C.R.S. Section 10-3-1104.7
Genetic testing

  • legislative declaration
  • definitions
  • limitations on disclosure of information
  • liability

(1)

The general assembly hereby finds and determines that recent advances in genetic science have led to improvements in the diagnosis, treatment, and understanding of a significant number of human diseases. The general assembly further declares that:

(a)

Genetic information is the unique property of the individual to whom the information pertains;

(b)

Any information concerning an individual obtained through the use of genetic techniques may be subject to abuses if disclosed to unauthorized third parties without the willing consent of the individual to whom the information pertains;

(c)

To protect individual privacy and to preserve individual autonomy with regard to the individual’s genetic information, it is appropriate to limit the use and availability of genetic information;

(d)

The intent of this section is to prevent information derived from genetic testing from being used to deny access to group disability insurance or long-term care insurance coverage.

(2)

For the purposes of this section:

(a)

“Entity” means any entity that provides group disability insurance or long-term care insurance coverage and is subject to the jurisdiction of the commissioner of insurance.

(b)

“Genetic testing” means any laboratory test of human DNA, RNA, or chromosomes that is used to identify the presence or absence of alterations in genetic material which are associated with disease or illness. “Genetic testing” includes only such tests as are direct measures of such alterations rather than indirect manifestations thereof.

(3)

Intentionally left blank —Ed.

(a)

Information derived from genetic testing shall be confidential and privileged. Any release, for purposes other than diagnosis, treatment, or therapy, of genetic testing information that identifies the person tested with the test results released requires specific written consent by the person tested.

(b)

Any entity that receives information derived from genetic testing may not seek, use, or keep the information for any nontherapeutic purpose or for any underwriting purpose connected with the provision of group disability insurance or long-term care insurance coverage.

(4)

Notwithstanding the provisions of subsection (3) of this section, in the course of a criminal investigation or a criminal prosecution, and to the extent allowed under the federal or state constitution, any peace officer, district attorney, or assistant attorney general, or a designee thereof, may obtain information derived from genetic testing regarding the identity of any individual who is the subject of the criminal investigation or prosecution for use exclusively in the criminal investigation or prosecution without the consent of the individual being tested.

(5)

Notwithstanding the provisions of subsection (3) of this section, any research facility may use the information derived from genetic testing for scientific research purposes so long as the identity of any individual to whom the information pertains is not disclosed to any third party; except that the individual’s identity may be disclosed to the individual’s physician if the individual consents to such disclosure in writing.

(6)

This section does not limit the authority of a court or any party to a parentage proceeding to use information obtained from genetic testing for purposes of determining parentage pursuant to section 13-25-126, C.R.S.

(7)

This section does not limit the authority of a court or any party to a proceeding that is subject to the limitations of part 5 of article 64 of title 13, C.R.S., to use information obtained from genetic testing for purposes of determining the cause of damage or injury.

(8)

This section does not limit the authority of the state board of parole to require any offender who is involved in a sexual assault to submit to blood tests and to retain the results of such tests on file as authorized under section 17-2-201 (5)(g), C.R.S.

(9)

This section does not limit the authority granted the state department of public health and environment, the state board of health, or local departments of health pursuant to section 25-1-122, C.R.S.

(10)

Notwithstanding any provision of this section to the contrary, the only requirements that shall apply to an insurer in connection with life insurance or individual disability insurance are as follows:

(a)

Except as otherwise specifically authorized or required by another section of state or federal law, an insurer shall not require the performance of or perform a genetic test without first receiving the specific, written, informed consent of the subject of the test who has the capacity to consent or, if the person subject to the test lacks the capacity to consent, of a person authorized by law to consent on behalf of the subject of the test. Written consent shall be in a form prescribed by the commissioner.

(b)

The results of a genetic test performed pursuant to this subsection (10) are privileged and confidential and shall not be released to any person except as specifically authorized under applicable state or federal law.

