The New York State Senate

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

                                  10229

                          I N  A S S E M B L Y

                             March 26, 2018
                               ___________

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

AN  ACT to amend the insurance law, in relation to prohibiting insurance
  companies from discriminating based on genetic testing results

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

  Section  1.  The insurance law is amended by adding a new section 2616
to read as follows:
  § 2616. DISCRIMINATION BASED ON GENETIC TESTING. (A) FOR  PURPOSES  OF
THIS SECTION:
  (1)  "GENETIC INFORMATION" MEANS A WRITTEN RECORDED INDIVIDUALLY IDEN-
TIFIABLE RESULT OF A GENETIC TEST AS DEFINED BY THIS SECTION OR EXPLANA-
TION OF SUCH A RESULT. FOR THE PURPOSE OF THIS SECTION, THE TERM GENETIC
INFORMATION SHALL NOT INCLUDE INFORMATION PERTAINING  TO  THE  ABUSE  OF
DRUGS  OR  ALCOHOL  WHICH  IS DERIVED FROM TESTS GIVEN FOR THE EXCLUSIVE
PURPOSE OF DETERMINING THE ABUSE OF DRUGS OR ALCOHOL.
  (2) "GENETIC TEST" MEANS A TEST OF HUMAN DNA, RNA, MITOCHONDRIAL  DNA,
CHROMOSOMES  OR PROTEINS FOR THE PURPOSE OF IDENTIFYING GENES, INHERITED
OR ACQUIRED GENETIC ABNORMALITIES, OR THE PRESENCE OF ABSENCE OF  INHER-
ITED  OR ACQUIRED CHARACTERISTICS IN GENETIC MATERIAL, WHICH ARE ASSOCI-
ATED WITH A PREDISPOSITION TO  DISEASE,  ILLNESS,  IMPAIRMENT  OR  OTHER
DISEASE  PROCESSES.  FOR  THE  PURPOSE OF THIS SECTION, THE TERM GENETIC
TEST SHALL NOT INCLUDE TESTS GIVEN FOR DRUGS, ALCOHOL,  CHOLESTEROL,  OR
HIV;  ANY  TEST  FOR  THE PURPOSE OF DIAGNOSING OR DETECTING AN EXISTING
DISEASE PROCESS; ANY TEST PERFORMED DUE TO  THE  PRESENCE  OF  SYMPTOMS,
SIGNS OR OTHER MANIFESTATION OF A DISEASE, ILLNESS, IMPAIRMENT; OR OTHER
DISEASE  PROCESS  OR  ANY  TEST,  THAT IS TAKEN AS A BIOPSY, AUTOPSY, OR
CLINICAL SPECIMEN SOLELY FOR THE  PURPOSE  OF  CONDUCTING  AN  IMMEDIATE
CLINICAL OR DIAGNOSTIC TEST THAT IS NOT A TEST OF DNA, RNA, MITOCHONDRI-
AL DNA, CHROMOSOMES OR PROTEINS.
  (B)  NO  INSURER DOING BUSINESS IN THIS STATE, AND NO OFFICER OR AGENT
OF SUCH INSURER AND NO LICENSED INSURANCE BROKER,  AND  NO  EMPLOYEE  OR
OTHER REPRESENTATIVE OF SUCH INSURER, AGENT OR BROKER SHALL:

