Bill Text: NY S02398 | 2025-2026 | General Assembly | Introduced

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Bill Title: Requires genetic testing results only be received by patients and health care providers providing direct care while health insurance companies only receive a record that the genetic testing was performed; provides insurers cannot require access to genetic testing results and cannot take adverse action against someone for not providing genetic testing results.

Spectrum: Moderate Partisan Bill (Democrat 4-1)

Status: (Introduced) 2025-01-17 - REFERRED TO CODES [S02398 Detail]

Download: New_York-2025-S02398-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2398

                               2025-2026 Regular Sessions

                    IN SENATE

                                    January 17, 2025
                                       ___________

        Introduced  by Sens. PERSAUD, BORRELLO, CLEARE, SALAZAR, SKOUFIS -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Codes

        AN  ACT  to amend the civil rights law, in relation to requiring genetic
          testing results only be received by patients and health care providers
          providing direct care while health insurance companies only receive  a
          record that the genetic testing was performed for payment purposes

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

     1    Section 1. Subdivision 3 of section 79-l of the civil rights  law,  as
     2  added  by chapter 497 of the laws of 1996, is amended and a new subdivi-
     3  sion 12 is added to read as follows:
     4    3. (a) All records, findings and results of any genetic test performed
     5  on any person shall be deemed confidential and shall  not  be  disclosed
     6  without  the written informed consent of the person to whom such genetic
     7  test relates. This information shall not be released to  any  person  or
     8  organization  not  specifically  authorized by the individual subject of
     9  the test. Unauthorized solicitation or possession  of  such  information
    10  shall  be  unlawful,  except  for  the  unintentional possession of such
    11  information as part of a health record created prior  to  the  effective
    12  date  of this section and provided no action adverse to the interests of
    13  the subject are taken as a result of such possession. [Nothing  in  this
    14  section  shall  preclude  the  release  of  such  information,  with the
    15  subject's consent, to a health insurer or health  maintenance  organiza-
    16  tion  of  any  information  reasonably  required  for purposes of claims
    17  administration, provided, however, that further distribution within  the
    18  insurer  or  to  other  recipients  shall require the subject's informed
    19  consent in each case.]
    20    (b) No person who lawfully possesses information derived from a genet-
    21  ic test on a biological sample from an individual shall incorporate such
    22  information into the records of a non-consenting individual who  may  be

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06473-01-5
        S. 2398                             2

     1  genetically  related  to the tested individual; nor shall any inferences
     2  be drawn, used, or communicated regarding the possible genetic status of
     3  the non-consenting individual.
     4    (c)  No  findings  or results of any genetic test shall be released to
     5  any health insurer  or  health  maintenance  organization  required  for
     6  purposes of claims administration. All health insurers or health mainte-
     7  nance  organizations  shall  accept  records  without  the  test  result
     8  confirming that the genetic test was performed and the records, findings
     9  or results were received by the health care  provider  providing  direct
    10  care for the purposes of claims administration.
    11    12.  (a)  No health insurer or life insurer shall require any records,
    12  findings or results of any genetic test be  provided  to  such  insurer.
    13  The  health  care  provider  and/or  the  policyholder shall provide any
    14  necessary records to the insurance company to confirm such genetic  test
    15  was  completed  and  the records, findings, or results of such test were
    16  received by such provider.
    17    (b) No health insurer or life insurer shall  base  their  policies  on
    18  genetic  test  records,  findings or results or being provided access to
    19  genetic test records, findings or results.
    20    (c) No health insurer  or  life  insurer  shall  take  adverse  action
    21  against  a  policyholder or potential policyholder for not having access
    22  to the records, findings or results of a genetic test.
    23    § 2. This act shall take effect on the ninetieth day  after  it  shall
    24  have  become  a  law  and  shall apply to policies and contracts issued,
    25  renewed, modified, altered, or amended on or after such date.