State RegulationsMA specificDifficulty 1/5
Under M.G.L. c. 175, § 108H, may an insurer require an applicant for individual accident and health coverage to take a genetic test?
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Answer & full 3-part explanation (select an option above, or peek)
Why B is correct
M.G.L. c. 175, § 108H forbids an insurer from requiring an applicant for individual accident and health coverage to take a genetic test, and §§ 108H and 108I together bar the use of genetic test results or genetic information to deny, limit, or set rates for coverage. Who pays for a test does not change the analysis — the insurer simply cannot demand one as a condition of underwriting. This protection extends Massachusetts' genetic-nondiscrimination framework to the health side, paralleling the life-side protection of the same chapter.
Why the other options are wrong
- A) Insurer payment is irrelevant; the prohibition in M.G.L. c. 175, § 108H is on requiring the test at all.
- C) Family history does not unlock the power to demand a test; M.G.L. c. 175, § 108H bars the requirement without exception for family history.
- D) There is no benefit-level threshold; the prohibition in M.G.L. c. 175, § 108H applies across individual accident and health coverage.
Memory hook
Your genes are not underwriting data: no forced tests, no genetic rate-setting.