S.D. Admin. R. 20:06:13:88

Current through Register Vol. 50, page 159, June 17, 2024

Section 20:06:13:88 - Definitions applicable to genetic information

The following terms are defined for purposes of §§ 20:06:13:88 to 20:06:13:92, inclusive:

(1) "Family member," with respect to an individual, any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of such individual;

(2) "Genetic information," with respect to any individual, information about such individual's genetic tests, the genetic tests of family members of such individual, and the manifestation of a disease or disorder in family members of such individual. Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual. Any reference to genetic information concerning an individual or family member of an individual who is a pregnant woman includes genetic information of any fetus carried by such pregnant woman, or with respect to an individual or family member utilizing reproductive technology, includes genetic information of any embryo legally held by an individual or family member. The term genetic information does not include information about the sex or age of any individual;

(3) "Genetic services," a genetic test, genetic education, or genetic counseling. Genetic counseling includes obtaining, interpreting, or assessing genetic information;

(4) "Genetic test," an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detect genotypes, mutations, or chromosomal changes. The term, genetic test, does not mean an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes; or an analysis of proteins or metabolites that is directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved;

(5) "Issuer of a Medicare supplement policy or certificate," includes any insurance company, fraternal benefit society, health care service plan, health maintenance organization, third party administrator, or other person acting for or on behalf of such issuer, and any other entity delivering or issuing for delivery in this state Medicare supplement policies or certificates;

(6) "Underwriting purposes:"

(a) Rules for, or determination of, eligibility, including enrollment and continued eligibility, for benefits under the policy;

(b) The computation of premium or contribution amounts under the policy;

(c) The application of any pre-existing condition exclusion under the policy; and

(d) Other activities related to the creation, renewal, or replacement of a contract of health insurance or health benefits.

S.D. Admin. R. 20:06:13:88

35 SDR 183, effective 2/2/2009.

General Authority: SDCL 58-17A-2.

Law Implemented: SDCL 58-17A-2.