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State Citation/Title Ascending Order
(link to state's page)
Topic(s) Summary
Alabama 2012 State Bills
opens new window Alabama 2012 HB 78
Privacy This bill creates the Genetic Information Privacy Act. The bill establishes procedures for obtaining, disclosing and storing genetic information as well as penalties for unlawful disclosure. Measure failed.
Alabama State Statute
opens new window Alabama: Code of Ala. §27-5-13
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
Health and disability insurers may not deny applicants insurance coverage because of a diagnosis of sickle cell anemia.
Alabama State Statute
opens new window Alabama: Code of Ala. §27-53-1 et seq.
Health Insurance Nondiscrimination Health benefit plans, including the Alabama Medicaid Agency, may not require a genetic test to determine if a person has a predisposition to cancer as a condition of insurability or use the results of such a test to determine insurability or discriminate with respect to rates or benefits. The statutes set forth penalties for insurance companies or health maintenance organizations that violate the law.
Alaska 2009 State Bills
opens new window Alaska 2009 HB 222
Health Insurance Nondiscrimination This bill requires health care insurers in the individual market to comply with genetic information nondiscrimination requirements established under 42 U.S.C. 300gg-53. Health care insurers in the group market must comply with genetic information nondiscrimination requirements established under 42 U.S.C. 300gg-1(b)(3), 42 U.S.C. 300gg-1(c) - (f), and 42 U.S.C. 300gg-91. Signed into law August 5, 2009.
Alaska State Statute
opens new window Alaska: AS §18.13.010 et seq.
Privacy This statute provides protections for the privacy of DNA samples and the results of DNA analysis. DNA samples and the results of DNA analysis are the exclusive property of the person sampled or analyzed. Samples collected and analyses conducted for the DNA registry, law enforcement purposes, paternity testing, newborn screening, and emergency medical treatment are exempt. The statute sets forth civi and criminal penalties for violations of the law.
Alaska State Statute
opens new window Alaska: AS §21.36.480
Health Insurance Nondiscrimination Health care insurers offering individual or group plans must comply with the genetic information nondiscrimination requirements established under 42 USC 300gg-53, or 42 U.S.C. 300gg-1(b)(3), 42 U.S.C. 300gg-1(c) - (f), and 42 U.S.C. 300gg-91, respectively.
Alaska State Statute
opens new window Alaska: AS §21.54.100 et seq.
Health Insurance Nondiscrimination Health care insurers in the group market may not establish rules for eligibility or continued eligibility based on genetic information or impose preexisting condition exclusions based on genetic information in the absence of a diagnosis.
Arizona 2007 State Bills
opens new window Arizona 2007 HB 2629
Health Insurance Coverage This bill requires hospital or medical service corporations, health care service organizations, and individual, group and blanket disability insurers who provide health care coverage to pregnant women to cover the cost of genetic testing for thrombophilia if it is ordered by a physician. Measure failed.
Arizona 2008 State Bills
opens new window Arizona 2008 SB 2658
Health Insurance Nondiscrimination This bill amends existing law that prohibits health benefit plans from terminating coverage based on a health status-related factor, including genetic information, by adding a group disability policy or a certificate of insurance for a group disability policy that is not issued in the state of Arizona to the definition of "health benefit plan." Signed by the Governor on April 28, 2008.
Arizona 2010 State Bills
opens new window Arizona 2010 HB 2291
Health Insurance Nondiscrimination This bill prohibits health care service organizations from imposing pre-existing condition limitations or exclusions. Genetic conditions in the absence of a diagnosis related to the condition are not considered pre-existing conditions and may not result in a pre-existing condition limitation or exclusion. Measure failed.
Arizona State Statute
opens new window Arizona: ARS §12-2801 et seq.
Privacy,
Research
Information derived from genetic testing my only be released to the person tested or others with written authorization from the person tested with some exceptions, including but not limited to (1) a researcher for medical research and public health purposes, only if the research is conducted pursuant to applicable federal or state laws and regulations, (2) if the identity of the individual providing the sample is not disclosed to the person collecting and conducting research; or (3) a third person if approved by a human subjects review committee or human ethics committee, with respect to persons who are subject to a state cancer registry. The law also places restrictions on disclosure or compelling disclosure, requires consent from a parent or legal guardian of a minor to conduct genetic testing other than newborn screening, and requires written informed consent for genetic testing by health care providers with some exceptions.
Arizona State Statute
opens new window Arizona: ARS §20-1379
Health Insurance Nondiscrimination Genetic information is a health status-related factor that may not be used as the basis for denial of coverage or as the basis for a pre-existing condition exclusion in the absence of a diagnosis in the individual health insurance market.
Arizona State Statute
opens new window Arizona: ARS §20-2301 et seq.
Health Insurance Nondiscrimination Accountable health plans may not (1) deny, limit or condition coverage or benefits based on health status-related factors, including genetic information or (2) impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis.
Arizona State Statute
opens new window Arizona: ARS §20-448
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
Life and disability insurers (disability insurance is defined in the statutes to include health insurers) may not refuse to consider an application on the basis of a genetic condition. Information about a genetic condition may not be used for underwriting or ratemaking of life and disability insurance policies unless supported by the applicants medical condition, medical history and either claims experience or actuarial projections. In the case of disability insurance the use of information about a genetic condition for underwriting or ratemaking purposes constitutes unfair discrimination in the absence of a diagnosis.
Arizona State Statute
opens new window Arizona: ARS §20-448.02
Privacy A person may not require or perform a genetic test without written informed consent. Genetic test results may not be disclosed without the consent of the subject.
Arizona State Statute
opens new window Arizona: ARS §36-2912
Health Insurance Nondiscrimination Health benefit plans offered by the administration for the healthcare group program may not (1) deny, limit or condition coverage or benefits based on health status-related factors, including genetic information or (2) impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis.
Arizona State Statute
opens new window Arizona: ARS §41-1463
Employment Nondiscrimination Employers may not discriminate against an individual based on genetic test results, notwithstanding professionally developed ability tests that are not designed to discriminate because of race, color, religion, sex or national origin.
Arkansas State Statute
opens new window Arkansas: Ark. Code §11-5-401 et seq.
Employment Nondiscrimination Employers may not seek to obtain, use or require a genetic test or genetic information to distinguish between or discriminate against persons applicants or employees. Criminal and civil penalties are set forth for violations.
Arkansas State Statute
opens new window Arkansas: Ark. Code §20-35-101 et seq.
Privacy,
Research
No individual records of subjects in genetic research studies approved by an institutional review board or conducted subject to the requirements of the federal common rule may be subpoenaed or subject to discovery in civil suits except in cases where the information in the records is the basis of the suit. These records may not be disclosed to an insurer or employer without the informed written consent of the subject. Stored tissues, including blood, that arise from surgery or other diagnostic and therapeutic steps may be disclosed for genetic or other research studies if the patients name or social security number is not attached to or included with the specimen. Identifying information may be disclosed with the informed written consent of the individual. Published results may not identify a subject unless the individual has provided specific informed consent.
Arkansas State Statute
opens new window Arkansas: Ark. Code §23-66-320
Health Insurance Nondiscrimination Insurers except those offering life, disability income and long-term care plans may not request or require an individual or family member to obtain a genetic test for the purpose of determining eligibility, establishing premiums, limiting, renewing or terminating coverage, or another other underwriting activity or condition a policy on an individual taking a genetic test.
Arkansas State Statute
opens new window Arkansas: Ark. Code §23-86-304 et seq.
Health Insurance Nondiscrimination Preexisting condition exclusions may not be based on genetic information in the absence of a diagnosis. Insurers issuing group health plans may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information.
California 2007 State Bills
opens new window California 2007 SB 164
Use of Residual Newborn Screening Specimens This bill amends existing law pertaining to pregnancy blood samples. Existing law provides for the use of samples for approved research projects and establishes confidentiality and privacy protections with regard to samples and related personal information. This bill renames the term "pregnancy" blood samples by referring to them as "newborn" blood samples. Measure failed.
California 2007 State Bills
opens new window California 2007 SB 962
Use of Residual Newborn Screening Specimens This bill requires the health department to charge a fee to researchers and health care providers who have been approved by the department to use stored umbilical cord, pregnancy blood, or newborn blood samples for research to cover the costs of administering the program. Signed by the Governor October 11, 2007. (The bill goes into effect only if 2007 AB 34, which was enacted during the 2007 session, becomes law before January 2008.)
California 2008 State Bills
opens new window California 2008 AB 2599
Use of Residual Newborn Screening Specimens The bill establish fees, which the department may collect from researchers who have been approved by the department and who seek to umbilical cord blood, pregnancy blood collected by the Genetic Disease Screening Program, and stored by the Birth Defects Monitoring Program, and newborn blood collected by the Genetic Disease Screening Program. Fees may not to exceed the costs of administering the program and collection and storage of the samples. Signed by the Governor September 30, 2008.
California 2008 State Bills
opens new window California 2008 SB 1115
Other Lines of Insurance Nondiscrimination The bill states that physicians assigning apportionment to the causes of permanent disability by finding what approximate percentage of the disability is a direct result of the employment-related injury versus other factors may not consider genetic predisposition a cause or other factor of disability. Vetoed.
California 2009 State Bills
opens new window California 2009 AB 1543
Health Insurance Nondiscrimination This bill requires an issuer of a Medicare supplement contract, policy or certificate to adhere to the requirements imposed by the federal Genetic Information Nondiscrimination Act of 2008. Approved by the Governor July 2, 2009.
California 2009 State Bills
opens new window California 2009 SB 1330
Use of Residual Newborn Screening Specimens This bill specifies that money from the genetic disease testing fund may be used for costs related to data management, and newborn blood collection, storage, retrieval, processing, inventory, and shipping. The health department, any entities approved by the department, and researchers shall maintain the confidentiality of patient information and blood samples in the same manner as other medical record information with patient identification and may use it only for approved research to (1) identify risk factors for children's and women's diseases;(2) Research to develop and evaluate screening tests;(3) Research to develop and evaluate prevention strategies; and(4) Research to develop and evaluate treatments. The State Committee for the Protection of Human Subjects (CPHS) must determine if all of the if specified criteria are met for purposes of ensuring the security of a donor's personal information, before any blood samples are released pursuant for research purposes. Signed by the Governor September 25, 2010.
