The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2083--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ, GALLAGHER, TAPIA, STIRPE, SIMON, GLICK,
   COLTON,  L. ROSENTHAL, SHIMSKY, ZEBROWSKI -- read once and referred to
   the Committee on Insurance  --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted 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:
 
   Section 1. This act shall be known and may be cited  as  the  "genetic
 testing protection act of New York".
   §  2.  Section 2615 of the insurance law is REPEALED and a new section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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01423-02-3

 A. 2083--A                          2
 
   (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.
   § 3. This act shall take effect immediately.