Genetic information in insurance (health insurance genetic nondiscrimination and the Genetic Testing Protection Act)
MD Insurance Genetic Protections
Genetic · Health
Health insurers may not use genetic tests or genetic information to deny, limit, or price coverage, may not require genetic tests to decide coverage, and may not release identifiable genetic information outside the plan and its providers without authorization. The 2025 Genetic Testing Protection Act adds that life and disability insurers may not access genetic data or other sensitive medical information without signed written consent or require genetic testing for eligibility.
- Where
- Maryland
- Citation
- Md. Code, Ins. §§ 27-909, 27-909.1
- Status
- In force
- Last amended
- 2025-10-01
- Enforced by
- Maryland Insurance Commissioner (27-909(f), 27-909.1(d))
- People can sue
- No
- Penalties
- The Commissioner may issue orders and impose penalties under Ins. §§ 4-113, 4-114, 27-501, and 27-505.
- Applies to
- Health insurers, nonprofit health service plans, and HMOs (27-909; excludes life, annuity, long-term care, and disability policies)
- Insurance carriers offering, issuing, or delivering life or disability insurance in Maryland (27-909.1, added by 2025 Md. Laws ch. 394)
Practices it requires
- Health insurers may not use genetic tests, results, genetic information, or requests for genetic services to reject, deny, limit, cancel, refuse to renew, or reprice coverage.Ins. 27-909(c)(1)
- Health insurers may not request or require genetic tests or information to decide whether to issue or renew coverage.Ins. 27-909(c)(2)
- Health insurers may not release identifiable genetic information outside their employees and participating providers without prior written authorization, required for each disclosure.Ins. 27-909(c)(3), (e)
- Life and disability insurers may not access sensitive medical information, including genetic data, without the individual's signed written consent, and may not require genetic testing or genome sequencing as a condition of eligibility or coverage (non-waivable).Ins. 27-909.1(c)(3)-(4) · From 2025-10-01
- Life and disability insurers may not unfairly discriminate on the basis of genetic test results unless actuarially justified.Ins. 27-909.1(c)(1)-(2) · From 2025-10-01
Sources
- Official text
- Md. Code, Ins. § 27-909
- Md. Code, Ins. § 27-909.1
- 2025 Md. Laws ch. 394 (HB 1007, Genetic Testing Protection Act), effective 2025-10-01
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: Original effective date of Ins. 27-909 not verified. | The exact 'unfair discrimination' standard in 27-909.1(c)(1) was read from a truncated line.
Research reference, not legal advice.