California 2009 State Bills
opens new window California 2009 SB 145
Other Lines of Insurance Nondiscrimination This bill prohibits the denial of a workers' compensation claim solely because the motivation behind what caused the employee's injury or injury resulting in death was related to an immutable characteristic of the employee. The bill also states that physicians assigning apportionment to the causes of permanent disability by finding what approximate percentage of the disability is a direct result of the employment-related injury versus other factors may not consider genetic predisposition a cause or other factor of disability. Measure failed.
California 2009 State Bills
opens new window California 2009 SB 482
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
This bill states that all biological data derived from post-CLIA bioinformatics services shall be considered to contain genetic characteristics, as defined in section 1374.7 of the Health and Safety Code and section 10146 of the Insurance Code and is subject to the prohibitions in those sections of the statutes. Measure failed.
California 2010 State Bills
opens new window California 2010 AB 2244
Health Insurance Nondiscrimination This bill requires carriers and health care service plans offering plan contracts in the individual market, other than individual grandfathered plan coverage, to offer to the responsible party for a child coverage for the child that does not exclude or limit coverage due to any preexisting condition of the child. A health care service plan may not condition the issuance or offering of individual coverage on certain factors, including genetic information. Signed by the Governor on September 30, 2010.
California 2010 State Bills
opens new window California 2010 SB 1187
Research This bill amends existing law on the protection of human subjects, which provides an exemption until January 1, 2011 for any medical experimental treatment that benefits a patient subject to a life-threatening emergency if prescribed conditions are met. This bill provides that this exemption remains in effect until January 1, 2014. Signed by the Governor July 15, 2010.
California 2011 State Bills
opens new window California 2011 SB 559
Employment Nondiscrimination This bill prohibits discrimination based on genetic information in several areas in addition to those addressed by existing law, including in housing, at certain business facilities, at state agencies, entities funded by or receiving financial assistance from the state, and in the provision of emergency services. Signed by the Governor on September 6, 2011.
California 2012 State Bills
opens new window California 2012 SB 1267
Privacy,
Research
This bill creates the Genetic Information Privacy Act. The bill prohibits any person from obtaining, analyzing, or disclosing genetic information without the written authorization of the individual to whom the information pertains and requires a separate written authorization for each separate disclosure of an individual's genetic information, with some exceptions such as for law enforcement. The bill permits disaggregated and anonymized data to be used in the manner specified that was collected before the bill's enactment without the authorization described above. The bill also permits the use of disaggregated and anonymized data, as specified, if written authorization is obtained and the data is used for a purpose authorized by the individual to whom the information pertains. Measure failed.
California 2013 State Bills
opens new window California 2013 AB 58
Research This bill continue the exemption to informed consent requirements for human subjects in the event of a life-threatening emergency indefinitely. The existing exemption is set to expire on January 1, 2014. Approved by the Governor on Oct. 4, 2013.
California 2013 State Bills
opens new window California 2013 Extraordinary Session SBX1 2
Health Insurance Nondiscrimination Prohibits a policy or contract that covers a small employer, as defined in Section 1304(b) of PPACA and in Section 1357.500, or health care service plans offered outside the American Health Benefit Exchange required by PPACA from establishing rules for eligibility, including continued eligibility, of an individual, or dependent of an individual, to enroll under the terms of the policy or contract based on health status-related factors, including genetic information. Approved by the Governor May 9, 2013.
California 2013 State Bills
opens new window California 2013 SB 161
Health Insurance Nondiscrimination A stop-loss carrier must offer coverage to all employees and dependents of employees of a small employer to which it issues a stop-loss insurance policy and may not exclude any employee or dependent on the basis of an actual or expected health status-related factor, including genetic information. Approved by the Governor October 1, 2013.
California 2013 State Bills
opens new window California 2013 SB 222
Privacy This bill states that it is the intent of the Legislature to enact legislation to protect individuals from the unauthorized use of their genetic information, ensure that genetic information is personal information that is not collected, stored, or disclosed without the individual's authorization, provide protections for the collection, storage, and authorized use of genetic information, and promote the use of genetic information for legitimate reasons, including, but not limited to, health care, research, advancement of medicine, and educational purposes, as the field of genomics advances. Feb. 3, 2014: Returned to Secretary of Senate pursuant to Joint Rule 56. Died.
California 2013 State Bills
opens new window California 2013 SB 655
Employment Nondiscrimination This bill provides that in a claim of discrimination or retaliation based on genetic information, the person claiming to have been aggrieved prevails if he or she has proven that a protected characteristic or activity was a substantial motivating factor in the employment action or decision. Consideration of Governor's veto stricken from file 2/27/2014.
California 2013 State Bills
opens new window California 2013 SB 799
Health Insurance Coverage Requires every health care service plan contract, except a specialized health care service plan contract to provide coverage for genetic testing for hereditary nonpolyposis colorectal cancer (HNPCC) under certain circumstances. Feb. 3, 2014: Returned to Secretary of the Senate, pursuant to Joint Rule 56. Died.
California 2014 State Bills
opens new window California 2014 SB 1279
Health Insurance Coverage Requires a health care service plan contract or a health insurance policy that is issued, amended, or renewed on or after January 1, 2015, to provide coverage for genetic testing for Lynch syndrome.
California 2014 State Bills
opens new window California 2014 Senate Bill 1304
Employment Nondiscrimination A health benefit plan offered to a small employer, as defined in Section 1304(b) of PPACA and in Section 10753, may not establish rules for eligibility, including continued eligibility, of an individual, or dependent of an individual, to enroll under the terms of the plan based on any of the following health status-related factors, including genetic information. Referred to Committee on Judiciary on 3/6/2014.
California State Statute
opens new window California: Cal. Civil Code §56.17
Health Insurance Nondiscrimination,
Privacy
A person who negligently or willfully discloses genetic test results in an individuals medical records who is applying for or enrolled in a health care service plan, except with written authorization in the format specified, is subject to fines as set forth in the statutes.
California State Statute
opens new window California: Cal. Civil Code §56.265
Other Lines of Insurance Nondiscrimination A person who underwrites or sells an annuity contract or contracts insuring, guaranteeing, or indemnifying against loss, harm, damage, illness, disability, or death, and any affiliate of that person or entity, shall not disclose individually identifiable information concerning the medical or genetic history of a customer for use with regard to granting credit.
California State Statute
opens new window California: Cal. Government Code §§12920 et seq.and §11135
Employment Nondiscrimination The opportunity to seek, obtain, and hold employment without discrimination because of genetic information, is recognized as a civil right. It is an unlawful employment practice, unless based on a bonafide occupational qualification, to subject any employee, applicant or other person to a test for the presence of a genetic characteristic. In addition, a person in the State of California may not, on the basis of genetic information, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state.
California State Statute
opens new window California: Cal. Health and Safety Code § 124170 et seq.
Research Provides for the protection of human subjects participating in medical experiments. Enacts the Experimental Subject's Bill of Rights, which details informed consent requirements.
California State Statute
opens new window California: Cal. Health and Safety Code § 124975 et seq.
Use of Residual Newborn Screening Specimens All testing results and personal information from hereditary disorders programs obtained from any individual, or from specimens from any individual, is confidential and is considered a confidential medical record except for information that the individual, parent, or guardian consents to be released, provided after being fully informed of the scope of the information requested to be released, of all of the risks, benefits, and purposes for the release, and of the identity of those to whom the information will be released or made available, except for data compiled without reference to the identity of any individual, and except for research purposes, provided that pursuant to the Common Rule The research must first be reviewed and approved by an IRB. The health department, any entities approved by the department, and researchers must maintain the confidentiality of patient information and blood samples in the same manner as other medical record information with patient identification and may use it only for approved research to (1) identify risk factors for children's and women's diseases;(2) Research to develop and evaluate screening tests;(3) Research to develop and evaluate prevention strategies; and (4) Research to develop and evaluate treatments. The State Committee for the Protection of Human Subjects (CPHS) must determine if all of the if specified criteria are met for purposes of ensuring the security of a donor's personal information, before any blood samples are released pursuant for research purposes.
California State Statute
opens new window California: Cal. Health and Safety Code §1358.24
and Insurance Code §10192.24
Health Insurance Nondiscrimination An issuer of a Medicare supplement contract must adhere to the requirements imposed by the federal Genetic Information Nondiscrimination Act of 2008 (Public Law 110-233).
California State Statute
opens new window California: Cal. Health and Safety Code §1374.7
Insurance Code §10123.3 et seq.
and §742.405 et seq.
Health Insurance Nondiscrimination Health care service plans, self-insured employee welfare benefit plans, and multiple employer welfare arrangements may not refuse to enroll any person, refuse to accept or renew a subscriber, charge a higher rate, or offer different terms, conditions or benefits on the basis of genetic characteristics that may be associated with disability in that person or that persons offspring. A plan may not seek information about genetic characteristics for non-therapeutic purposes. Specific penalties are set forth for violations by self-insured employee welfare benefit plans and multiple employer welfare arrangements.
California State Statute
opens new window California: Cal. Health and Safety Code §1399.804
and Insurance Code §10902.1
Health Insurance Nondiscrimination Health care service plans and carriers, agents or brokers offering health benefit plans to individuals or solicitors may not encourage or direct federally eligible defined individuals to refrain from an application for coverage because of genetic information. Plans, agents or brokers may not enter into any contract, agreement or arrangement with a solicitor that provides for or results in the compensation paid to a solicitor for the sale of a health care service plan contract or health benefit plan design to be varied because of genetic information.
California State Statute
opens new window California: Cal. Health and Safety Code §§1357.03 and 1357.52
Insurance Code §§10198.9 and 10705
Health Insurance Nondiscrimination Small group health policies or contracts may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information. Except in the case of a late enrollee or for satisfaction of a preexisting condition clause these plans as well as disability insurers providing coverage for health care services may not exclude any eligible employee or dependent based on genetic information.
California State Statute
opens new window California: Cal. Ins. Code § 10950 et seq. and Health and Safety Code § 1399.825 et seq.
