assembly Bill A9837

2021-2022 Legislative Session

Relates to prohibiting insurance companies from discriminating based on genetic predisposition; repealer

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Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 19, 2022 referred to insurance

Co-Sponsors

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A9837 (ACTIVE) - Details

Current Committee:
Assembly Insurance
Law Section:
Insurance Law
Laws Affected:
Rpld & add §2615, Ins L
Versions Introduced in 2023-2024 Legislative Session:
A2083

A9837 (ACTIVE) - Summary

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.

A9837 (ACTIVE) - Bill Text download pdf 

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9837
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced  by  M.  of A. DINOWITZ, GALLAGHER, TAPIA, ENGLEBRIGHT, GOTT-
   FRIED, STIRPE -- read once and referred to the Committee on Insurance
 
 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:
 
   Section  1.  Section  2615  of the insurance law is REPEALED and a new
 section 2615 is added to read as follows:
   § 2615. DISCRIMINATION BECAUSE OF  GENETIC  PREDISPOSITION.    (A)  NO
 LIFE, ACCIDENT, HEALTH, DISABILITY, LONG TERM CARE, OR MEDICAL INDEMNITY
 INSURER  SHALL  CONDITION  INSURANCE  RATES, THE PROVISION OR RENEWAL OF
 COVERAGE OR BENEFITS, OR ANY OTHER COVERAGE TERM ON THE AGREEMENT OF  AN
 INDIVIDUAL  TO UNDERGO GENETIC TESTING.  SUCH INSURERS SHALL NOT REQUIRE
 OR SOLICIT GENETIC INFORMATION, USE GENETIC TESTING RESULTS, OR CONSIDER
 A PERSON'S DECISIONS OR ACTIONS  RELATING  TO  GENETIC  TESTING  IN  ANY
 MANNER FOR ANY INSURANCE PURPOSE.
   (B)  NO LIFE, ACCIDENT, HEALTH, DISABILITY, LONG TERM CARE, OR MEDICAL
 INDEMNITY INSURER SHALL REFUSE TO ISSUE OR  RENEW  A  POLICY,  CANCEL  A
 POLICY,  OR  ALTER  TERMS  AND CONDITIONS OF COVERAGE BASED ON A GENETIC
 PREDISPOSITION OF THE INSURED INDIVIDUAL OR OF A MEMBER OF THE INSURED'S
 FAMILY.
   (C) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PREVENTING AN INSUR-
 ER FROM ACCESSING AN INDIVIDUAL'S MEDICAL RECORD, IF  OTHERWISE  ALLOWED
 BY  LAW. NOTHING IN THIS SECTION PROHIBITS AN INSURER FROM CONSIDERING A
 MEDICAL DIAGNOSIS INCLUDED IN AN INDIVIDUAL'S MEDICAL RECORD, EVEN IF  A
 DIAGNOSIS WAS MADE BASED ON THE RESULTS OF A GENETIC TEST.
   (D)  FOR  PURPOSES  OF  THIS  SECTION, THE TERMS "GENETIC TESTING" AND
 "GENETIC PREDISPOSITION" SHALL HAVE THE MEANINGS SET  FORTH  IN  SECTION
 SEVENTY-NINE-L OF THE CIVIL RIGHTS LAW.
   § 2. This act shall take effect immediately.
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15019-02-2