(11)

Any violation of this section is an “unfair practice”, as defined in section 10-3-1104 (1), and is subject to the provisions of sections 10-3-1106 to 10-3-1113.

(12)

Any individual who is injured by an entity’s violation of this section may recover in a court of competent jurisdiction the following remedies:

(a)

Equitable relief, which may include a retroactive order, directing the entity to provide group disability insurance or long-term care insurance coverage, whichever is appropriate, to the injured individual under the same terms and conditions as would have applied had the violation not occurred; and

(b)

The greater of:

(I)

An amount equal to any actual damages suffered by the individual as a result of the violation; or

(II)

Ten thousand dollars per violation.

(13)

The prevailing party in an action under this section may recover costs and reasonable attorney fees.

Source: Section 10-3-1104.7 — Genetic testing - legislative declaration - definitions - limitations on disclosure of information - liability, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-10.­pdf (accessed Oct. 20, 2023).

10‑3‑101
Formation of insurance companies 10‑3‑102
Purpose of organization or admittance 10‑3‑103
Names of companies 10‑3‑104
Unauthorized companies - penalties 10‑3‑105
Certificate of authority to do business - companies prohibited - definitions 10‑3‑106
Deemed incorporated under corporation law 10‑3‑107
Appointment of registered agent to receive service of process - commissioner required to maintain list - when service of process may be made on commissioner 10‑3‑108
File duly certified copy of charter 10‑3‑109
Reports, statements, assessments, and maintenance of records - publication - penalties for late filing, late payment, or failure to maintain 10‑3‑111
Violations - penalty 10‑3‑112
Directors - terms - election - conflicts of interest - recovery of profits 10‑3‑113
Increase of capital 10‑3‑114
Violations - penalty 10‑3‑117
License automatically extended - when 10‑3‑120
Investments of officers, directors, and principal stockholders 10‑3‑121
Regulation of proxies, consents, or authorizations 10‑3‑122
Duties of foreign companies 10‑3‑123
Assessment accident associations 10‑3‑125
Redomestication of foreign insurers 10‑3‑126
Alien insurers 10‑3‑127
Domicile of nonprofit hospital, medical-surgical, and health services corporations 10‑3‑128
Domestic insurer - requirement to maintain offices in this state 10‑3‑129
Prohibition - display of social security number - insurance companies 10‑3‑130
Certificate of authority application process - tracking compliance with uniform process 10‑3‑131
Acts of producers - responsibility of insurer - definitions 10‑3‑201
Cash capital - guaranty fund - deposit 10‑3‑202
Surplus ascertained - disposition of 10‑3‑203
Additional deposits - withdrawals 10‑3‑204
Payment of dividends 10‑3‑205
Manner of paying surplus 10‑3‑206
Security deposits - certificates 10‑3‑207
Fees paid by insurance companies 10‑3‑208
Financial statements 10‑3‑209
Tax on premiums collected - exemptions - penalties 10‑3‑210
Deposit and safekeeping of securities 10‑3‑211
Deposit only admitted assets 10‑3‑212
Insolvency or impairment of stock insurance company 10‑3‑213
Investments eligible as admitted assets 10‑3‑214
Quantitative investment limitations - manner of applying 10‑3‑215
Evidences of indebtedness 10‑3‑215.5
Investments in medium- and lower-grade obligations 10‑3‑216
Mortgage loans 10‑3‑217
Federally guaranteed or insured real estate loans 10‑3‑218
Real estate for use in company’s business 10‑3‑219
