An issuer of a Medicare supplement policy may request, but not require, that an individual or a family member of such individual undergo a genetic test if each of the following conditions is met:

1. (1) The request is made pursuant to research that complies with Part 46 of Title 45, Code of Federal Regulations, or equivalent federal regulations, and any applicable state or local law or regulations for the protection of human subjects in research;

2. (2) The issuer clearly indicates to each individual, or in the case of a minor child, to the legal guardian of such child, to whom the request is made that:

   1. (a) Compliance with the request is voluntary; and
   2. (b) Non-compliance will have no effect on enrollment status or premium or contribution amounts;
3. (3) The issuer notifies the Secretary of Health and Human Services in writing that the issuer is conducting activities pursuant to the exception provided for under this section, including a description of the activities conducted;

4. (4) The issuer complies with such other conditions as the Secretary of Health and Human Services may by regulation require for activities conducted under this section and the regulation has been adopted through the issuance of a bulletin by the director.

   No genetic information collected or acquired under this section may be used for underwriting, determination of eligibility to enroll or maintain enrollment status, premium rates, or the issuance, renewal, or replacement of a policy or certificate.

Source: 35 SDR 183, effective February 2, 2009.

General Authority: SDCL 58-17A-2.

Law Implemented: SDCL 58-17A-2.