Privacy Law Library

Genetic information in health insurance

Colorado genetic information (health insurance)

Genetic · Health

Genetic information, including family history and genetic test results, is confidential and privileged in Colorado health insurance. Release for purposes other than diagnosis or treatment requires specific written consent, and health insurers may not seek, use, or keep genetic information for underwriting or require genetic tests.

Where

Colorado

Citation

C.R.S. 10-3-1104.6

Status

In force

In force since

2009-07-01

Last amended

2010-08-11

Enforced by

Colorado Commissioner of Insurance (Division of Insurance); private suits

People can sue

Yes

Penalties

Unfair insurance practice subject to 10-3-1106 to 10-3-1113; injured individuals may obtain equitable relief (including retroactive coverage) and the greater of actual damages or $10,000 per violation, plus costs and attorney fees (10-3-1104.6(10)-(12)).

Applies to

• Health insurers, HMOs, nonprofit hospital and health service corporations, and other entities providing health or Medicare supplement coverage under the Commissioner of Insurance's jurisdiction (10-3-1104.6(2)(a))