ARSD 20:06:40:38. Incidental collection exception

If a group health plan, or a health insurance issuer offering health insurance coverage in connection with a group health plan, obtains genetic information incidental to the collection of other information concerning any individual, the collection is not a violation of § 20:06:40:37, as long as the collection is not for underwriting purposes in violation of §§ 20:06:40:35 and 20:06:40:36. The incidental collection exception in this section does not apply with respect to any collection where it is reasonable to anticipate that health information will be received, unless the issuer explicitly states that genetic information should not be provided to the issuer.