Genetics-Based Discrimination Prohibited (health insurance, life insurance and annuities)
DE Insurance Genetic Nondiscrimination
Genetic · Health · Financial
Bars insurers from discriminating in issuing, renewing, or pricing insurance based on genetic characteristics or genetic information. A 2024 law adds life insurance and annuity rules: no adverse decisions based solely on genetic test results outside the medical record, no requesting genetic tests, and no obtaining direct-to-consumer genetic testing data without written informed consent under 16 Del. C. § 1202.
- Where
- Delaware
- Citation
- 18 Del. C. §§ 2317, 2317A
- Status
- In force
- Last amended
- 2024-10-09
- Enforced by
- Delaware Insurance Commissioner
- People can sue
- No
- Penalties
- No specific penalty in these sections; enforced under the Insurance Code by the Commissioner.
- Applies to
- Persons issuing, renewing, or rating insurance (2317)
- Persons engaged in the business of life insurance and annuities (2317A)
Practices it requires
- Do not discriminate in issuing, denying, renewing, or setting rates or terms for insurance based on genetic characteristics or genetic information.18 Del. C. § 2317(b)
- Life insurers may not deny, cancel, restrict, or surcharge coverage based solely on genetic test results, except results in the medical record or pertinent family history.18 Del. C. § 2317A(b)-(c)
- Life insurers may not require or request genetic tests or direct-to-consumer genetic testing data or sharing consent, or consider a refusal, and may not obtain direct-to-consumer genetic data without written informed consent.18 Del. C. § 2317A(d)-(e)
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Original enactment of § 2317 (71 Del. Laws c. 457, 1998) was not fetched; effective date of 84 Del. Laws c. 481 assumed to be its approval date; Insurance Code enforcement mechanism not confirmed.
Research reference, not legal advice.