Health Insurance Nondiscrimination The statutes require carriers and health care service plans offering plan contracts in the individual market, other than individual grandfathered plan coverage, to offer to the responsible party for a child coverage for the child that does not exclude or limit coverage due to any preexisting condition of the child. A health care service plan may not condition the issuance or offering of individual coverage on certain factors, including genetic information.
California State Statute
opens new window California: Cal. Insurance Code §10140 et seq.
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
Disability insurers covering hospital, medical and surgical expenses may not fail or refuse to accept an application, fail or refuse to issue insurance, cancel or refuse to renew insurance, charge a higher rate or premium, offer or provide different terms, conditions or benefits, or place a limitation on coverage based on genetic characteristics that may be associated with disability in a person of that persons offspring. These insurers also may not seek information about a persons genetic characteristics for non-therapeutic purposes. Specific penalties are set forth for violations. Life and disability insurers may not discriminate based solely on the fact that the person to be insured carries a gene that may be associated with disability in that person or the persons offspring, but which causes no adverse effects in the carrier, including but not limited to Tay-Sachs trait, sickle cell trait, thalassemia trait, and X-linked hemophilia trait.
California State Statute
opens new window California: Cal. Insurance Code §10146 et seq.
Other Lines of Insurance Nondiscrimination Tests for genetic characteristics may not be required to determine insurability for life and disability income insurance except for policies contingent on review or testing for other diseases and conditions and only with informed consent. Policies may only limit benefits otherwise payable if loss is caused or contributed to by the presence or absence of genetic characteristics if the insurer imposes limitations for other medical conditions that present an increased risk. A life or disability income insurer may not request a genetic test to determine eligibility for hospital, medical or surgical insurance coverage or coverage under a nonprofit hospital service or health care service plan. The statutes set forth civil and criminal penalties for violations.
Colorado 2008 State Bills
opens new window Colorado 2008 SB 241
Employment Nondiscrimination This bill prohibits the reduction of an employees permanent total disability when the disability is a result of a work-related injury or a work-related injury combined with a congenital, genetic or similar conditions except that the law does not apply to reductions in recovery or apportionment allowed pursuant to Colorado Supreme Court decision in Anderson v. Brinkhoff, 859 P.2d 819, (Colo. 1993). Signed into law June 2, 2008.
Colorado 2009 State Bills
opens new window Colorado 2009 HB 1338
Health Insurance Nondiscrimination,
Privacy,
Research
This bill amends definitions in the Colorado genetic nondiscrimination in health insurance law. The bill also adds a new section to the Colorado statutes pertaining to limitations on disclosure of genetic information and allows the use of genetic information by research facilities provided that the information is not disclosed to third parties other than to an individual's physician with his or her consent. Signed by the Governor May 25, 2010.
Colorado 2010 State Bills
opens new window Colorado 2010 HB 1422
Privacy This bill amends section 10-3-1104.6 of the statutes by modifying a provision on limitations on disclosure of genetic information. The list of public health entities exempt from limitations on disclosure when conducting certain activities is reworded to include county, district or municipal public health agencies. Signed by the Governor on June 10, 2010.
Colorado 2013 State Bills
opens new window Colorado HB 1266
Health Insurance Coverage This bill amends existing statutes pertaining to mammography coverage for persons with a predisposition to breast cancer by amending provisions related to copayments and deductibles and the frequency of mammography coverage requirements (breast cancer screening with mammography required annually.) Signed by the Governor on May 13, 2013.
Colorado 2013 State Bills
opens new window Colorado HB 1309
Health Insurance Coverage Amends existing coverage requirements for breast cancer screening with mammography for individuals with a genetic predispoition to breast cancer. Requires all sickness and accident insurance policies to provide coverage for breast imaging for all individuals possessing at least one risk factor for breast cancer, including a family history of breast cancer, being 40 years of age or older, or a genetic predisposition to breast cancer. Died.
Colorado State Statute
opens new window Colorado: CRS 10-16-102 et seq.
Health Insurance Coverage The law requires breast cancer screening with mammography annually for persons with a predisposition to breast cancer.
Colorado State Statute
opens new window Colorado: CRS §10-16-02
Health Insurance Nondiscrimination Health-status related factor is defined to include genetic information in Title 10 Article 16, which pertains to health care coverage.
Colorado State Statute
opens new window Colorado: CRS §10-3-1104.6
Health Insurance Nondiscrimination,
Privacy,
Research
Genetic information the property of the individual, and written consent is required for its disclosure other than for diagnosis, treatment or therapy. Health care entities may not retain or use genetic information for non-therapeutic purposes or request or require a genetic test; however, test results may be used on a limited basis to make payment decisions. Exceptions under the law include the use of genetic information for scientific research if the identity of the individual to whom the genetic information pertains is not disclosed to a third party other than the individuals physician with written consent. The law provides remedies for individuals whose rights are violated.
Colorado State Statute
opens new window Colorado: CRS §10-3-1104.7
Other Lines of Insurance Nondiscrimination,
Privacy,
Research
Genetic information is the property of the individual to whom it pertains. Release of genetic information that identifies the person tested for purposes other than diagnosis, treatment and therapy requires specific written consent. Exemptions under the law include some uses by research facilities. Researchers may use genetic testing information for scientific research as long as the identity of any individual to whom the information pertains is not disclosed to any third party except that the individuals identity may be disclosed to the individuals physician with written consent. Group disability or long-term care insurers that receive genetic information may not seek, use or keep the information for any non-therapeutic or underwriting purpose. Life insurers and individual disability insurers may not perform a genetic test without informed consent. Penalties are set forth for unfair trade practices with respect to group disability and long-term care insurance.
Connecticut 2009 State Bills
opens new window Connecticut 2009 HB 6333
Employment Nondiscrimination This bill amends the state genetic nondiscrimination law for employment by creating an exemption for state or local law enforcement, the department of public safety and the division of scientific services that allows those entities to request or require employees to provide genetic information for the purpose of detecting contamination of samples examined by the division of scientific services. Measure failed.
Connecticut State Statute
opens new window Connecticut: GSC 38a §476
Health Insurance Nondiscrimination Any hospital and medical expense incurred policy, hospital or medical service plan contract and health care center subscriber contract providing individual or group health insurance coverage may not refuse to insure, continue to insure, limit coverage, or charge an individual a different rate because of genetic information. In this type of coverage and all health insurance plans pre-existing condition exclusions may not be based on genetic information in the absence of a diagnosis.
Connecticut State Statute
opens new window Connecticut: GSC 38a §816
Health Insurance Nondiscrimination An insurance company, hospital service corporation, health care center or fraternal benefit society providing individual or group health insurance coverage may not refuse to insure, continue to insure, limit coverage, or charge an individual a different rate because of genetic information. In this type of coverage and all health insurance plans pre-existing condition exclusions may not be based on genetic information in the absence of a diagnosis.
Connecticut State Statute
opens new window Connecticut: GSC 38a §999
Privacy An insurance institution, agent or insurance support organization that collects, uses or discloses medical record information must have written policies, standards and procedures for the management, transfer and security of medical record information, including additional protection against unauthorized disclosure of sensitive health information such as information regarding genetic testing and the fact that an individual has undergone a genetic test.
Connecticut State Statute
opens new window Connecticut: GSC 46a §60
Employment Nondiscrimination It is a discriminatory practice for an employer, an employment agency, or for any labor organization to request or require genetic information from an employee, a person seeking employment or a member. These entities may not discharge, expel or otherwise discriminate against any person on the basis of genetic information.
District of Columbia State Statute
opens new window DC Official Code §2-1401.01 et seq.
Employment Nondiscrimination,
Health Insurance Nondiscrimination
Employers, employment agencies and labor organizations may not discriminate based on genetic information with some exceptions such as to investigate a workers' compensation claim. A health benefit plan or health insurer may not establish rules for the eligibility or adjust premium or contribution amounts for an individual on the basis of genetic information concerning the individual or his/her family member, including information about a request for or receipt of genetic services by an individual or the individual's family member. Health insurers also may not require or request a genetic test.
Delaware 2013 State Bills
opens new window Delaware 2013 HB 162
Health Insurance Nondiscrimination Prohibits group health insurers from establishing rules for eligibility of an individual to enroll based on a health status related factor of individuals, including genetic information. Prohibits individual health insurers from establishing rules for eligibility of an individual to enroll under the terms of the coverage based on health status-related factors, including genetic information. Signed by the Governor on July 15, 2013.
Delaware State Statute
opens new window Delaware: Del. Code 16 §1201 et seq.
Privacy,
Research
Informed consent is required to obtain or retain genetic information about an individual. Exemptions include anonymous research where the identity of the subject will not be released. A sample from which genetic information has been obtained must be promptly destroyed with certain exceptions, including retention for anonymous research. An individual may inspect, request correction of and obtain genetic information from the records of that individual. The law sets forth civil penalties for violations.
Delaware State Statute
opens new window Delaware: Del. Code 18 §2317
Health Insurance Nondiscrimination Discrimination is prohibited in the issuance, denial or renewal of or in the fixing of the rates, terms or conditions for health insurance, excluding disability or long-term care insurance. The law provides for a cause of action in the nature of defamation, invasion of privacy or negligence with some exceptions.
Delaware State Statute
opens new window Delaware: Del. Code 18 §§3571M
3572
3602
3611
and 7202
Health Insurance Nondiscrimination A health status-related factor is defined to include genetic information with respect to large group health plans, individual health plans and small employer health insurance. Group health insurers may not establish rules for eligibility of an individual to enroll based on a health status related factor. Individual health insurers may not establish rules for eligibility of an individual to enroll under the terms of the coverage based on a health status-related factor.
Delaware State Statute
opens new window Delaware: Del. Code 19 §710 et seq.
Employment Nondiscrimination Employers, employment agencies, labor organization or joint labor-management committee controlling apprenticeships or other training may not discriminate based on genetic information. These entities may admit or employ any individual on the basis of genetic information in those certain instances where genetic information is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Enforcement provisions, processes for civil action by the Attorney General or charging party, judicial remedies and civil penalties are established.
