State RegulationsMA specificDifficulty 3/5
An applicant for an individual health policy has both a documented genetic test result showing a hereditary condition and a current, treatable thyroid condition. Under M.G.L. c. 175, §§ 108H–108I, how may the insurer treat this information?
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Answer & full 3-part explanation (select an option above, or peek)
Why A is correct
M.G.L. c. 175, §§ 108H and 108I draw the line between genetic information and current health status. An insurer retains its ordinary right to underwrite on present medical conditions — here, the treatable thyroid condition — but it may not require a genetic test and may not use the genetic test result or other genetic information to deny, limit, or price the coverage. The thyroid condition and the genetic result are treated differently even though both concern the same applicant's health.
Why the other options are wrong
- B) Denying on the genetic test result violates M.G.L. c. 175, §§ 108H and 108I; only the current thyroid condition may lawfully drive the underwriting decision.
- C) Applicant authorization does not legitimize genetic underwriting; the statute bars the use of genetic test results regardless of consent.
- D) Rate increases keyed to genetic test results are as prohibited as outright denial under M.G.L. c. 175, §§ 108H and 108I.
Memory hook
Underwrite the present, never the genome — today's condition counts, the genetic result does not.