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OAC 365:10

INSURANCE DEPARTMENT

probationary periods.

[Source: Added at 9 Ok Reg 2499, eff 6-26-92]

365:10-5-141. Separability

If any provision of this Part or the application thereof to any person or circumstance is for any reason held to be invalid, the remainder of the Part and the application of such provision to other persons or circumstances shall not be affected thereby.

[Source: Added at 9 Ok Reg 2499, eff 6-26-92]

365:10-5-142. Effective date Medicare Supplement policy forms that were approved prior to the adoption of this Part, shall not be used for issuance of new policies and/or certificates on or after July 1, 1992.

[Source: Added at 9 Ok Reg 2499, eff 6-26-92] 365:10-5-143. Prohibition Against Use of Genetic Information and Requests for Genetic

Testing

(a) (b)

This Section applies to all policies with policy years beginning on or after May 21, 2009. An issuer of a Medicare supplement policy or certificate: (1) Shall not deny or condition the issuance or effectiveness of the policy or certificate (including the imposition of any exclusion of benefits under the policy based on a pre- existing condition) on the basis of the genetic information with respect to such individual;

and (2)

Shall not discriminate in the pricing of the policy or certificate (including the

adjustment of premium rates) of an individual on the basis of the genetic respect to such individual.

information with

(c)

Nothing in Subsection (a) shall be construed to limit the ability of an issuer, to the extent

o t h e r w i s e p e r m i t t e d b y l a w , f r o m Denying or conditioning the issuance or effectiveness of the policy or certificate or (1)

increasing the premium for a group based on the manifestation of a disease or disorder of an insured or applicant; or

    • (2)

      Increasing the premium for any policy issued to an individual based on the manifestation of a disease or disorder of an individual who is covered under the policy (in such case, the manifestation of a disease or disorder in one individual cannot also be used as genetic information about other group members and to further increase the premium for the group).

  • (d)

    An issuer of a Medicare supplement policy or certificate shall not request or require an

individual or a family member of such individual to undergo a genetic test.

(e)

Subsection (c) shall not be construed to preclude an issuer of a Medicare supplement policy

or certificate from obtaining and using the results of a genetic test in making a determination regarding payment (as defined for the purposes of applying the regulations promulgated under part C of title XI and section 264 of the Health Insurance Portability and Accountability Act of 1996, as

may be revised from time to time) and consistent with Subsection (a).

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