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State
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License Revoked or Suspended
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Private Right of Action
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Authorizes Regulatory Penalties
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Civil Liability, Criminal Penalties and Administrative Fines
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Alabama
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v
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v
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Alaska
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|
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Up to $2,500 fine
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Arizona
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v
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Up to $1,000 for each violation or up to aggregate of $10,000 for six month period of unintentional violations; up to $5,000 for each violation or up to aggregate of $50,000 for six month period of intentional violations
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Arkansas
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v
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v
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Equitable relief; up to $1,000 fine for each violation or up to aggregate of $10,000 for unintentional violations; up to $5,000 for each violation or up to aggregate of $50,000 for intentional violations; up to $10,000 for each violation for failure to obey a cease and desist order
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California
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|
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v
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Up to $2,500 for the first unintentional violation and not more than $5,000 for each subsequent violation; Not less than $15,000 and not more than $100,000 for each intentional violation
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Colorado
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v
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v
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v
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Equitable relief or the greater of an amount equal to actual damages or $10,000 per violation; prevailing party can recover costs & reasonable attorney's fees Up to $1,000 for each violation or up to aggregate of $10,000 for unintentional violations; up to $10,000 for each intentional violation but not more than an aggregate of $150,000 in a six month period; payment of claims that insurer failed to pay as a result of the violation unless civil action is pending; for failure to obey a cease and desist order, up to $10,000 for each violation of an insurer or up to $500 for each violation of an individual
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Connecticut
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|
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v
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Commissioner can through the Attorney General enjoin and restrain violators from engaging in genetic discrimination
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Delaware
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|
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v
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Commissioner can through the Attorney General enjoin and restrain violators from engaging in genetic discrimination
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Florida
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v
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v
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Commissioner also may suspend enrollment of new subscribers
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Georgia
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v
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Provides an individual with a cause of action against the person whose violation caused harm; an insurer is liable for equitable relief; individual can recover costs & reasonable attorney's fees
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Hawaii
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|
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v
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Idaho
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|
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v
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For Managed Care Organizations, up to $15, 000 fine for each violation
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Illinois
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|
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v
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|
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Indiana
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v
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v
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Commissioner can order insurer to cease and desist genetic discrimination; fine of up to $25,000 for each unintentional violation; up to $50, 000 for an intentional violation; for failure to comply with cease and desist order, violator is subject to fine of up to $25,000 for each violation and/or suspension or revocation of insurance license
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Iowa
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|
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v
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Kansas
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v
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Commissioner may impose a fine of up to $1,000 for each unintentional violation; up to $2,000 for each intentional violation; commissioner can order to cease and desist genetic discrimination; for failure to respond to report to commissioner, fine of up to $500 for each violation, along with an additional penalty of up to $100 for each week thereafter
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Kentucky
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v
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Fine of up to $100 or twice the amount of gain from the commission of the act, whichever is greater
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Louisiana
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v
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Individual can recover between up to $100,000 in actual damages from a person whose disclosure, collection, analysis or storage of genetic information results in insurance discrimination; reasonable attorney's fees also recoverable
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Maine
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v
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v
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Upon action brought by the Attorney General, a fine of up to $500 and not more than $5,000 for each violation in the case of an individual and up to $2,000 and not more than $15,000 for each violation in the case of a corporation or other entity other than an individual; following a hearing, up to $500 for each violation in the case of an individual and a civil penalty of up to $10,000 for each violation in the case of a corporation or other entity other than an individual; in addition to fines, the Superior Court may award equitable relief to an injured individual, who is represented by the Attorney General; superintendent may order regular cease and desist order or emergency cease and desist order; superintendent may send letter of reprimand, order refund of overcharges, and/or order restitution following a hearing
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Maryland
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v
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v
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Commissioner may notify a person of hearing and the charges; hold the hearing; make a report of findings; and through the Attorney General, enjoin or restrain an insurer from engaging in genetic discrimination; the court may order an injunction or restraining order; rather than suspending or revoking an insurer's license, the commissioner may impose a fine of not less than $100 up to $125,000 for each violation and require the holder of the license to make restitution to any person who has suffered financial injury because of the violation
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Massachusetts
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v
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Commissioner may order insurer to cease and desist genetic discrimination; for failure to comply with, fine of up to $10,000 for each violation, which may be recovered in a civil action
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Michigan
|
|
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v
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|
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Minnesota
|
|
|
v
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|
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Mississippi
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No provision
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Missouri
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v
