S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3229--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2025
                                ___________
 
 Introduced by M. of A. DINOWITZ, GALLAGHER, TAPIA, STIRPE, SIMON, GLICK,
   COLTON,  ROSENTHAL,  SHIMSKY, BURDICK, FORREST, STECK, RAGA, SANTABAR-
   BARA, DAVILA, REYES, SEAWRIGHT, CUNNINGHAM, SLATER, GALLAHAN  --  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 "Dennis
 Crawley genetic 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 Section 2615 of the insurance law is REPEALED and a  new  section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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07130-03-5
              
             
                          
                 A. 3229--A                          2
 
 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.
   § 3. This act shall take effect immediately.