Florida 2007 State Bills
opens new window Florida 2007 SB 2384
Health Insurance Coverage This bill requires individual and group health insurers to provide benefits or coverage for periodic colorectal cancer examinations and laboratory tests for individuals over 50 and for individuals under 50 who are considered high risk. Definition of high risk includes individuals who, because of the presence of recognized genetic markers, face a higher than normal risk of colorectal cancer. Measure failed.
Florida 2008 State Bills
opens new window Florida 2008 SB 2730
Health Insurance Coverage This bill requires individual and group health insurers to provide benefits or coverage for periodic colorectal cancer examinations and laboratory tests for individuals over 50 and for individuals under 50 who are considered high risk. Definition of high risk includes individuals who, because of the presence of recognized genetic markers, face a higher than normal risk of colorectal cancer. Measure failed.
Florida 2010 State Bills
opens new window Florida 2010 HB 1593
Employment Nondiscrimination This bill prohibits appointments, terminations, assignments, and maintenance of status, compensation, privileges and other terms and conditions of employment in the state personnel system based on genetic information. Measure failed.
Florida 2010 State Bills
opens new window Florida 2010 SB 2268
Employment Nondiscrimination This bill prohibits appointments, terminations, assignments, and maintenance of status, compensation, privileges and other terms and conditions of employment in the state personnel system based on genetic information. Measure failed.
Florida 2013 State Bills
opens new window Florida 2013 HB 857
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
This bill amends Florida's health insurance nondiscrimination law. The bill removes the exemption for life, disability and long-term care insurance under existing law and states that the law applies to other lines of insurance. Died in Banking and Insurance Subcommittee on May 3, 2013.
Florida 2013 State Bills
opens new window Florida 2013 SB 982
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
This bill amends Florida's health insurance nondiscrimination law. The bill removes the exemption for life, disability and long-term care insurance under existing law and states that the law applies to other lines of insurance. Died in Banking and Insurance on May 3, 2013.
Florida State Statute
opens new window Florida: FS §448.075 et seq.
Employment Nondiscrimination No person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity shall deny or refuse employment to any person or discharge any person from employment solely because such person has the sickle-cell trait. These entities also may not require screening or testing for the sickle-cell trait as a condition for employment.
Florida State Statute
opens new window Florida: FS §626.9706 et seq.
Other Lines of Insurance Nondiscrimination Insurers may not refuse to issue or deliver any policy of life insurance or disability insurance that affords certain services and benefits or impose a higher premium rate or charge for those policies solely because the person to be insured has the sickle-cell trait.
Florida State Statute
opens new window Florida: FS §627.6561 et seq.
Health Insurance Nondiscrimination An insurer that offers a group health insurance policy may not establish rules for eligibility or continued eligibility based on certain health status-related factors, including genetic information or use genetic information in the absence of a diagnosis as the basis for a pre-existing condition exclusion.
Florida State Statute
opens new window Florida: FS §641.31071 et seq.
Health Insurance Nondiscrimination Health care service programs may not treat genetic information as a preexisting condition in the absence of a diagnosis. A health maintenance organization that offers group health insurance coverage may not establish rules for eligibility or continued eligibility of an individual to enroll under the terms of the contract based on certain health status-related factors, including genetic information.
Florida State Statute
opens new window Florida: FS §760.40
Privacy Informed consent is required to perform DNA analysis. The results of DNA analysis, whether held by a public or private entity, are the exclusive property of the person tested, are confidential, and may not be disclosed without the consent of the person tested with some exceptions such as criminal investigations. A person who performs DNA analysis or receives records, results, or findings of DNA analysis must provide the person tested with notice that the analysis was performed or that the information was received.
Florida State Statute
opens new window Florida: FS §§627.4301
636.0201
and 641.438
Health Insurance Nondiscrimination Insurers offering health insurance, a self-insured plan, a multiple employer welfare arrangement, a prepaid limited health service organization, a health maintenance organization, a prepaid health clinic, a fraternal benefit society or any health care arrangement where risk is assumed may not cancel, limit, or deny coverage or establish differentials in premium rates based on genetic information in the absence of a diagnosis. Health insurers may not require or solicit genetic information, use genetic test results, or consider a person's decisions or actions relating to genetic testing for any insurance purpose. The law does not apply to a life insurance policy, disability income policy, long-term care policy, accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy.
Georgia 2007 State Bills
opens new window Georgia 2007 HB 276
Employment Nondiscrimination,
Other Lines of Insurance Nondiscrimination,
Privacy
This bill creates guidelines such as consent requirements for the creation and storage of biometric information, which is defined to include DNA samples. The bill also prohibits life insurers from requiring genetic information to determine an applicants eligibility or rates to be charged for life insurance; however, any pre-existing genetic information must be supplied to the insurance company upon application. The bill forbids employers or employment agencies from using information derived from genetic testing for identification purposes or as a condition of employment. The bill provides remedies for individuals whose genetic information is inappropriately used. Measure failed.
Georgia 2010 State Bills
opens new window Georgia 2010 SB 408
Health Insurance Nondiscrimination This bill prohibits a health group cooperative from excluding a small employer based on a health status-related factor, including genetic information in relation to an employee or dependent of an employee. Measure failed.
Georgia 2014 State Bills
opens new window Georgia 2014 SB 167
Use of Residual Newborn Screening Specimens,
Privacy
Prohibits the collection of student or family information by any state agency, local school system or educational institution, including biometric data (defined to include DNA sequence and newborn screening information), except as may be necessary to facilitate the instruction of special needs students or students participating in school physical education and athletic programs. 3/3/2014 in House Second Readers.
Georgia State Statute
opens new window Georgia: OCGA §§33-54-1 et seq.
Health Insurance Nondiscrimination,
Privacy,
Research
Genetic information is the property of the individual tested. Prior written authorization is required for genetic testing and release of results to anyone other than the person tested. A fraternal benefit society, a nonprofit medical service corporation, a health care corporation, a health maintenance corporation, or a self-insured health plan not subject to the exclusive jurisdiction of ERISA may not seek information derived from genetic testing, and if it is received, the information may not be used for any nontherapeutic purpose or be released without explicit written consent. Exceptions include scientific research facilities, which may conduct genetic testing and use information derived from testing for scientific research if the identity of any individual tested is not disclosed to any third party, except to an individual's physician with consent.
Hawaii 2011 State Bills
opens new window Hawaii 2011 HB 1451
Privacy,
Research
This bill adds a new chapter to the Hawaii statutes on the privacy of health care information. The bill provides for the protection of "protected health information," including genetic information. The bill allows a health care provider, health plan, public health authority, employer, insurer or educational institution to disclose protected health information to health researchers if certain requirements are met, including review of the research by an IRB. Measure failed.
Hawaii 2012 State Bills
opens new window Hawaii 2012 HB 1810
Health Insurance Nondiscrimination This bill requires health benefit plans to include lower deductibles and co-payments for non-tobacco smokers and others at low risk. Genetic factors and pre-existing conditions may not be considered a behavior. Measure failed.
Hawaii 2013 State Bills
opens new window Hawaii 2013 HB 540
Health Insurance Nondiscrimination The board of the Hawaii employer-union health benefits trust fund must require every health benefits plan established or contracted to include lower deductibles and co-payments for non-smokers of tobacco and other persons engaged in low risk health behaviors that are designed, in compliance with applicable federal and state laws, to encourage preventative health care, promote wellness, and discourage medically unnecessary use of health care services; provided that the board consults with medical professionals to determine what should be included as low risk health behaviors. Genetic factors and pre-existing medical conditions may not be considered as a behavior when determining what constitutes low risk behavior. 12/18/2013 carried over into 2014 legislative session.
Hawaii 2014 State Bills
opens new window Hawaii 2014 HB 1944
Employment Nondiscrimination,
Health Insurance Nondiscrimination,
Privacy
The bill requires contractors and prospective contractors with the state or counties to comply with the Genetic Information Nondiscrimination Act of 2008. Referred to the House Committee on Consumer Protection and Commerce and House Committee on Judiciary on January 21, 2014.
Hawaii 2014 State Bills
opens new window Hawaii 2014 HB 2532
Privacy,
Research
The bill establishes requirements for the privacy of protected health information, including genetic information. Entities addressed in the bill include health care providers, health care data organizations, health plans, health oversight agencies, public health authorities, employers, insurers, health researchers, or edučational institutions. 2/7/2014 Passed second reading
Hawaii 2014 State Bills
opens new window Hawaii 2014 SB 2917
Employment Nondiscrimination,
Health Insurance Nondiscrimination,
Privacy
The bill requires contractors and prospective contractors with the state or counties to comply with the Genetic Information Nondiscrimination Act of 2008. 2/3/2014 Committee on Economic Development, Government Operations and Housing deferred the measure
Hawaii State Statute
opens new window Hawaii: HRS §378-1 et seq.
Employment Nondiscrimination Employers may not discriminate against any individual because of being regarded as having an impairment, which includes employer consideration of (1) an individual's genetic information, (2) genetic information of any family member of an individual, or (3) the individual's refusal to submit to a genetic test as a condition of initial or continued employment. The statutes also contain provisions pertaining to employment agencies and labor organizations.
Hawaii State Statute
opens new window Hawaii: HRS §§431:10A-118
431:10A-404.5
432:1-607
432:2-404.5
and 432D-26
Health Insurance Nondiscrimination,
Privacy
No insurer providing accident and health or sickness insurance coverage or extended health insurance coverage, mutual benefit society, fraternal benefit society, or health maintenance organization may use an individual's or a family member's genetic information or a request for genetic services to (1) deny or limit any coverage or (2) establish eligibility, continuation, enrollment, or premium payment. These entities may not request or require collection or disclosure of genetic information of an individual or family member or disclose genetic information without written consent.
Idaho 2007 State Bills
opens new window Idaho 2007 SB 1107
Health Insurance Nondiscrimination The bill amends the state genetic nondiscrimination law by prohibiting discrimination on the basis of genetic information or a genetic test in the issuance of coverage, or the fixing of rates, terms or conditions, for any policy or contract of hospital or medical insurance or any health benefit plan. Measure failed.
