Genetic Test Protections in Health and Disability Insurance
KY Insurance Genetic Testing
Genetic · Health
Bars health plans and insurers from denying, cancelling, refusing to renew, or re-pricing coverage based on a genetic test for an unmanifested condition or on use of genetic services. Health and disability insurers may not ask applicants or members to disclose genetic test results, and health insurers may not disclose a member's genetic test without separate prior authorization for each disclosure.
- Where
- Kentucky
- Citation
- KRS 304.12-085(2)-(5) (amended 1998 Ky. Acts ch. 496, sec. 55)
- Status
- In force
- In force since
- 1998-04-10
- Last amended
- 1998-04-10
- Enforced by
- Kentucky Department of Insurance (Commissioner)
- People can sue
- No
- Penalties
- Enforced under the Insurance Code's unfair trade practice and penalty provisions.
- Applies to
- Group and individual health benefit plans and health insurers
- Insurers offering disability income plans (disclosure-request ban)
Practices it requires
- Do not deny, cancel, refuse to renew, or vary premiums, terms, or conditions of health coverage on the basis of a genetic test for which symptoms have not manifested, or because the person requested or received genetic services.KRS 304.12-085(2)
- Health benefit plans, health insurers, and disability income insurers may not request or require disclosure of any genetic test about an applicant, participant, or beneficiary.KRS 304.12-085(3)
- Health plans and insurers may not disclose a participant's genetic test without the participant's prior authorization, which is required for each disclosure.KRS 304.12-085(4)
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Penalty and private-right-of-action characterizations are inferred from the Insurance Code structure (KRS 304.12 unfair trade practices, KRS 304.99); those provisions were not fetched. | No Kentucky statute restricting employer genetic testing or regulating direct-to-consumer genetic testing companies was found in the chapter indexes checked (KRS chs. 207, 336, 342, 344); a full-text search of the KRS was not performed.
Research reference, not legal advice.