-1104.7(12) were not read in full.

Research reference, not legal advice.