Idaho 2013 State Bills
opens new window Idaho 2013 HB 194
Other Worker's compensation is payable for disability or death of an employee resulting from occupational diseases, including breast cancer, if certain criteria are met. Criteria includes: (1) diagnosis of breast cancer after five years of employment, before the age of 40, without BRCA 1 or BRCA 2 genetic predisposition; and (2) the disease must not have been revealed during an initial employment medical screening exam or during any subsequent medical review. Died.
Idaho 2014 State Bills
opens new window Idaho 2014 HB 511
Privacy Regulates the collection, possession and disclosure of biometric identifiers, defined to include human DNA, by private entities. 3/20/2014 Returned to State Affairs Committee
Idaho 2014 State Bills
opens new window Idaho 2014 SB 1273
Other If a firefighter is diagnosed with breast cancer within 5 years of employment if diagnosed before the age of 40 and if the cancer was not revealed during an initial employment medical screening examination or during any subsequent medical review, the disease shall be rebuttably presumed to be proximately caused by the firefighter's employment as a firefighter, regardless of whether or not the firefighter has a genetic predisposition to breast cancer. House received from Senate on 3/12/2014.
Idaho 2014 State Bills
opens new window Idaho 2014 SB 1385
Privacy Unless explicitly mandated by federal statute, a state agency, district or education institution must obtain written consent from parents or eligible students before collecting biometric records, defined to include a DNA sequence. Referred to education on 3/5/2014.
Idaho State Statute
opens new window Idaho: IC §39-8301 et seq.
Employment Nondiscrimination,
Privacy
An employer may not (1) access or otherwise take into account private genetic information, (2) request or require consent to a release of private genetic information, (3) request or require a genetic test, or (4) inquire about taking or refusal to take a genetic test in connection with a hiring, promotion, retention or other related decision. An exception is made under certain circumstances for an order compelling disclosure of private genetic information.
Idaho State Statute
opens new window Idaho: IC §41-1313
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
With respect to disability insurance or any health benefit plan, no person may discriminate on the basis of a genetic test or private genetic information in the issuance of coverage or the fixing of rates, terms or conditions.
Idaho State Statute
opens new window Idaho: IC §§41-2221
41-3940
and 41-4708
Health Insurance Nondiscrimination General managed care plans and health benefit plans covering large and small employers may not treat genetic information in the absence of a diagnosis as a pre-existing condition.
Illinois 2007 State Bills
opens new window Illinois 2007 SB 1365
Health Insurance Coverage This bill requires coverage for a mammogram at the age and intervals considered medically necessary by the woman's health care provider for women under 40 years of age and having a family history of breast cancer, prior personal history of breast cancer, positive genetic testing, or other risk factors. This bill also requires coverage for a comprehensive ultrasound screening of an entire breast or breasts if a mammogram demonstrates heterogeneous or dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology or if the woman is at increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing, or other indications as determined by a woman's health care provider. Signed by the Governor August 24, 2007.
Illinois 2007 State Bills
opens new window Illinois 2007 SB 939
Employment Nondiscrimination,
Privacy
This bill amends the Genetic Information Privacy Act and makes technical changes to the section of the law pertaining to employers. Measure failed.
Illinois 2007 State Bills
opens new window Illinois 2007 SB 940
Privacy This bill was introduced as an amendment to the Genetic Information Privacy Act. All language was stricken in a senate amendment and new language was added related to firearms.
Illinois 2007 State Bills
opens new window Illinois 2007 SB 941
Privacy This bill was introduced as an amendment to the Genetic Information Privacy Act. All language was stricken in a senate amendment and new language was added related to cancer drugs.
Illinois 2008 State Bills
opens new window Illinois 2008 SB 2399
Employment Nondiscrimination,
Privacy
This bill amends the Genetic Information Privacy Act. The bill adds and amends definitions under the law, makes changes to the employment provisions, adds requirements to be consistent with federal laws such as GINA, and further specifies prohibited actions by covered entities. Monetary penalties are increased, and a private right of action is afforded to any person alleging a violation of the law. The bill allows local governments to enact genetic privacy measures equal to or greater than the protections provided under state law. Approved by the Governor August 26, 2008.
Illinois 2009 State Bills
opens new window Illinois 2009 SB 2493
Health Insurance Nondiscrimination This bill deletes provisions in the statutes related to pre-existing conditions and the treatment on genetic information as such a condition. Measure failed.
Illinois 2012 State Bills
opens new window Illinois 2012 HB 6248
Health Insurance Coverage The Department of Healthcare and Family Services must authorize the provision of, and payment for, a baseline mammograms for women 35-39 and mammograms at certain intervals for women over 40. Women under 40 with risk factors such as positive genetic testing should receive mammograms as medical necessary. Measure failed.
Illinois 2014 State Bills
opens new window Illinois 2014 HB 5925
Privacy Amends the Genetic Information Privacy Act to add a provision related to electronic health records. The bill states that the disclosure of genetic information, when allowed, must be performed in accordance with the minimum necessary standard when required under HIPAA. Referred to Assignments on 4/9/2014.
Illinois 2014 State Bills
opens new window Illinois HB 5998
Privacy Amends the Genetic Information Privacy Act. Makes a technical change in a section concerning the short title.
Illinois State Statute
opens new window Illinois: 215 ILCS 5/356v
Health Insurance Nondiscrimination An insurer must comply with the provisions of the Genetic Information Privacy Act in connection with the amendment, delivery, issuance, or renewal of, or claims for or denial of coverage under, an individual or group policy of accident and health insurance. Genetic information may not be treated as a pre-existing condition in the absence of a diagnosis of the condition under the Illinois Health Insurance Portability and Accountability Act.
Illinois State Statute
opens new window Illinois: 215 ILCS 97/20 and 97/25
Health Insurance Nondiscrimination A group health plan and a health insurance issuer offering group health insurance coverage may not impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis or establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information.
Illinois State Statute
opens new window Illinois: 410 ILCS 513/1 et seq.
Employment Nondiscrimination,
Health Insurance Nondiscrimination,
Privacy
Genetic information may only be released to the individual tested and to other authorized persons with a few exceptions. An insurer may not seek information derived from genetic testing for use in connection with a policy of accident and health insurance, and an insurer that receives this information may not use it for non-therapeutic purposes unless the favorable results of a genetic test are voluntarily submitted. An employer, employment agency, labor organization, and licensing agency must treat genetic testing and genetic information in a manner that is consistent with federal law, including but not limited to the Genetic Information Nondiscrimination Act of 2008. Prohibited actions by employers, employment agencies and labor organizations are specified. No person may disclose the identity of any person upon whom a genetic test is performed or the results of a genetic test in a manner that permits identification of the subject of the test with some exceptions.
Illinois State Statute
opens new window Illinois: ILCS 215 ILCS 5/356g
Health Insurance Coverage Individual and group health insurers must provide coverage for a mammogram at the age and intervals considered medically necessary by the woman's health care provider for women under 40 years of age and having a family history of breast cancer, prior personal history of breast cancer, positive genetic testing, or other risk factors. Coverage for a comprehensive ultrasound screening of an entire breast or breasts also is required if a mammogram demonstrates heterogeneous or dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology or if the woman is at increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing, or other indications as determined by a woman's health care provider.
Indiana State Statute
opens new window Indiana: IC § 16-41-17-10
Use of Residual Newborn Screening Specimens The state health department must develop a system for using, for epidemiological survey and research purposes, any waste blood specimen left over after newborn screening. Waste blood specimens used for the purpose of epidemiological survey may not include the name or other identifying characteristics that would identify the individual submitting the specimen.
Indiana State Statute
opens new window Indiana: IC §16-39-5-2
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
An insurer (except a life insurance company) may not obtain genetic screening or testing results without a separate written consent from an individual, but these entities are not liable for inadvertent receipt of results without consent.
Indiana State Statute
opens new window Indiana: IC §27-4-1-4 and §27-8-26-1 et seq.
Health Insurance Nondiscrimination Every accident and sickness policy, contract through which an HMO furnishes health care, government self-insured health care plan, and employee welfare benefit plan may not (1) require a genetic screening or testing; (2) consider screening or testing information in a manner adverse to member, applicant or their family members; (3) inquire about genetic screening or test results, use or base a decision on such information to cancel, refuse to issue, renew or enter into a contract, limit benefits, or charge higher premiums under health care services coverage; or (4) make an adverse decision about applicants or their family based genetic testing or screening results in medical records or other reports. An insurer may consider voluntarily submitted genetic test results if they are favorable. A violation of the law is an unfair method of competition deceptive act and practice in the business of insurance.
Iowa 2010 State Bills
opens new window Iowa 2010 HF 2531
Employment Nondiscrimination This bill adds definitions to the genetic nondiscrimination in employment law. Signed by the Governor April 29, 2010.
Iowa 2010 State Bills
opens new window Iowa 2010 SF 2068
Health Insurance Nondiscrimination,
Privacy,
Research
This bill prohibits health insurers from discriminating based on genetic information or tests. Authorization is required to obtain genetic information or samples. Consent requirements are established to collect, retain, transmit or use genetic information. Exceptions under consent requirements include medical or scientific research and eduction and for use in medical repositories and registries if it does not contain personally identifiable information. Health insurers may not release genetic information without prior written authorization. Exceptions for release requirements include (1) if an individual is participating in research settings, including those governed by the federal policy for the protection of human subjects, and (2) tests conducted purely for research. Measure failed.
Iowa 2010 State Bills
opens new window Iowa 2010 SF 2215
Health Insurance Nondiscrimination,
Privacy,
Research
This bill prohibits health insurers from discriminating based on genetic information or tests. Authorization is required to obtain genetic information or samples. Consent requirements are established to collect, retain, transmit or use genetic information. Exceptions under consent requirements include medical or scientific research and eduction and for use in medical repositories and registries if it does not contain personally identifiable information. Health insurers may not release genetic information without prior written authorization. Exceptions for release requirements include (1) if an individual is participating in research settings, including those governed by the federal policy for the protection of human subjects, and (2) tests conducted purely for research. Signed by the Governor April 23, 2010.
Iowa 2011 State Bills
opens new window Iowa 2011 HF 597
Employment Nondiscrimination This bill requires a health carrier to notify a covered person of the right to request an external review and include appropriate statements and information in the written notice of a final adverse decision. Health carriers also must include with the notice an authorization form or other document developed by the state that complies with the federal Genetic Information Nondiscrimination Act. Signed by the Governor on April 28, 2011.
