Rhode Island Department of Health Genetics Website

Health Insurance & Legislation

Rhode Island’s Genetics Laws
Through the 2002 Legislative Session

Post Conviction Remedy
DNA Detection of Felony Offenders
Uniform Law on Paternity
Newborn Screening Program
Human Cloning
Health Insurance
Genetic Testing as a Condition of Employment

Title 10 – Chapter 9.1 – Post Conviction Remedy:
This chapter describes post conviction remedy and was amended in 2002 to include the following statutes which provide for DNA testing as a remedy for post conviction relief. They set out guidelines for the preservation of biological evidence post conviction, and allow any person convicted of a crime and who is currently serving a term of imprisonment to petition the superior court requesting the forensic DNA testing of such evidence. It requires mandatory DNA testing in cases where a reasonable probability exists that the individual would not have been prosecuted or convicted if exculpatory results had been obtained through DNA testing. Further, it allows the superior court to order DNA testing if a reasonable probability exists that the required testing will produce results which would have altered the verdict or reduced the individual’s sentence, had such results been available prior to the proceedings leading to the conviction
10-9.1-10 Definitions.
10-9.1-11 Mandatory Preservation.
10-9.1-12 Testing: Mandatory and
Discretionary.

return to top

Title 12 – Chapter 1.5 – DNA Detection of Felony Offenders:
Establishes a state DNA databank and DNA database containing DNA samples and DNA records of Individuals convicted of a crime of violence as defined in 11-47-2, and missing persons. This statute was created in 1998 and originally required obtaining DNA samples from individuals convicted of certain sexual and violent offenses, and missing persons. It was amended in 2001 and now requires testing of any individual convicted of a crime of violence as defined in 11-47-2 and missing persons.
12-1.5-1 Policy. (Describes the purpose of
this law, and was amended in 2001
to include any crime of violence as
described in 11-47-2.
12-1.5-2 Definitions.
12-1.5-3 Powers and duties of the
department of health.
12-1.5-4 State DNA database.
12-1.5-5 State DNA databank.
12-1.5-6 Procedural compatibility with FBI.
12-1.5-7 Scope and applicability. (Amended
in 2001 to include any crime of
violence for offenses committed
after July 1, 2001.)
12-1.5-8 DNA sample required upon
conviction.
12-1.5-9 Procedures for withdrawal, collection
and transmission of DNA samples.
12-1.5-10 Procedures for conduct, disposition
and use of DNA analysis.
12-1.5-11 DNA database exchange.
12-1.5-12 Authority to cancel access to or
exchange of DNA analysis.
12-1.5-13 Expungement.
12-1.5-14 Prohibition and disclosure.
12-1.5-15 Criminal penalties - Civil Remedies.
12-1.5-16 Confidentiality of records.
12-1.5-17 Convicted persons - Refusal to give
DNA sample.
12-1.5-18 Interpretation and severability.

return to top

Title 15 – Chapter 8 – Uniform Law on Paternity:
15-8-11 – Parentage Tests:
Allows courts to use DNA testing to establish paternal identity. This statute was created in 1984, and originally provided for genetic testing as well as blood or tissue typing tests as a method for determining paternity. It was amended in 1996 to include DNA testing specifically.

return to top

Title 23 – Chapter 13 – Section 14 – Newborn Screening Program:
Requires that physicians screen newborn children for metabolic, endocrine, and hemoglobinopathy disorders, and that the department of health make rules and regulations pertaining to metabolic disease screening, diagnostic, and treatment services. The department of health is authorized to establish by rule and regulation a reasonable fee structure for the newborn screening and disease control program. In addition, this statute states that its provisions shall not apply if the parents of the newborn object to such tests on the grounds that the tests conflict with religious tenets and practices. This statute was enacted in 1987 in addition to 23-13-15, which created a newborn sickle-cell disease testing program. The original statute created a newborn metabolic disease testing program that would be paid for by the hospital or facility in which the birth took place. An amendment was enacted in 1988, and this statute now states that the program is a covered benefit, reimbursable by all health insurers. It was amended in 1995 to include endocrine and hemoglobinopathy disorders, and was renamed the newborn metabolic disease control program. This statute was amended again in 2001 to provide for screening tests specifically, and renamed as the newborn screening program. The 2001 amendment also repealed 23-13-15, eliminating the sickle-cell disease screening program, as screening for this disorder is included in the newborn screening program.

return to top

Title 23 – Chapter 16.4 – Human Cloning:
This section creates a ban on human cloning. It was enacted in 1998, and originally prohibited human cloning until July 7, 2003. Section 23-16.4-4 was amended in 2002 to extend the prohibition until 2010.
23-16.4-1 Declares the intent and purpose of
the law.
23-16.4-2 Defines and prohibits human
cloning.
23-16.4-3 Describes penalties.
23-16.4-4 Sunset clause. States that the
prohibition on human cloning shall
expire on July 7, 2010.

return to top

Title 27 – Insurance:
Genetic Testing: The following statutes relate to health insurance, and were created in 1998 to prohibit the use of genetic testing by accident and sickness insurance policies, nonprofit hospital service corporations, nonprofit medical service corporations, and health maintenance organizations. These providers are prohibited from releasing genetic information without prior written authorization of the individual and from requesting or requiring the results of a genetic test to deny, limit, cancel, refuse to renew, increase the rates of, or affect the conditions of a group or individual’s health policy, contract, or plan. They are also prohibited from requesting a genetic test for the purpose of deciding whether to renew health benefits coverage, to set reimbursement /co-pay levels, or determine covered benefits and services. Finally, they are also prohibited from requesting information as to whether or not an individual has ever had a genetic test.
Genetic Information: In 2001 these sections were amended to extend all of the restrictions regarding genetic testing to include genetic information in general.

