Senate Bill S1208

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2023-S1208 (ACTIVE) - Details

See Assembly Version of this Bill:
A7451
Current Committee:
Assembly Governmental Operations
Law Section:
Civil Rights Law
Laws Affected:
Amd §79-l, Civ Rts L
Versions Introduced in 2021-2022 Legislative Session:
S8631, A9929

2023-S1208 (ACTIVE) - Summary

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.

2023-S1208 (ACTIVE) - Sponsor Memo

2023-S1208 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1208
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 10, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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:
 
   Section  1.  Subdivision 3 of section 79-l of the civil rights law, as
 added by chapter 497 of the laws of 1996, is amended and a new  subdivi-
 sion 12 is added to read as follows:
   3. (a) All records, findings and results of any genetic test performed
 on  any  person  shall be deemed confidential and shall not be disclosed
 without the written informed consent of the person to whom such  genetic
 test  relates.  This  information shall not be released to any person or
 organization not specifically authorized by the  individual  subject  of
 the  test.  Unauthorized  solicitation or possession of such information
 shall be unlawful, except  for  the  unintentional  possession  of  such
 information  as  part  of a health record created prior to the effective
 date of this section and provided no action adverse to the interests  of
 the  subject  are taken as a result of such possession. [Nothing in this
 section shall  preclude  the  release  of  such  information,  with  the
 subject's  consent,  to a health insurer or health maintenance organiza-
 tion of any information  reasonably  required  for  purposes  of  claims
 administration,  provided, however, that further distribution within the
 insurer or to other recipients  shall  require  the  subject's  informed
 consent in each case.]
   (b) No person who lawfully possesses information derived from a genet-
 ic test on a biological sample from an individual shall incorporate such
 information  into  the records of a non-consenting individual who may be
 genetically related to the tested individual; nor shall  any  inferences
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02539-01-3
              

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