Privacy Law Library

Genetic Nondiscrimination in Insurance Act

OK GNIA

Genetic · Health

Bars health insurers from using genetic information (including family history and requests for genetic services) to deny, condition, or price coverage, and from requesting, requiring, or purchasing genetic information for underwriting or before enrollment. Insurers may not require genetic tests, with a narrow voluntary research exception.

Where
Oklahoma
Citation
36 O.S. § 3614.1
Status
In force
In force since
1998-07-01
Last amended
2010-11-01
Enforced by
Oklahoma Insurance Commissioner
People can sue
No
Penalties
No penalty stated in the section; enforced through the Insurance Commissioner's general authority under Title 36.
Applies to
  • Insurers, HMOs, third-party administrators, self-insurers, and other entities issuing or administering accident and health policies in Oklahoma, including the state and education employees group plan
  • Excludes life, disability income, and long-term care insurance

Practices it requires

  • Do not deny, condition, or impose preexisting-condition exclusions on a health policy, or adjust premiums, based on any individual's genetic information.36 O.S. § 3614.1(C)
  • Do not request or require an individual or family member to undergo a genetic test, except voluntary IRB-compliant research requests meeting notice and HHS notification conditions.36 O.S. § 3614.1(E), (H)
  • Do not request, require, or purchase genetic information for underwriting purposes or before or in connection with enrollment.36 O.S. § 3614.1(I)-(J)
  • When using genetic test results for payment determinations, request only the minimum information necessary.36 O.S. § 3614.1(F)-(G)

Sources

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

Unverified: Enforcement mechanism and penalties are not stated in § 3614.1 and were not traced elsewhere in Title 36.

Research reference, not legal advice.