Iowa State Statute
opens new window Iowa: IC §514J.101 et seq.
Health Insurance Nondiscrimination A health carrier to notify a covered person of the right to request an external review and include appropriate statements and information in the written notice of a final adverse decision. Health carriers also must include with the notice an authorization form or other document developed by the state that complies with the federal Genetic Information Nondiscrimination Act.
Iowa State Statute
opens new window Iowa: IC §729.6
Employment Nondiscrimination An employer, employment agency, labor organization, licensing agency, or its employees, agents, or members may not solicit, require or administer a genetic test as a condition of employment, application, membership or licensure or affect the terms, conditions, or privileges of employment, application, membership, or licensure, of a person who obtains a genetic test. A person may not sell or interpret genetic tests for the above entities except with informed written consent for the purpose of workers compensation or biomonitoring of workplace toxins. Agreements between parties regarding pay or benefit for taking a genetic test are prohibited. The law may be enforced through civil action.
Iowa State Statute
opens new window Iowa: IC §§507B.4
513B.9A and 513B.10
Health Insurance Nondiscrimination,
Privacy,
Research
Health insurers may not discriminate based on genetic information or tests. Authorization is required to obtain genetic information or samples. Consent requirements are established to collect, retain, transmit or use genetic information. Exceptions under consent requirements include medical or scientific research and eduction and for use in medical repositories and registries if it does not contain personally identifiable information. Health insurers may not release genetic information without prior written authorization. Exceptions for release requirements include (1) if an individual is participating in research settings, including those governed by the federal policy for the protection of human subjects, and (2) tests conducted purely for research. A carrier or organized delivery system offering group health insurance coverage may not establish rules for eligibility or continued eligibility based on a health status-related factors, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis.
Kansas 2010 State Bills
opens new window Kansas 2010 HB 2501
Health Insurance Nondiscrimination As described in the supplemental bill note, this bill establishes additional restrictions on insurance companies that require larger premiums for coverage based on obtaining a genetic test or the results of a genetic test, or that adjust premiums based on obtaining a genetic test or the results of a genetic test. The bill also specifies that the genetic testing provisions in law would apply to group policies and certificates of coverage or individual policies that provide hospital, medical or surgical expense benefits. Approved by the Governor April 15, 2010.
Kansas 2010 State Bills
opens new window Kansas 2010 SB 390
Health Insurance Nondiscrimination As described in the supplemental bill note, this bill establishes additional restrictions on insurance companies that require larger premiums for coverage based on obtaining a genetic test or the results of a genetic test, or that adjust premiums based on obtaining a genetic test or the results of a genetic test. The bill also specifies that the genetic testing provisions in law would apply to group policies and certificates of coverage or individual policies that provide hospital, medical or surgical expense benefits. Approved March 22,2010.
Kansas 2014 State Bills
opens new window Kansas 2014 HB 2621
Privacy The state board, the department of education, a unified school district or local education agency may not provide any personally identifiable information of any student or teacher, including a DNA sequence, to any federal agency, any Kansas state or local agency, state or local agency outside the state of Kansas, or any other organization or entity unless under specified circumstances. Withdrawn from Committee on Taxation; Rereferred to Committee on Education on March 13, 2014.
Kansas 2014 State Bills
opens new window Kansas 2014 SB 367
Privacy Prohibits school districts from collecting biometric data from a student, including a DNA sequence, unless the student, if an adult, or the parent or legal guardian of the student, if a minor, consents in writing. 4/1/2014 Motion to accede adopted.
Kansas State Statute
opens new window Kansas: KS §§40-2209
40-2209p
40-2257
and 40-2259
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
The statutes restrict the use of genetic tests, information about whether an individual or family member has obtained a genetic test, and test results by a health insurance company, health maintenance organization, nonprofit medical and hospital, dental, optometric or pharmacy corporation, or a group subject to K.S.A. 12-2616 et seq. offering group policies and certificates of coverage or individual policies providing hospital, medical or surgical expense benefits. These entities may not require any individual, as a condition of enrollment or continued enrollment, higher premiums or contributions or than a similarly situated individual based on a genetic test or adjust premium or contribution amounts based on a genetic test. An accident or sickness insurer may not deny coverage based on a health status-related factors, including genetic information, and group policies providing hospital, medical or surgical expense benefits may not impose pre-existing condition exclusions based on genetic information in the absence of a diagnosis. The use of such information by an insurer writing life insurance, disability income insurance or long-term care insurance coverage also is restricted unless it is for the purpose of writing life insurance coverage. Life, disability income or long-term care insurers also may not provide for rates or any other aspect of coverage that is not reasonably related to the risk involved.
Kansas State Statute
opens new window Kansas: KS §§44-1002 and 44-1009
Employment Nondiscrimination An employer may not (1) seek to obtain, obtain or use genetic screening or testing information of an employee or a prospective employee to discriminate against an employee or a prospective employee or (2) subject any employee or prospective employee to any genetic screening or test.
Kentucky 2010 State Bills
opens new window Kentucky 2010 SB 155
Health Insurance Nondiscrimination,
Privacy
This bill prohibits the adjustment of premium or contribution amounts based on genetic information; prohibits an insurer from requesting or requiring a genetic test of a member unless made pursuant to the Common Rule, equivalent federal regulations or any applicable administrative regulation for the protection of human subjects in research; prohibits the use of genetic information for underwriting purposes; prohibits the request, requirement, or purchase of genetic information by an insurer prior to an individual's enrollment under a plan; precludes insurers from requiring genetic information for eligibility for health insurance in the individual market; and prohibits the use of genetic information for the purpose of imposing any pre-existing condition exclusion. Measure failed.
Kentucky 2014 State Bills
opens new window Kentucky 2014 HB 190
Health Insurance Coverage Establishes mandated coverage requirements of genetic testing for mutations of the BRCA1 or BRCA2 genes for insured who are at risk of breast cancer or ovarian cancer or who have been diagnosed with breast or ovarian cancer under the age of forty. As of January 14, 2014 in House Banking and Insurance Committee.
Kentucky 2014 State Bills
opens new window Kentucky 2014 HB 5
Privacy The bills governs the use of personal information by state institutions. The definition of personal information includes a biometric or genetic print. Signed by the Governor on April 10, 2014.
Kentucky State Statute
opens new window Kentucky: KRS Chapter 61
Privacy Public agencies and nonaffiliated third parties must implement, maintain, and update security procedures and practices to safeguard personal information, including a biometric or genetic print.
Kentucky State Statute
opens new window Kentucky: KRS §304.12-085
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination,
Privacy
Individual or group health benefit plan or insurers may not (1) deny, cancel, or refuse to renew the benefits or coverage, or vary the premiums, terms, or conditions for the benefits or coverage, for any participant or beneficiary based on a genetic test for which symptoms have not manifested or a request or receipt of genetic services or (2) disclose any genetic test without prior authorization for each disclosure. A group or individual health benefit plan or insurer or a disability income insurer may not request or require the disclosure of any genetic test about a participant or beneficiary without prior written authorization for each disclosure.
Kentucky State Statute
opens new window Kentucky: KRS §304.17A-200 et seq.
Health Insurance Nondiscrimination An insurer that offers health benefit plan coverage in the small group, large group, or association market may not establish rules for eligibility based on health status-related factors, including genetic information. Health insurers offering individual health benefit plan coverage may not impose a pre-existing conditions exclusion based on genetic information in the absence of a diagnosis.
Louisiana 2009 State Bills
opens new window Louisiana 2009 HB 406
Privacy,
Research
This bill amends Louisianas genetic nondiscrimination in health insurance law. The definition of genetic information and genetic test is revised. The bill also prohibits health insurers from requesting, requiring or purchasing genetic information; requesting or requiring a genetic testing (with some exceptions); establishing rules for eligibility based on genetic information; adjusting premium or contribution amounts based on genetic information; or imposing a pre-existing condition exclusion based on genetic information. An insurer may request that an individual or a family member undergo a genetic test for research that complies with the Common Rule. Signed by the Governor July 7, 2009.
Louisiana 2012 State Bills
opens new window Louisiana 2012 HB 637
Employment Nondiscrimination This bill changes the person in charge of promulgating regulations for genetic monitoring from the executive director of the Louisiana Workforce Commission to the chairman of the Louisiana Commission on Human Rights. Measure failed.
Louisiana 2014 State Bills
opens new window Louisiana 2014 HB 744
Employment Nondiscrimination Retains present law and extends the definition of "discriminatory practice in connection with employment" to include all of the discrimination statutes in present law, which would add veterans, pregnancy, childbirth, and related medical conditions, sickle cell trait, and genetic information. 3/10/2014 Read by title, under the rules, referred to the Committee on Labor and Industrial Relations.
Louisiana 2014 State Bills
opens new window Louisiana 2014 SB 412
Employment Nondiscrimination retains present law and extends the definition of "discriminatory practice in connection with employment" to include all of the discrimination statutes, which would add veterans, pregnancy, childbirth, and related medical conditions, sickle cell traits, and genetic information. Introduced in the Senate; read by title. Rules suspended. 3/10/2014 Read second time and referred to the Committee on Labor and Industrial Relations.
Louisiana State Statute
opens new window Louisiana: LRS 22:1023
40:2210
and 22: 1097
Health Insurance Nondiscrimination,
Privacy,
Research
The statutes prohibit discrimination based on genetic information of an individual or family member or the request or receipt of genetic services by a hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, health and accident insurance policy, preferred provide organization or any other insurance contract of this type. Other restrictions also are placed on these entities with respect to genetic information and testing. An insurer offering individual or group health insurance coverage may request a genetic test if the request is made in compliance with the Common Rule and other specified criteria are met. Exceptions under the law include anonymous research where the identity of the subjects will not be released. An insured or enrollees genetic information is the property of the individual to whom it pertains and may not be retained without authorization with some exceptions. Civil penalties for violations are set forth.
Louisiana State Statute
opens new window Louisiana: LRS 22:1061 and1063
Health Insurance Nondiscrimination A group health plan, and a health insurance issuer offering group health insurance coverage may not use genetic information in the absence of a diagnosis as the basis for a pre-existing condition exclusion or establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information.
