Other States Slow to Follow Florida’s Lead on Genetic Information Restrictions

With the widespread availability of genetic testing, especially in direct-to-consumer forms, there is a growing concern about the privacy of that information and whether it can be used by insurers to underwrite policies for certain lines of insurance. Federal law provides a base amount of protection through the Genetic Information Nondiscrimination Act (GINA), which prohibits discrimination based on genetic information in both the health insurance and employment context. However, GINA does not apply to life, disability or long-term care insurance. With such limited federal protections, individual states are left to provide greater protections if they wish to.

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About the Author: Nolan Tully

Nolan Tully advocates for insurance and financial services clients facing challenges in various aspects of their businesses. Nolan assists life, long-term care and disability insurers as well as annuity issuers with product development, regulatory compliance, and dispute resolution and litigation. Visit Nolan's bio on the Faegre Drinker website.

About the Author: Laura M. Wall

Laura Wall represents clients in complex civil litigation, class actions and arbitration proceedings in the insurance and financial services industries in federal and state courts. Laura has worked on matters involving the Racketeer Influenced and Corrupt Organizations Act, the Fair Labor Standards Act, and the False Claims Act. Laura also has experience advising insurance company clients with respect to federal and state laws and regulations, such as data breach notification laws and insurance producer licensing requirements. Read Laura's full bio on the Faegre Drinker website.

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