Chapter 18: Accident and Sickness Insurance Policies
27-18-52 Genetic Testing.
27-18-52.1 Genetic Information.
27-18-3.3 Penalties for violations of 27-18.

Chapter 19: Nonprofit Hospital Service Corporations
27-19-44 Genetic Testing.
27-19-44.1 Genetic Information.
27-19-39 Allows medical providers to bring civil action against violators for chapter 27-19.

Chapter 20: Nonprofit Medical Service Corporations
27-20-39 Genetic Testing.
27-20-39.1 Genetic Information
27-20-34 Allows medical providers to bring civil action against violators of chapter 27-20.

Chapter 41: Health Maintenance Organizations
27-41-53 Genetic Testing.
27-41-53.1 Genetic Information.
27-41-17 Provides for suspension or revocation of license for an HMO that has violated chapter 27-41.
27-41-21 Describes administrative penalties for violations of chapter 27-41.
27-41-48 Allows medical providers to bring civil action against violators of chapter 27-41.

return to top

HIPPA: In 2000, the following two chapters were created in order to insure compliance of all policies, contracts, certificates, and agreements of individual health insurance coverage offered or delivered in Rhode Island with the Health Insurance Portability and Accountability Act of 1996, HIPPA.

Chapter 18.5 - Individual Health Insurance Coverage
27-18.5-2 States that genetic information shall not be treated as a preexisting condition in the absence of a diagnosis of the condition related to that information.

Chapter 18.6 - Large Group Health Insurance Coverage
27-18.6-3 Limitation on preexisting condition exclusion: States that genetic information shall not be treated as a preexisting condition in the absence of a diagnosis of the condition related to that information.

return to top

Chapter 50 – Small Employer Health Insurance Availability Act
This chapter was originally passed in 1992 to enhance the availability of health insurance coverage to small employers regardless of health status or claims experience. It was amended in 2000, and now states that genetic information shall not be treated as a preexisting condition in the absence of a diagnosis of the condition related to the information. It effectively prohibits insurers from denying coverage or affecting the terms of any policy offered to small employers based on genetic information.
27-50-3 Definitions: States that genetic information shall not be treated as a preexisting condition in the absence of a diagnosis of the condition related to the information.

Oversight: The Dept. of Business Regulation is responsible for enforcing Title 27 and has the power to impose penalties for violations.

return to top

Title 42 - Chapter 14 - Department of Business Regulation
42-14-16 Insurance - Administrative penalties: This statute grants general administrative powers to the Director of the Dept. of Business Regulation for enforcement of Title 27.
27-29-6 Cease and desist and modifications thereof: Grants the insurance commissioner administrative powers against insurers engaging in unfair competition and practices.

return to top

Title 28 – Chapter 6.7 – Genetic Testing as a Condition of Employment:
This statute was created in 1992 to protect employees from discrimination based on genetic testing. It was amended in 2002 to prohibit employers from discriminating on the basis of genetic information, from forcing employees to reveal whether they have ever had a genetic test before, and the results of any test that the individual may have previously taken. The 2002 amendment also prohibits employers from releasing genetic information, and provides a more comprehensive definition of genetic testing.
28-6.7-1 States that no employer, employment agency, or licensing agency may request, require, or administer a genetic test to any employee, licensee, or applicant for employment or licensure. They are also prohibited from affecting the terms of employment or licensure or denying employment or licensure to any person who obtains a genetic test, who refuses to submit to a genetic test, refuses to submit a family health history, or refuses to reveal whether or not they have ever had a genetic test and what the results may have been. In addition, itprohibits the use of genetic information to adversely affect the terms of employment, licensure, or
application for employment or licensure; and prohibits the release of genetic information about employees, licensees, or applicants.Finally, it prohibits anyone fromselling the results of a genetic test to an employer, employment agency,or licensing agency. 28-6.7-2 Defines Genetic Testing. (This section was repealed in 2002.) 28-6.7-2.1 Definitions. (This section was addedin 2002, and provides a more comprehensive definition of genetic testing as well as additional definitions.) 28-6.7-3 Describes penalties. 28-6.7-4 Describes Severability. 28-6.7-5 Prohibits Waiver. (This section was added in 2002, and declares any contract that purports to waive the provisions of this chapter as null andvoid.)

For more information on Rhode Island’s Genetics laws, visit the General Assembly website. http://www.rilin.state.ri.us/

return to top