20:06:39:51Incidental

collection exception. If an issuer offering health insurance coverage in the individual market obtains genetic information incidental to the collection of other information concerning any individual, the collection is not a violation of § 20:06:39:50, as long as the collection is not for underwriting purposes in violation of §§ 20:06:39:48 and 20:06:39:49. The incidental collection exception in this section does not apply to any collection where it is reasonable to anticipate that health information will be received, unless the issuer explicitly provides that genetic information should not be provided to the issuer.

Source: 37 SDR 47, effective September 20, 2010.