Law note · Kansas

Genetic testing nondiscrimination in health-benefit insurance underwriting

cite K.S.A. 40-2259 stage IMMINENT commencement not set reviewed 2026-08-28

Bars a health-benefit insurer from requiring, requesting, or using an individual's genetic test results to condition coverage, set rates, or adjust premiums. The restriction does not apply to a life, disability-income, or long-term-care insurer, though even those insurers face a narrower after-acquired-use restriction. This is an insurance-underwriting nondiscrimination statute, not a data-processing or retention duty, and it does not define sensitive data as a category.

What it asks of an app

  • Do not require, request, or use a Kansas health-benefit-plan applicant's or enrollee's genetic test results to condition coverage, set rates, or adjust premiums.
  • If you are a life, disability-income, or long-term-care insurer, this coverage and rate restriction does not apply to you directly, but a narrower after-acquired-use restriction still does.

When LexLint raises it

Declared activities: high_risk_decisions

Primary source: official Kansas statute text, Kansas Statutes Annotated, Office of Revisor of Statutes

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