You asked if Medicare or Medicare supplement plans could cancel an insured’s coverage if genetic testing reveals he is at high risk for disease.

Medicare and Medicare supplement plans cannot cancel an insured’s coverage if genetic testing indicates he is at high risk for developing a certain disease. State and federal law prohibits such discrimination based on genetic information.

State law prohibits health insurers from (1) refusing to insure or continue to insure; (2) limiting the amount, extent, or kind of coverage available; or (3) charging a different rate for the same coverage because of genetic information. Genetic information indicating a predisposition to a disease or condition is not a pre-existing condition in the absence of a diagnosis of such disease or condition based on other medical information. “Genetic information” means the information about genes, gene products, or inherited characteristics that may derive from an individual or family member. Violations of this law are unfair methods of competition and unfair and deceptive acts or practices in the business of insurance (CGS § 38a-816(19)).

The federal Health Insurance Portability and Accountability Act of 1996 prohibits group health plans from denying eligibility for benefits based on a person’s genetic information.

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