Real estate acquired in satisfaction of indebtedness 10‑3‑220
Real estate for production of income - definition 10‑3‑225
Transportation equipment interests 10‑3‑226
Equity interests - definition 10‑3‑227
Stock for purpose of reinsurance, consolidation, or merger 10‑3‑228
Collateral loans 10‑3‑228.5
Securities lending - repurchase - reverse repurchase - dollar roll transactions 10‑3‑229
Investments for purposes of compliance in other jurisdictions 10‑3‑230
Additional investments 10‑3‑231
Valuation of investments 10‑3‑232
Liens for certain purposes permitted 10‑3‑233
Disposition of certain real estate 10‑3‑234
Approval and record of investments 10‑3‑235
Certain admitted assets deemed securities for deposit purposes 10‑3‑236
Assets acquired through merger, consolidation, or reinsurance 10‑3‑237
Assets acquired under prior law 10‑3‑238
Refunds 10‑3‑239
Subordinated indebtedness 10‑3‑240
Approval of investments 10‑3‑242
Qualified money market funds - definition 10‑3‑243
Derivative transactions - definitions - restrictions - rules 10‑3‑244
Climate risk disclosure - insurer participation - rules - reporting - definition 10‑3‑301
Definitions 10‑3‑302
Deposits required - when 10‑3‑303
Deposits with commissioner 10‑3‑304
Depositaries - responsibility 10‑3‑305
Rights of depositors 10‑3‑306
Release of deposits 10‑3‑307
Commissioner order release 10‑3‑401
Legislative declaration 10‑3‑402
Definitions 10‑3‑403
Scope of part 4 10‑3‑404
Determination of delinquency - procedure 10‑3‑405
Direct supervision 10‑3‑406
Protest of finding of delinquency 10‑3‑407
Costs of direct supervision 10‑3‑411
Penalties for noncompliance 10‑3‑412
Review of action while under direct supervision 10‑3‑413
Appeal from final determination or order of commissioner 10‑3‑414
Nondisclosure of reports and evidence during period of direct supervision or conservatorship 10‑3‑501
Legislative declaration - intents and purposes 10‑3‑502
Definitions 10‑3‑503
Persons covered 10‑3‑504
Jurisdiction - venue 10‑3‑504.5
Application for receivership - penalty 10‑3‑505
Injunctions - orders 10‑3‑506
Cooperation of officers, owners, and employees 10‑3‑507
Continuation of delinquency proceedings 10‑3‑508
Condition on release from delinquency proceedings 10‑3‑509
Court’s seizure order 10‑3‑510
Confidentiality of hearings 10‑3‑511
Grounds for rehabilitation 10‑3‑512
Rehabilitation orders 10‑3‑513
Powers and duties of rehabilitator 10‑3‑514
Actions by and against rehabilitator 10‑3‑514.5
Immunity and indemnification of receiver and employees - applicability 10‑3‑515
Termination of rehabilitation 10‑3‑516
Grounds for liquidation 10‑3‑517
Liquidation orders 10‑3‑518
Continuation of coverage 10‑3‑519
Dissolution of insurer 10‑3‑520
Powers of liquidator 10‑3‑521
Notice to creditors and others 10‑3‑522
Duties of agents 10‑3‑523
Actions by and against liquidator 10‑3‑524
Collection and listing of assets 10‑3‑525
Fraudulent transfers prior to petition 10‑3‑526
Fraudulent transfer after petition 10‑3‑527
Voidable preferences and liens 10‑3‑528
Claims of holders of void or voidable rights 10‑3‑529
Setoffs - effective date - applicability 10‑3‑530
Assessments 10‑3‑531
Reinsurers’ liability 10‑3‑532
Recovery of premiums owed 10‑3‑533
Domiciliary liquidator’s proposal to distribute assets 10‑3‑533.5
Sale of insolvent insurer as a going concern 10‑3‑534
Filing of claims 10‑3‑535
Proof of claim 10‑3‑536
Special claims 10‑3‑537
Special provisions for third-party claims 10‑3‑538
Disputed claims 10‑3‑539
Claims of surety 10‑3‑540
Secured creditors’ claims 10‑3‑540.5
