Bill Text: NY A02083 | 2023-2024 | General Assembly | Amended

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Bill Title: Prohibits insurance companies from discriminating based on genetic predisposition including refusing to issue or renew, charging any increased rate, or restricting any length of coverage; prohibits insurers from requiring genetic testing.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2024-01-03 - referred to insurance [A02083 Detail]

Download: New_York-2023-A02083-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         2083--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 23, 2023
                                       ___________

        Introduced by M. of A. DINOWITZ, GALLAGHER, TAPIA, STIRPE, SIMON, GLICK,
          COLTON,  L. ROSENTHAL, SHIMSKY, ZEBROWSKI -- read once and referred to
          the Committee on Insurance  --  committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN  ACT to amend the insurance law, in relation to prohibiting insurance
          companies from discriminating based on genetic predisposition; and  to
          repeal certain provisions of such law relating thereto

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. This act shall be known and may be cited  as  the  "genetic
     2  testing protection act of New York".
     3    §  2.  Section 2615 of the insurance law is REPEALED and a new section
     4  2615 is added to read as follows:
     5    § 2615. Discrimination because of  genetic  predisposition.    (a)  No
     6  life, accident, health, disability, long term care, or medical indemnity
     7  insurer  shall  condition  insurance  rates, the provision or renewal of
     8  coverage or benefits, or any other coverage term on the agreement of  an
     9  individual  to undergo genetic testing.  Such insurers shall not require
    10  or solicit genetic information, use genetic testing results, or consider
    11  a person's decisions or actions  relating  to  genetic  testing  in  any
    12  manner for any insurance purpose.
    13    (b)  No life, accident, health, disability, long term care, or medical
    14  indemnity insurer shall refuse to issue or  renew  a  policy,  cancel  a
    15  policy,  or  alter  terms  and conditions of coverage based on a genetic
    16  predisposition of the insured individual or of a member of the insured's
    17  family.
    18    (c) Nothing in this section shall be construed as preventing an insur-
    19  er from accessing an individual's medical record, if  otherwise  allowed
    20  by  law. Nothing in this section prohibits an insurer from considering a
    21  medical diagnosis included in an individual's medical record, even if  a
    22  diagnosis was made based on the results of a genetic test.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01423-02-3
        A. 2083--A                          2

     1    (d)  For  purposes  of  this  section, the terms "genetic testing" and
     2  "genetic predisposition" shall have the meanings set  forth  in  section
     3  seventy-nine-l of the civil rights law.
     4    § 3. This act shall take effect immediately.