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Assembly Bill A8123

2009-2010 Legislative Session

Prohibits any group or blanket health insurance policy to exclude from coverage any group member based on a predisposing genetic characteristic

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Archive: Last Bill Status - In Assembly Committee

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2009-A8123 (ACTIVE) - Details

See Senate Version of this Bill:
S4782
Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Amd §3221, add §4306-c, Ins L
Versions Introduced in 2011-2012 Legislative Session:
A6478

2009-A8123 (ACTIVE) - Summary

Prohibits any group or blanket health insurance policy to exclude from coverage any group member based on a predisposing genetic characteristic; prohibits any hospital service corporation, health service corporation or medical expense indemnity corporation contract to exclude from coverage any group member based on predisposing genetic characteristics; defines relevant terms.

2009-A8123 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8123

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 5, 2009
                               ___________

Introduced by M. of A. KAVANAGH -- read once and referred to the Commit-
  tee on Insurance

AN ACT to amend the insurance law, in relation to genetic discrimination
  in health insurance

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Subsection (1) of section 3221 of  the  insurance  law  is
amended by adding a new paragraph 18 to read as follows:
  (18) (A) DEFINITIONS. AS USED IN THIS PARAGRAPH:
  (I)  "PREDISPOSING  GENETIC  CHARACTERISTIC"  SHALL MEAN ANY INHERITED
GENE OR CHROMOSOME, OR ALTERATION THEREOF, AS DETERMINED  BY  A  GENETIC
TEST  OR  INFERRED FROM INFORMATION DERIVED FROM AN INDIVIDUAL OR FAMILY
MEMBER, THAT IS SCIENTIFICALLY OR MEDICALLY  BELIEVED TO  PREDISPOSE  AN
INDIVIDUAL  OR  THE OFFSPRING OF THAT INDIVIDUAL TO A PHYSICAL OR MENTAL
DISEASE OR DISABILITY, OR TO BE ASSOCIATED WITH A STATISTICALLY  SIGNIF-
ICANT  INCREASED  RISK OF DEVELOPMENT OF A PHYSICAL OR MENTAL DISEASE OR
DISABILITY.
  (II) "GENETIC TEST" SHALL MEAN A TEST FOR DETERMINING THE PRESENCE  OR
ABSENCE OF AN INHERITED GENETIC CHARACTERISTIC IN AN INDIVIDUAL, INCLUD-
ING TESTS OF NUCLEIC ACIDS SUCH AS DNA, RNA AND MITOCHONDRIAL DNA, CHRO-
MOSOMES  OR PROTEINS IN ORDER TO IDENTIFY A PREDISPOSING GENETIC CHARAC-
TERISTIC.
  (B) NO GROUP OR BLANKET POLICY DELIVERED OR  ISSUED  FOR  DELIVERY  IN
THIS  STATE WHICH COVERS FIFTY-ONE OR MORE EMPLOYEES AND PROVIDES HOSPI-
TAL, MEDICAL, MAJOR MEDICAL OR SIMILAR COMPREHENSIVE-TYPE COVERAGE SHALL
EXCLUDE ANY GROUP MEMBER OR ELIGIBLE DEPENDENT OR ESTABLISH ANY RATES OR
TERMS THEREFOR SOLELY ON THE BASIS OF ANY PREDISPOSING  GENETIC  CHARAC-
TERISTIC.
  (C)  NO  ISSUER  OF  HEALTH  INSURANCE  IN THIS STATE SHALL REQUIRE OR
UTILIZE TESTS FOR OR INFORMATION ABOUT  A  GROUP  MEMBER'S  PREDISPOSING
GENETIC CHARACTERISTICS AS A PART OF THE PROCESS OF UNDERWRITING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09747-01-9

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