ARSD 20:06:13:90. Request of genetic testing

Except as provided under § 20:06:13:91 an issuer of a Medicare supplement policy or certificate may not request or require an individual or a family member of such individual to undergo a genetic test. This section may not be construed to preclude an issuer of a Medicare supplement policy or certificate from obtaining and using the results of a genetic test in making a determination regarding payment as defined for the purposes of applying the regulations promulgated under Part C of Title XI and section 264 of the Health Insurance Portability and Accountability Act of 1996, and consistent with § 20:06:13:88. An issuer of a Medicare supplement policy or certificate may request only the minimum amount of information necessary to accomplish the intended purpose.