(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 § 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
(2) a physician or other health care practitioner designated by the applicant receives a copy of the test results.

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Terms Used In Texas Insurance Code 546.051

  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) A health benefit plan issuer may not use the results of a genetic test conducted in accordance with Subsection (a) to induce the purchase of coverage under the plan.