Bill Text: NY S05415 | 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: Slight Partisan Bill (Democrat 3-1)

Status: (Introduced) 2024-01-03 - REFERRED TO INSURANCE [S05415 Detail]

Download: New_York-2023-S05415-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5415--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                      March 3, 2023
                                       ___________

        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee on Insurance --  commit-
          tee  discharged, bill amended, ordered reprinted as amended and recom-
          mitted 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 Section 2615 of the insurance law is REPEALED and a  new  section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.
                                                                   LBD01423-03-3
        S. 5415--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.