Qualified financial contracts - definitions 10‑3‑541
Priority of distribution - definitions - repeal 10‑3‑542
Liquidator’s recommendations to the court 10‑3‑543
Distribution of assets 10‑3‑544
Unclaimed and withheld funds 10‑3‑545
Termination of proceedings 10‑3‑546
Reopening liquidation 10‑3‑547
Disposition of records during and after termination of liquidation 10‑3‑548
External audit of receiver’s books 10‑3‑549
Conservation of property of foreign or alien insurers found in this state 10‑3‑550
Liquidation of property of foreign or alien insurers found in this state 10‑3‑551
Domiciliary liquidators in other states 10‑3‑552
Ancillary formal proceedings 10‑3‑553
Ancillary summary proceedings 10‑3‑554
Claims of nonresidents against insurers domiciled in this state 10‑3‑555
Claims of residents against insurers domiciled in reciprocal states 10‑3‑556
Attachment, garnishment, and levy of execution 10‑3‑557
Interstate priorities 10‑3‑558
Subordination of claims for noncooperation 10‑3‑559
Severability 10‑3‑601
Short title 10‑3‑602
Exchange of securities 10‑3‑603
Acquiring corporation - definition 10‑3‑604
Procedure for exchange 10‑3‑605
Filing plan of exchange 10‑3‑606
Effect of exchange 10‑3‑607
Authorized insurance business and regulatory authority 10‑3‑608
Domestic company and acquiring corporation separate and distinct entities 10‑3‑609
Examination 10‑3‑610
Application of this part 6 10‑3‑701
Purpose 10‑3‑702
Credit allowed to a domestic ceding insurer - rules - definitions 10‑3‑703
Asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of section 10-3-702 10‑3‑704
Qualified United States financial institutions 10‑3‑705
Rules 10‑3‑706
Reinsurance agreements affected 10‑3‑801
Definitions 10‑3‑802
Subsidiaries of insurers 10‑3‑803
Acquisition of control of or merger with domestic insurer - definitions 10‑3‑803.5
Acquisitions involving insurers not otherwise covered - definitions 10‑3‑804
Registration of insurers 10‑3‑805
Standards and management of an insurer within an insurance holding company system 10‑3‑806
Examination 10‑3‑807
Supervisory colleges 10‑3‑807.5
Group-wide supervision of internationally active insurance groups - information collection - cooperation - rules 10‑3‑808
Confidential treatment 10‑3‑809
Rules 10‑3‑810
Injunctions - prohibitions against voting securities - sequestration of voting securities 10‑3‑811
Criminal proceedings - civil penalties - definition 10‑3‑812
Receivership 10‑3‑813
Revocation, suspension, or nonrenewal of insurer’s license 10‑3‑814
Judicial review - mandamus 10‑3‑815
Recovery of distributions or payments 10‑3‑816
Conflict with other laws 10‑3‑901
Short title 10‑3‑902
Legislative declaration 10‑3‑903
Definition of transacting insurance business 10‑3‑903.5
Jurisdiction over providers of health-care benefits - rules 10‑3‑904
Commissioner may enjoin unauthorized company 10‑3‑904.5
Emergency cease-and-desist orders - issuance - rules - definition 10‑3‑904.6
Emergency cease-and-desist orders - hearings - judicial review - violations 10‑3‑904.7
Failure to pay penalties or restitution 10‑3‑905
Service of process upon unauthorized company 10‑3‑906
Validity of insurance contracts - liability under insurance contract 10‑3‑907
Investigation and disclosure of insurance contracts 10‑3‑908
Reporting of unauthorized insurance 10‑3‑909
Unauthorized insurance premium tax 10‑3‑910
Application of this part 9 10‑3‑1001
Short title 10‑3‑1002
Legislative declaration 10‑3‑1003
Service of process upon unauthorized insurer 10‑3‑1004
Defense of action by unauthorized insurer 10‑3‑1005
