South Carolina H 3257: Genetic protections in insurance policies

Bill Text

2025-2026 Bill 3257 Text of Previous Version (Feb. 05, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3257

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING 
SECTIONS 38-63-120, 38-65-140, 38-71-300, AND 38-72-120 ALL SO AS TO DEFINE 
TERMS AND TO PROHIBIT CERTAIN INSURERS FROM CANCELING, LIMITING, OR DENYING 
COVERAGE, OR ESTABLISHING DIFFERENTIALS IN PREMIUM RATES BASED UPON GENETIC 
INFORMATION; AND BY AMENDING SECTION 38-71-105, RELATING TO DISABILITY INCOME 
INSURANCE, SO AS TO PROVIDE INSURERS THAT ISSUE DISABILITY INCOME INSURANCE 
POLICIES in THIS STATE MAY NOT DECLINE OR LIMIT SUCH COVERAGE OR DISCRIMINATE 
IN THE OFFERING, ISSUANCE, OR CANCELLATION OF SUCH COVERAGE, AMONG OTHER 
THINGS, BASED SOLELY ON GENETIC INFORMATION OF THE PROSPECTIVE INSURED.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 63, Title 38 of the S.C. Code is 
amended by adding:

 Section 
38-63-120. (A) For purposes of this section:

 (1) 
"Genetic information" means information derived from genetic testing to 
determine the presence or absence of variations or mutations, including carrier 
status, in an individual's genetic material or genes that are scientifically or 
medically believed to cause a disease, disorder, or syndrome, or are associated 
with a statistically increased risk of developing a disease, disorder, or 
syndrome, which is asymptomatic at the time of testing. Such testing does not 
include routine physical examinations or chemical, blood, or urine analysis, 
unless conducted purposefully to obtain genetic information, or answer 
questions regarding family history.

 (2) 
"Life insurer" is an insurer providing life insurance, as defined in Section 
38-1-20(35).

 (B) A 
life insurer shall not require an individual to whom the insurer provides life 
insurance coverage, or an individual who applies for life insurance coverage, 
to take a genetic test as a precondition of insurability and shall not require 
the complete genome sequencing of an individual's DNA. These rights may not be 
waived.

 (C) A 
life insurer shall not request, obtain, or use an individual's genetic 
information for underwriting purposes without first obtaining the individual's 
signed, written consent.

 (D) 
Provided that an individual's signed, written consent is obtained, no life 
insurer authorized to transact insurance in this State may cancel, limit, or 
deny coverage based solely on an individual's genetic information.

 (E) 
This section does not apply to the underwriting or issuance of an accident-only 
policy, hospital indemnity or fixed indemnity policy, dental policy, or vision 
policy or any other actions of an insurer directly related to an accident-only 
policy, hospital indemnity or fixed indemnity policy, dental policy, or vision 
policy.

 (F) 
Nothing in this section may be construed as preventing a life insurer from 
accessing an individual's medical record as part of an application exam. 
Nothing in this section prohibits a life insurer from considering a medical 
diagnosis included in an individual's medical record, even if a diagnosis was 
made based on the results of genetic testing.

SECTION 2. Article 1, Chapter 65, Title 38 of the S.C. Code is 
amended by adding:

 Section 
38-65-140. (A) For purposes of this 
section:

 (1) 
"Genetic information" means information derived from genetic testing to 
determine the presence or absence of variations or mutations, including carrier 
status, in an individual's genetic material or genes that are scientifically or 
medically believed to cause a disease, disorder, or syndrome, or are associated 
with a statistically increased risk of developing a disease, disorder, or 
syndrome, which is asymptomatic at the time of testing. Such testing does not 
include routine physical examinations or chemical, blood, or urine analysis, 
unless conducted purposefully to obtain genetic information, or answer 
questions regarding family history.

 (2) 
"Life insurer" is an insurer providing life insurance, as defined in Section 
38-1-20(35).

 (B) A 
life insurer shall not require an individual to whom the insurer provides life 
insurance coverage, or an individual who applies for life insurance coverage, 
to take a genetic test as a precondition of insurability and shall not require 
the complete genome sequencing of an individual's DNA. These rights may not be 
waived.

 (C) A 
life insurer shall not request, obtain, or use an individual's genetic 
information for underwriting purposes without first obtaining the individual's 
signed, written consent.

 (D) 
Provided that an individual's signed, written consent is obtained, no life 
insurer authorized to transact insurance in this State may cancel, limit, or 
deny cove