A plan or an issuer may request, but not require, that a participant or beneficiary undergo a genetic test if all of the following conditions are met:

1. (1) The plan or issuer makes the request pursuant to research, as defined in 45 CFR 46.102(d), that complies with 45 CFR Part 46 or equivalent federal regulations, and any applicable state or local law or regulations for the protection of human subjects in research; and

2. (2) The plan or issuer makes the request in writing, and the request clearly indicates to each participant or beneficiary or, in the case of a minor child, to the legal guardian of the beneficiary that:

   1. (a) Compliance with the request is voluntary; and

   2. (b) Noncompliance will have no effect on eligibility for benefits or premium or contribution amounts.

      The issuer must complete a copy of the Notice of Research Exception form found in Appendix B and submit the form to the federal Secretary of Health and Human Services. No genetic information collected or acquired under this section may be used for underwriting purposes.

Source: 37 SDR 47, effective September 20, 2010.

General Authority: SDCL 58-18-79 , 58-18-87.

Law Implemented: SDCL 58-18-79.