Attorney fees 10‑3‑1101
Legislative declaration 10‑3‑1102
Definitions 10‑3‑1103
Unfair methods of competition - unfair or deceptive acts or practices - prohibited 10‑3‑1104
Unfair methods of competition - unfair or deceptive practices 10‑3‑1104.5
HIV testing - legislative declaration - definitions - requirements for testing - limitations on disclosure of test results - penalty 10‑3‑1104.6
Genetic information - limitations on disclosure of information - liability - definitions - legislative declaration 10‑3‑1104.7
Genetic testing - legislative declaration - definitions - limitations on disclosure of information - liability 10‑3‑1104.8
Domestic abuse discrimination - prohibited 10‑3‑1104.9
Insurers’ use of external consumer data and information sources, algorithms, and predictive models - unfair discrimination prohibited - rules - stakeholder process required - investigations - definitions - repeal 10‑3‑1105
Favored agent or insurer - coercion of debtors 10‑3‑1106
Power of commissioner 10‑3‑1107
Hearings 10‑3‑1108
Orders 10‑3‑1109
Penalty for violation of cease-and-desist orders 10‑3‑1110
Rules 10‑3‑1111
Provisions of part 11 additional to existing law 10‑3‑1112
Immunity from prosecution 10‑3‑1113
Information to trier of fact in civil actions 10‑3‑1114
Construction of part 11 10‑3‑1115
Improper denial of claims - prohibited - definitions - severability 10‑3‑1116
Remedies for unreasonable delay or denial of benefits - required contract provision - frivolous actions - severability - definition - rules 10‑3‑1117
Required disclosures - liability - definition 10‑3‑1118
Failure-to-cooperate defense 10‑3‑1119
Policy documents - language consistent with advertisement for product - definitions 10‑3‑1201
Legislative declaration 10‑3‑1202
Definitions 10‑3‑1203
Book-entry system 10‑3‑1301
Short title 10‑3‑1302
Legislative declaration 10‑3‑1303
Definitions 10‑3‑1304
Identification of parts 10‑3‑1305
Disclosure 10‑3‑1306
Unfair and deceptive acts 10‑3‑1307
Liability 10‑3‑1401
Short title 10‑3‑1402
Purpose 10‑3‑1403
Authority of commissioner 10‑3‑1501
Purpose and scope - applicability - legislative declaration 10‑3‑1502
Definitions 10‑3‑1503
Risk management framework 10‑3‑1504
ORSA requirement 10‑3‑1505
ORSA summary report 10‑3‑1506
Exemption 10‑3‑1507
Contents of ORSA summary report 10‑3‑1508
Confidentiality 10‑3‑1509
Sanctions 10‑3‑1510
Rules 10‑3‑1511
Effective date 10‑3‑1601
Purpose and scope - applicability - legislative declaration 10‑3‑1602
Definitions 10‑3‑1603
Disclosure requirement 10‑3‑1604
Contents of corporate governance annual disclosure - rules 10‑3‑1605
Confidentiality 10‑3‑1606
Retention of third-party consultants - information sharing 10‑3‑1607
Sanctions 10‑3‑1608
Rules 10‑3‑1701
Definitions 10‑3‑1702
Plan of division - general requirements 10‑3‑1703
Plan of division - dividing insurer to survive division 10‑3‑1704
Plan of division - dividing insurer to not survive division 10‑3‑1705
Amending plan of division 10‑3‑1706
Abandoning plan of division 10‑3‑1707
Approval of plan of division - articles of incorporation and bylaws 10‑3‑1708
Commissioner approval of plan of division 10‑3‑1709
Confidentiality - records 10‑3‑1710
Certificate of division 10‑3‑1711
After division is effective 10‑3‑1712
Resulting insurers’ liability for allocated assets and debts 10‑3‑1713
Shareholder appraisal rights 10‑3‑1714
Rules 10‑3‑1715
Enforcement by commissioner 10‑3‑1716
Merger or consolidation effective with division
Green check means up to date. Up to date

Current through Fall 2024

§ 10-3-1104.7’s source at colorado​.gov