Louisiana State Statute
opens new window Louisiana: LRS 22:1964
Health Insurance Nondiscrimination It is an unfair method of competition and deceptive act and practice in the business of insurance to discriminate against an insured, enrollee, or beneficiary in the issuance, payment of benefits, withholding of coverage, cancellation or nonrenewal of a policy, contract, plan, or program based upon the results of a genetic test or receipt of genetic information. Actions of an insurer or third parties dealing with an insurer taken in the ordinary course of business in connection with the sale, issuance or administration of a life, disability income, or long-term care insurance policy are exempt from the law.
Louisiana State Statute
opens new window Louisiana: LRS 23:302
23:352 and 23:368
Employment Nondiscrimination,
Research
An employer, labor organization, or employment agency may not (1) discriminate against any employee based on genetic information, (2) require, collect, purchase, or disclose genetic information or information about a request or receipt of genetic services with respect to an employee, or (3) maintain genetic information or information about a request for or the receipt of genetic services in general personnel files. Exceptions regarding disclosure include disclosure to an occupational or other health researcher if the research complies with Part 46 of Title 45 of the Code of Federal Regulations. Additional prohibitions apply to labor organizations with respect to membership and to employers, labor organizations and employment agencies with respect to training. Employers, employment agencies and labor organizations also may not discriminate because an individual has sickle cell trait.
Maine 2009 State Bills
opens new window Maine 2009 LD 1180
Health Insurance Nondiscrimination,
Research
This bill prohibits carriers of hospital, health or dental insurance from discriminating based on genetic information, refusal to submit to a genetic test or to make available the results of a genetic test, or on the basis that an individual or dependent received a genetic test or genetic counseling. A carrier may request but not require a genetic test pursuant to the Common Rule, or equivalent federal regulations and any applicable state or local laws, rules or regulations for the protection of human subjects in research and in compliance with specified conditions. Other provisions limit the ability of carriers to request, require or purchase a genetic information for certain purposes. Signed by the Governor and Public Law as of June 3, 2009.
Maine 2013 State Bills
opens new window Maine LD 1345
Other Requires the Maine Health Care Agency to establish an affordability assurance program. The program must include rates of payment for various medical tests to detect or evaluate disease and to determine treatment, including, DNA testing. As of January 24, 2014, extension approved in Committee on Insurance and Financial Services.
Maine State Statute
opens new window Maine: MRS 22 §1711C
Privacy,
Research
An individual's health care information, including information about individual cells or their components or genetic information, is confidential. Authorization is required to disclose this information other than to the individual by the health care practitioner or facility with some exceptions. The definition of health care information excludes information that protects the anonymity of the individual by means of encryption or encoding of individual identifiers or information pertaining to or derived from federally sponsored, authorized or regulated research governed by 21 Code of Federal Regulations, Parts 50 and 56 and 45 Code of Federal Regulations, Part 46, to the extent that such information is used in a manner that protects the identification of individuals.
Maine State Statute
opens new window Maine: MRS 24A § 2159-C and 24A § 6981
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination,
Research
A carrier that issues individual or group hospital, health or dental insurance and the Dirigo Health Self-administered Plan may not discriminate against an individual or eligible dependent on the basis of genetic information, the refusal to submit to a genetic test, refusal to make available the results of a genetic test, or based on the receipt of a genetic test or genetic counseling. A carrier may request, but not require, that an individual undergo a genetic test if the request is made pursuant to research that complies with the Common Rule and other specified criteria are met. Life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurers or an annuity may not discriminate unfairly, which includes the use of genetic test results in a manner that is not reasonably related to anticipated claims experience.
Maine State Statute
opens new window Maine: MRS 24A §2204
Privacy The Insurance Information and Privacy Protection Act defines health care information to include information about individual cells or their components or genetic information.
Maine State Statute
opens new window Maine: MRS 24A §2850 and 24A §2850-C
Health Insurance Nondiscrimination An individual, group and blanket medical insurance contract subject to chapters 33 and 35 of Title 24A (with some exceptions) may not impose pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Group medical insurance contracts subject to chapter 35 of Title 24A (with some exceptions) may not establish rules for eligibility of an individual to enroll or require an individual to pay a premium or contribution that is greater than that for a similarly situated individual, based on genetic information.
Maine State Statute
opens new window Maine: MRS 5 §§19301 and 19302
Employment Nondiscrimination An employer may not fail or refuse to hire, discharge or otherwise discriminate against an employee or applicant for employment because of the individual's refusal to submit to a genetic test or refusal to provide the results of a genetic test, or based on the receipt of a genetic test or genetic counseling, except when based on a bona fide occupational qualification. The Maine Human Rights Commission has authority to enforce this provision.
Maryland 2008 State Bills
opens new window Maryland 2008 HB 29
Other Lines of Insurance Nondiscrimination This bill prohibits long-term care insurance carriers from requesting or requiring a genetic test to deny or limit coverage or charge a higher rate for the same coverage. These entities may not use the results of a genetic test, genetic information, or a request for genetic services to deny or limit coverage or charge a higher rate for the same coverage except that genetic information or the results of a genetic test may be used for such purposes if based on sound actuarial principles. Approved by the Governor May 22, 2008.
Maryland 2008 State Bills
opens new window Maryland 2008 SB 918
Other Lines of Insurance Nondiscrimination This bill prohibits long-term care insurance carriers from requesting or requiring a genetic test to deny or limit coverage or charge a higher rate for the same coverage. These entities may not use the results of a genetic test, genetic information, or a request for genetic services to deny or limit coverage or charge a higher rate for the same coverage except that genetic information or the results of a genetic test may be used for such purposes if based on sound actuarial principles.
Maryland 2009 State Bills
opens new window Maryland 2009 HB 1
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
This bill repeals an exemption for disability insurance under the state genetic nondiscrimination law and amends the definition of genetic information used in the health insurance nondiscrimination law. Measure failed.
Maryland 2009 State Bills
opens new window Maryland 2009 HB 11
Health Insurance Nondiscrimination This bill provides an individual with a right to civil if the state genetic nondiscrimination insurance statutes are violated. Measure failed.
Maryland 2009 State Bills
opens new window Maryland 2009 HB 12
Privacy This bill restricts access to, use of and retention of DNA samples and disclosure of DNA test results without consent with some exceptions. The bill also provides personal property rights to DNA samples and DNA test results. The bill requires the health department to develop a uniform written informed consent form. Civil and criminal penalties are set forth, and individuals whose rights are violated may bring civil action. Measure failed.
Maryland 2009 State Bills
opens new window Maryland 2009 HB 2
Other Lines of Insurance Nondiscrimination This bill prohibits an insurer from requesting or requiring a genetic test or from using a genetic test, the results of a genetic test, genetic information, or a request for genetic services to deny or limit life insurance coverage or benefits or to charge a different rate for the same coverage or benefits under an annuity contract; defining terms; and providing for an exception if the use is based on sound actuarial principles. Measure failed.
Maryland 2009 State Bills
opens new window Maryland 2009 SB 1
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
This bill prohibits an insurer from requesting or requiring a genetic test or from using a genetic test, the results of a genetic test, genetic information, or a request for genetic services to deny or limit life insurance coverage or benefits or to charge a different rate for the same coverage or benefits under an annuity contract; defining terms; and providing for an exception if the use is based on sound actuarial principles. Measure failed.
Maryland 2009 State Bills
opens new window Maryland 2009 SB 2
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
This bill repeals an exemption for disability insurance under the state genetic nondiscrimination law and amends the definition of genetic information used in the health insurance nondiscrimination law. Measure failed.
Maryland 2009 State Bills
opens new window Maryland 2009 SB 54
Privacy This bill restricts access to, use of and retention of DNA samples and disclosure of DNA test results without consent with some exemptions. The bill also provides personal property rights to DNA samples and DNA test results and requires the health department to develop a uniform written informed consent form. Penalties are set forth for violations. Measure failed.
Maryland 2009 State Bills
opens new window Maryland 2009 SB 57
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
This bill provides an individual with a right to civil if the state genetic nondiscrimination insurance statutes are violated. Measure failed.
Maryland 2010 State Bills
opens new window Maryland 2010 HB 1351
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
This bill amends provisions of law that relate to the use of genetic tests and genetic information by an insurer, nonprofit health service plan, or health maintenance organization. The bill also amends provisions related to the use of genetic information in disability insurance, longterm care insurance, or life insurance. Measure failed.
Maryland 2010 State Bills
opens new window Maryland 2010 HB 504
Employment Nondiscrimination This bill amends the employment discrimination law to state that an unlawful employment practice is established, including discrimination based on genetic information, when the complainant demonstrates that genetic information was a motivating factor for any employment practice even though other factors motivated the practice. Measure failed.
Maryland 2013 State Bills
opens new window Maryland 2013 HB 1430
Other Creates the task force on pharmacogenomics to examine questions related to pharmacogenomics, including how the State can adopt genomic testing as the standard of care for patients. Died.
Maryland 2013 State Bills
opens new window Maryland 2013 HB 959
Privacy Sets forth requirements for governmental units, including an executive, legislative or judicial agency, a department, a board, a commission, an authority, a public institution of higher education, or a unit or instrument of the state that collects or discloses personal information. Defines personal information to include an individual's genetic print. Died.
Maryland 2013 State Bills
opens new window Maryland 2013 HB 960
Privacy Requires certain businesses, when destroying a customers records that contain personal or private information of the customer, to take specific steps to protect against unauthorized access to or use of the information. Personal information is defined to include an individual's genetic print. Died.
Maryland 2013 State Bills
opens new window Maryland 2013 SB 676
Privacy Sets forth requirements for governmental units, including an executive, legislative or judicial agency, a department, a board, a commission, an authority, a public institution of higher education, or a unit or instrument of the state that collects or discloses personal information. Defines personal information to include an individual's genetic print. Died.
Maryland 2013 State Bills
opens new window Maryland 2013 SB 859
Privacy Requires certain businesses, when destroying a customers records that contain personal or private information of the customer, to take specific steps to protect against unauthorized access to or use of the information. Personal information is defined to include an individual's genetic print. Died.
