GINA 206

Results for GINA 206

GINA 206(b)

Limitation on Disclosure : Employers, labor organizations and others may not disclose genetic information: exceptions include written authorization; research; court order; government compliance investigations; imminent public health threats.

GINA 206(a)

Treatment of Information As Part of Confidential Medical Record : If an employer, employment agency, labor organization, or joint labor-management committee possesses genetic information about an employee or member, such information shall be maintained on separate forms and in separate medical files and be treated as a confidential medical record of the employee or member.

Civil Code 56.265

Summary:

A person or entity that underwrites or sells annuity contracts or contracts insuring against loss, harm, damage, illness, disability, or death. . . shall not disclose individually identifiable information concerning the health of, or the medical or genetic history of, a customer, to any [other financial or credit institution.]

Keywords:
business, genetic testing, non-health insurer
Associated Federal Law(s): 
GINA 206(b)

Family Code 7635.5

Summary:

In a paternity/custody hearing, the court shall inform the alleged father of his right to have genetic testing performed to establish paternity.

Keywords:
child, child custody and support, genetic testing, guardianship, judicial
Associated Federal Law(s): 
164.512(e)
GINA 206(b)

Family Code 9202.5

Summary:

The laboratory that is storing a blood sample shall provide access to the blood sample only to (1) a person who has been adopted pursuant to this part, (2) the adoptive parent of a person under the age of 18 years, (3) the birth parents. No person other than the adoptive parent and the adopted child shall have access to the blood sample or any DNA test results related to the blood sample, unless the adoptive parent or the child authorizes another person or entity to have that access.

Keywords:
adoption, child, genetic testing, guardian, laboratory, laboratory tests
Associated Federal Law(s): 
164.502(g)(2)
164.508(a)
GINA 206(b)

Insurance Code 10149 (1994)

Summary:

Insurance underwriting based on genetic testing is subject to the requirements of the Insurance Information Protection Act of 1980, including notice, consent, usage and disclosure limitations.

Keywords:
genetic testing, insurer, non-health insurer
Associated Federal Law(s): 
164.502(a)
GINA 206(b)
GINA 105

Insurance Code 10149.1 (1994)

Summary:

Unauthorized disclosure of results of a test for a genetic characteristic requested by a life or disability insurer is punishable as a misdemeanor, with civil fines, or both, depending on whether the disclosure was willful or negligent.

Keywords:
genetic testing, non-health insurer
Associated Federal Law(s): 
164.508(a)
GINA 105
GINA 206(b)

Insurance Code 742.407(a)-(e) (1996; amended 1999, 2000)

Summary:

This section shall apply to the disclosure of genetic test results contained in an applicant or enrollee's medical records by a multiple employer welfare arrangement.

Keywords:
employer, enrollee, genetic testing, insurer
Associated Federal Law(s): 
GINA 105
GINA 206(a)
GINA 206(b)
164.508(a)

Insurance Code 742.407(f) - (h)

Summary:

Applicant's "written authorization" for disclosure of genetic test results shall be written in plain language, dated and signed by the individual or a person authorized to act on behalf of the individual, specify the types of persons authorized to disclose information about the individual, the nature of the information authorized to be disclosed, states the name or functions of the persons or entities authorized to receive the information, the purposes for which the information is collected, the length of time the authorization shall remain valid, and advise the person signing the authorizatio

Keywords:
employer, enrollee, genetic testing, insurer
Associated Federal Law(s): 
GINA 105
GINA 206(b)
164.508(b)(6)

Welf. & Inst. Code 5328(q) (2005)

Summary:

Notwithstanding the general confidentiality protections of Welf. & Inst. Code 5328, if the patient gives his or her consent, information specifically pertaining to the existence of genetically handicapping conditions may be released to qualified professional persons for purposes of genetic counseling for blood relatives upon request of the blood relative.

Keywords:
developmentally disabled, genetic disease, health care provider, mental health, mental health professional, recipient of social services
Associated Federal Law(s): 
GINA 105
GINA 206(b)
164.502(g)
164.508(a)
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