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

                                                           LBD15246-02-8

A. 10229                            2

  (1)  PRACTICE  UNFAIR  DISCRIMINATION  AGAINST  PERSONS BECAUSE OF THE
RESULTS OF A GENETIC TEST OR THE PROVISION OF  GENETIC  INFORMATION,  AS
DEFINED  IN THIS SECTION. FOR PURPOSES OF THIS SECTION, UNFAIR DISCRIMI-
NATION MEANS CANCELLATION, REFUSING TO  ISSUE  OR  RENEW,  CHARGING  ANY
INCREASED  RATE,  RESTRICTING ANY LENGTH OF COVERAGE OR IN ANY WAY PRAC-
TICING DISCRIMINATION AGAINST PERSONS UNLESS SUCH ACTION IS TAKEN PURSU-
ANT TO RELIABLE INFORMATION  RELATING  TO  THE  INSURED'S  MORTALITY  OR
MORBIDITY,  BASED  ON SOUND ACTUARIAL PRINCIPLES OR ACTUAL OR REASONABLY
ANTICIPATED CLAIM EXPERIENCE;
  (2) REQUIRE AN APPLICANT TO UNDERGO A GENETIC TEST AS A  CONDITION  OF
THE  ISSUANCE  OR  RENEWAL  OF  A  POLICY ON THE LIVES OF PERSONS IN THE
STATE.  ANY VIOLATION OF THIS SECTION SHALL CONSTITUTE AN UNFAIR  METHOD
OF  COMPETITION OR UNFAIR OR DECEPTIVE ACT OR PRACTICE UNDER SECTION TWO
THOUSAND FOUR HUNDRED THREE OF THIS CHAPTER;
  (3) REQUIRE AN APPLICANT TO ANSWER ANY  QUESTIONS  CONCERNING  GENETIC
TESTING.  ANY APPLICATION REQUESTING THIS INFORMATION MUST CONTAIN OR BE
ACCOMPANIED BY LANGUAGE INFORMING THE APPLICANT THAT  THE  APPLICANT  IS
NOT  REQUIRED TO ANSWER ANY QUESTIONS IN CONNECTION WITH GENETIC TESTING
OR INFORMATION AS DEFINED IN THIS SECTION  AND  LANGUAGE  INFORMING  THE
APPLICANT  THAT  THE FAILURE TO DO SO MAY RESULT IN AN INCREASED RATE OR
DENIAL OF COVERAGE. IF THE APPLICANT CHOOSES TO SUBMIT GENETIC  INFORMA-
TION, THE INSURER IS AUTHORIZED TO USE THAT INFORMATION TO SET THE TERMS
OF  A  POLICY  PROVIDED  THAT  SUCH  INFORMATION IS RELIABLE INFORMATION
RELATING TO THE INSURED'S MORTALITY OR MORBIDITY, BASED ON SOUND ACTUAR-
IAL PRINCIPLES, OR ACTUAL OR REASONABLY ANTICIPATED EXPERIENCE.
  (C) IF THE SUPERINTENDENT HAS  REASON  TO  BELIEVE  THAT  SUCH  UNFAIR
DISCRIMINATION  DESCRIBED  IN  THIS  SECTION  HAS  OCCURRED,  AND THAT A
PROCEEDING BY THE SUPERINTENDENT WOULD BE IN THE INTEREST OF THE PUBLIC,
THE SUPERINTENDENT SHALL CONDUCT A HEARING PURSUANT TO SECTION TWO THOU-
SAND FOUR HUNDRED FIVE OF THIS CHAPTER. UPON A  DETERMINATION  THAT  THE
PRACTICE  OR  ACT  OF  THE INSURER IS IN CONFLICT WITH THE PROVISIONS OF
THIS SECTION, THE SUPERINTENDENT SHALL  ISSUE  AN  ORDER  REQUIRING  THE
INSURERS  TO  CEASE  AND DESIST FROM ENGAGING IN THE PRACTICE OR ACT AND
MAY ORDER PAYMENT OF A PENALTY PURSUANT TO  SECTION  TWO  THOUSAND  FOUR
HUNDRED FOUR OF THIS CHAPTER.
  (D)  UPON  DETERMINATION THAT THE PRACTICE OR ACT OF THE INSURER IS IN
CONFLICT WITH THE PROVISIONS OF THIS  SECTION,  THE  SUPERINTENDENT,  IN
CONSULTATION  WITH THE DEPARTMENT OF HEALTH, SHALL HOLD A PUBLIC HEARING
AND MAY, BY ORDER, DETERMINE, BASED ON  SOUND  ACTUARIAL  PRINCIPLES  OR
ACTUAL OR REASONABLY ANTICIPATED CLAIM EXPERIENCE, THAT THE GENETIC TEST
WHICH  IS THE SUBJECT OF THE CEASE AND DESIST ORDER PROVIDES NO RELIABLE
INFORMATION RELATING TO THE INSURED'S MORTALITY OR  MORBIDITY  AND  THAT
ITS  USE  WOULD CONSTITUTE UNFAIR DISCRIMINATION. AT LEAST ANNUALLY, THE
SUPERINTENDENT SHALL REVIEW ANY SUCH  ORDER  TO  ASSURE  THAT  ANY  SUCH
DETERMINATION  REMAINS  CURRENT  AND SHALL AMEND OR RESCIND THE ORDER TO
REFLECT ANY CHANGE IN THE DETERMINATION. THE SUPERINTENDENT, IN  CONSUL-
TATION  WITH  THE DEPARTMENT OF HEALTH, MAY ISSUE AN ADVISORY OPINION ON
WHETHER A GENETIC TEST PROVIDES NO RELIABLE INFORMATION RELATING TO  THE
INSURED'S MORTALITY OR MORBIDITY, BASED ON SOUND ACTUARIAL PRINCIPLES OR
ACTUAL OR REASONABLY ANTICIPATED CLAIM EXPERIENCE.
  (E)  THE  SUPERINTENDENT MAY PROMULGATE RULES AND REGULATIONS PURSUANT
TO THIS SECTION.
  § 2. This act shall take effect immediately.