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Director may arrange for a hearing and order an insurer to cease and desist genetic discrimination after hearing; fine of up to $1,000 for each violation but not to exceed an aggregate penalty of $100,.000 in 12 month period; for a flagrant, intentional violation up to $25,000 per violation but not to exceed $250,000 in a 12 month period; for failure to cease and desist genetic discrimination, fine of up to $25,000 per violation but not to exceed $250,000 in a 12 month period
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Montana
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|
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Commissioner may arrange for a hearing and file a report of charges; enjoin and restrain insurer from engaging in genetic discrimination; and issue a cease and desist order; for failure to cease and desist, fine of up to $1,000; each day of violation constitutes separate violation; aggregate fine may not exceed $10,000
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Nebraska
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|
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v
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Class III misdemeanor, maximum of up to three months imprisonment or a fine of up to $500 or both
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Nevada
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v
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|
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Commissioner may file charges for unfair trade practices; may order insurer to cease and desist engaging in genetic discrimination; for failure to comply with order, fine of up to $5,000
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New Hampshire
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|
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v
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Aggrieved individual may bring civil action; court may award special or general damages of not less than $1,000 for each violation, and costs and reasonable legal fees
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New Jersey
|
v
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Commissioner may hold hearing, issue cease and desist order, and impose fine of up to $1,000 per unintentional violation or $5,000 per intentional violation; for failure to comply with cease and desist order, fine of up to $5,000 per violation
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New Mexico
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|
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District Attorney may bring civil action for a violation; court may require compliance and appropriate relief; health insurer may be required to provide health insurance under terms and conditions if violation had not occurred; court may award actual damages, damages of up to $5,000 over economic loss in cases of willful or grossly negligent conduct, reasonable attorney's fees and court costs; each instance is a separate, actionable violation
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New York
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|
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Misdemeanor; superintendent may maintain a civil action in the name of the people of the state to recover a judgment for a money penalty imposed by law fine of up to $5,000 if genetic information is used for underwriting purposes without consent; superintendent may hold hearing and issue cease and desist order; for failure to cease and desist, fine of up to $5,000 per violation; if violation is determined, court may enjoin insurer from engaging in use of genetic information and on motion and affidavits grant a preliminary injunction and interlocutory injunction
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North Carolina
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v
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Following a hearing, commissioner may impose fine of not less than $100 and up to $1,000; upon the request of the commissioner the court may order restitution to the individual harmed
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North Dakota
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v
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If commissioner determines a violation occurred, a fine of up to $1,000 per unintentional violation and an aggregate of up to $10,000 in a six month period; for intentional violation, a fine of up to $5,000 per violation and an aggregate of up to $50,000 in a six month period; commissioner may order insurer to cease and desist genetic discrimination; for failure to cease and desist, fine of up to $10,000 for each day of violation
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Ohio
|
|
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v
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Superintendent may administer oaths, summons or subpoena to investigate violations or initiate criminal proceedings by providing evidence of criminal misconduct
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Oklahoma
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v
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Harmed individual may recover equitable relief, which may include a retroactive order, directing the insurer to provide insurance coverage to the damaged individual under the same terms and conditions had the violation not occurred; punishable as misdemeanor; commissioner may hold a hearing and issue cease and desist order; if commissioners findings are supported by evidence, court can enjoin or restrain insurer from engaging in genetic discrimination; for failure to cease and desist, fine of not less than $100 and up to $1,000 per day of violation
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Oregon
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|
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v
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Authorizes commissioner to examine and investigate violations
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Pennsylvania
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No provision
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Rhode Island
|
|
|
v
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Fine of up to $100 per violation; state may recover fine through civil action
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South Carolina
|
v
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v
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Harmed individual may recover equitable relief, which may include a retroactive order, directing the person to provide health insurance appropriate to the injured individual under the same terms and conditions had the violation not occurred and actual damages; prevailing party may recover reasonable attorney's fees and court costs; fine of up to $5,000 per willful violation
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South Dakota
|
v
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v
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Director may institute proceedings for a potential violation and issue temporary cease and desist order; director may enjoin insurer for failure to comply with cease and desist order; fine of up to $5,000 for insurance producer or $25,000 for insurer, administrator or HMO may take place of licensure penalty
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Tennessee
|
|
|
v
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Texas
|
v
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|
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Commissioner may issue cease and desist order for use of genetic information
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Utah
|
|
v
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Harmed individual may recover equitable relief, actual damages, $100,000 for intentional violation, punitive damages for malicious violation, and reasonable attorney's fees; attorney general may enjoin or restrain use of genetic information and impose fine of up to $25,000 for each intentional violation and require payment of reasonable attorney's fees
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Vermont
|
v
|
|
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Commissioner may examine and investigate potential violations; fine of up to $1,000 for each unintentional violation or $10,000 for each intentional violation
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Virginia
|
v
|
|
|
Commissioner may examine and investigate potential violations
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Washington
|
No provision
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|
West Virginia
|
|
|
|
Misdemeanor punishable by fine of up to $1,000; each day of violation is a separate offense
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Wisconsin
|
|
|
v
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Authorizes commissioner to enforce genetic nondiscrimination statute, including conducting examinations; examination costs to be paid by examinee unless commissioner finds that it is an unreasonable burden
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Wyoming
|
|
|
|
Punishable as misdemeanor with fine of up to $1,000 or by imprisonment for up to six months or both; fine of up to $2,500 for each offense by insurers or an aggregate of $25,000 over three months; for a violation by an agent, fine of up to $500 or an aggregate of $5,000 over three months; state may recover fines through civil action
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Total
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21
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8
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22
|
|