S.D. Admin. R. 20:06:39:47

Current through Register Vol. 51, page 67, December 16, 2024

Section 20:06:39:47 - Research exception

An issuer may request, but not require, that an individual or family member covered under the same policy undergo a genetic test if all of the following conditions are met:

(1) The issuer makes the request pursuant to research, as defined in 45 CFR 46.102(d), that complies with 45 CFR Part 46 or equivalent federal regulations, and any applicable state or local law or regulations for the protection of human subjects in research; and

(2) The issuer makes the request in writing, and the request clearly indicates to each individual or, in the case of a minor child, to the legal guardian of the child that:

(a) Compliance with the request is voluntary; and

(b) Noncompliance will have no effect on eligibility for benefits or premium amounts. The issuer must complete a copy of the Notice of Research Exception form found in Appendix B and submit the form to the federal Secretary of Health and Human Services. No genetic information collected or acquired under this section may be used for underwriting purposes.

S.D. Admin. R. 20:06:39:47

37 SDR 47, effective 9/20/2010.

General Authority: SDCL 58-17-87.

Law Implemented: SDCL 58-17-87.