Texas Insurance Code

§ 546.051 — CERTAIN TESTING PERMITTED; INDUCEMENT PROHIBITED

IN § 546.051Title 5. PROTECTION OF CONSUMER INTERESTS · Part C. DECEPTIVE, UNFAIR, AND PROHIBITED PRACTICES · Ch. 546. USE OF GENETIC TESTING INFORMATION · Art. B. GENETIC TESTING AND USE OF TEST RESULTS

Statute text

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(a)A health benefit plan issuer that requests an applicant for coverage under the plan to submit to a genetic test in connection with the application for coverage for a purpose not prohibited under Section 546.052 must:

(1)notify the applicant that the test is required;

(2)disclose to the applicant the proposed use of the test results; and

(3)obtain the applicant's written informed consent before the test is administered.

(b)The applicant shall state in the consent form whether the applicant elects to be informed of the test results. If the applicant elects to be informed, the person or entity that performs the test shall disclose the test results to the applicant and the health benefit plan issuer. The issuer shall ensure that:

(1)the applicant receives an interpretation of the test results made by a qualified health care practitioner; and

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Legislative history

Acts 2005, 79th Leg., Ch. 670 (S.B. 53), Sec. 3, eff. September 1, 2005.