Maryland 2014 State Bills
opens new window Maryland 2014 HB 1120
Privacy,
Other
Requires the Motor Vehicle Administration to offer to an applicant for a driver?s license, identification card, or moped operator?s permit the opportunity to upgrade to an enhanced identification document. The enhanced ID will be embedded with memory and a microprocessor chip that stores biometric identifiers, which may include DNA. 3/10/2014 Unfavorable report by Environmental Matters.
Maryland 2014 State Bills
opens new window Maryland 2014 HB 851
Privacy,
Other
Permits a health insurance carrier to make available upon request an upgrade to a biometric health care identification card that can securely validate one's identity and access his or her medical history. Biometric identification is defined to include DNA. Unfavorable Report by Health and Government Operations on March 11, 2014.
Maryland 2014 State Bills
opens new window Maryland 2014 HB 906
Direct-to-Consumer Genetic Testing Authorizes a person to advertise for, solicit business in the State for, offer, or perform direct?to?consumer genetic testing only if certain conditions are met. 3/31/2014 Unfavorable Report by Health and Government Operations; Withdrawn
Maryland 2014 State Bills
opens new window Maryland 2014 SB 227
Direct-to-Consumer Genetic Testing Repeals a prohibition on advertising for or soliciting business related to direct to consumer genetic testing in the State. Unfavorable report by Finance. Withdrawn on 2/20/2014
Maryland 2014 State Bills
opens new window Maryland 2014 SB 387
Privacy Allows the Motor Vehicle Administration to offer enhanced identification. An individual who applies for enhanced identification may be asked to provide biometric identification, which is defined to include DNA. Unfavorable report by Judicial Proceedings March 4, 2014.
Maryland 2014 State Bills
opens new window Maryland 2014 Senate Bill 96
Health Insurance Nondiscrimination Amends existing law pertaining to carriers, defined as insurers, nonprofit health service plans and health maintenance organizations, that offer wellness programs. Health factors are defined to include genetic information. Carriers may seek verification from health care providers that a health factor makes it unreasonably difficult or medically inadvisable for an individual to satisfy or attempt to satisfy an otherwise applicable standard to qualify for a reward of the wellness program. Approved by the Governor April 8, 2014.
Maryland State Statute
opens new window Maryland: MD Health Code §13-2001 et seq.
Research The law prohibits research using a human subject unless the person conducts the research in accordance with the federal regulations on the protection of human subjects.
Maryland State Statute
opens new window Maryland: Md. Commercial Code §14-3501 et seq.
Privacy The law sets forth requirements for governmental units, including an executive, legislative or judicial agency, a department, a board, a commission, an authority, a public institution of higher education, or a unit or instrument of the state that collects or discloses personal information. Personal information is defined to include an individual's genetic print.
Maryland State Statute
opens new window Maryland: Md. Insurance Code §15?509
Health Insurance Nondiscrimination Insurers, nonprofit health service plans and health maintenance organizations, may seek verification from health care providers that offer wellness programs about health factors that make it unreasonably difficult or medically inadvisable for an individual to satisfy or attempt to satisfy an otherwise applicable standard to qualify for a reward of the wellness program. Health factors are defined to include genetic information.
Maryland State Statute
opens new window Maryland: Md. Insurance Code §18-120
Other Lines of Insurance Nondiscrimination Long-term care insurers may not request or require a genetic test to deny or limit the amount, extent, or kind of coverage available; charge a different rate for the same coverage; or use a genetic test, the results of a genetic test, genetic information or a request for genetic services to deny or limit the amount, extent, or kind of coverage available or charge a different rate for the same insurance except that the results of a genetic test may be used for these purposes based on sound actuarial principles.
Maryland State Statute
opens new window Maryland: Md. Insurance Code §27-208
Other Lines of Insurance Nondiscrimination Unless there is actuarial justification, an insurer may not refuse to insure or make or allow a differential in ratings, premium payments, or dividends in connection with life insurance and annuity contracts because the applicant or policyholder has the sickle-cell trait, thalassemia-minor trait, hemoglobin C trait, Tay-Sachs trait, or a genetic trait that is harmless in itself.
Maryland State Statute
opens new window Maryland: Md. Insurance Code §27-909
and Md. Health-General Code §19-706
Health Insurance Nondiscrimination,
Privacy,
Research
An insurer, nonprofit health service plan, or health maintenance organization, which does not include life insurance policies, annuity contracts, long-term care insurance policies, or disability insurance policies, may not (1) use a genetic test, the results of a genetic test, genetic information, or a request for genetic services to affect a health insurance policy or contract, (2) request or require a genetic test, the results of a genetic test, or genetic information for certain purposes, or (3) release identifiable genetic information or the results of a genetic test except for internal business and to a participating health care provider without prior written authorization. Disclosure of identifiable genetic information to an employee or authorized health care provider may only be for the purpose of providing medical care to patients or conducting research approved by an institutional review board established in accordance with federal law. The insurance commissioner has the authority to issue orders where a violation is found.
Maryland State Statute
opens new window Maryland: Md. Insurance Code §§15-1201
15-1301 and 15-1401
Health Insurance Nondiscrimination Health status-related factors, including genetic information may not be used to cancel or refuse to renew a small employer group plan or individual health plans or to establish rules for eligibility or to charge higher premiums than similarly situated individuals in a group health plan.
Maryland State Statute
opens new window Maryland: Md. State Government Code §20-601 et seq.
Employment Nondiscrimination,
Privacy
An employer may not (1) discriminate against any individual because of genetic information or because of an individuals refusal to submit to a genetic test or provide the results of a genetic test, (2) limit, segregate, or classify its employees or applicants because of genetic information or the individual's refusal to submit to a genetic test or provide the results of a genetic test, or (3) request or require a genetic test as a condition of hiring or determining benefits.
Massachusetts 2009 State Bills
opens new window Massachusetts 2009 H 3809
Health Insurance Coverage This bill requires individual accident and sickness policies, individual and group hospital service plans, the group insurance commissionplan for active and retired employees, and individual or group medical service agreement and health maintenance contract to provide benefits on a nondiscrminatory basis for diagnosis and treatment of autism. Diagnosis of autism spectrum disorders is defined to include genetic testing. Accompanied a new draft 2010 H. 4935, which was enacted.
Massachusetts 2010 State Bills
opens new window Massachusetts 2010 H 4935
Health Insurance Coverage This bill requires individual accident and sickness policies, individual and group hospital service plans, the group insurance commissionplan for active and retired employees, and individual or group medical service agreement and health maintenance contract to provide benefits on a nondiscriminatory basis for diagnosis and treatment of autism. Diagnosis of autism spectrum disorders is defined to include genetic testing. Signed by the Governor August 3, 2010.
Massachusetts 2011 State Bills
opens new window Massachusetts 2011 S 1080
Use of Residual Newborn Screening Specimens,
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination,
Privacy,
Research
This bill creates the Genetic Bill of RIghts. Genetic information is declared the exclusive property of the individual from whom the information is obtained. The bill also prohibits disclosure of genetic information without informed written consent. The bill excludes newborn screening blood specimens from the definition of genetic information. The bill also excludes research from consent requirements when genetic information is held by particular entities if the information is confidential research information for use in epidemiological or clinical research conducted for the purpose of generating scientific knowledge about genes or learning about the genetic basis of disease or for developing pharmaceutical and other treatments of disease. Measure failed.
Massachusetts 2013 State Bills
opens new window Massachusetts 2013 H 1909
Privacy Specifies when authorization to disclose health care information is required. Health care is defined to include genetic information. Hearing scheduled for 11/05/2013. Bill carries over into 2014 legislative session.
Massachusetts 2013 State Bills
opens new window Massachusetts 2013 H 2070
Research This bill states that any public health surveillance activity which is also research is subject to the requirements for research using human subjects. Read and referred to the committee on Senate Ways and Means on 4/7/2014.
Massachusetts 2013 State Bills
opens new window Massachusetts 2013 H 974
Health Insurance Coverage Individual or group policies of accident and sickness insurance, except policies providing supplemental coverage to Medicare or to other government programs, delivered, issued or renewed by agreement within or without the commonwealth must provide coverage for breast cancer screening technology, including, but not limited to, Magnetic Resonance Imaging (MRI) for high risk women. Coverage must be provided not less than once annually to women 25 years and older. High risk women, include, but are not limited to women who test positive for BRCA 1 or 2 or who have one or more first degree relatives that have tested positive for BRCA 1 or 2. Hearing scheduled for 03/05/2014 from 01:00 PM-04:00 PM in A-1.
Massachusetts State Statute
opens new window Massachusetts: MGL 151B §1 et seq.
Employment Nondiscrimination An employer may not discriminate against an individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification, because of genetic information. The statutes include nondiscrimination provisions that apply to other entities, including but not limited to labor organizations and employment agencies. The Massachusetts Commission against discrimination investigates complaints of unfair discrimination based on genetic information.
Massachusetts State Statute
opens new window Massachusetts: MGL 175 §108H
176A §3B
176B §5B
176G §24
176I §4A
Health Insurance Nondiscrimination A health maintenance organization, company, insurance broker, medical service corporation, non-profit hospital service corporation or preferred provider organization may not cancel, refuse to issue or renew, or make any distinction or discrimination in the amount of payment of premium or rates charged, in the length of coverage or in any of the terms and conditions based on genetic information. These entities may not require genetic tests or private genetic information.
Massachusetts State Statute
opens new window Massachusetts: MGL 175 §§108I and 120 E
Other Lines of Insurance Nondiscrimination No insurer, agent or broker authorized to issue life insurance policies, policies against disability from injury or disease or policies for long-term care may not practice unfair discrimination because of the results of a genetic test or the provision of genetic information or require an applicant to undergo a genetic test as a condition of issuance or renewal of a policy. Unfair discrimination involves discriminatory practices against persons unless such action is based on reliable information relating to the insureds mortality or morbidity and based on sound actuarial principles or actual or reasonably anticipated claim experience. These insurers may ask if an applicant has taken a genetic test.
Massachusetts State Statute
opens new window Massachusetts: MGL 176M §1 and 176J §1
Health Insurance Nondiscrimination Genetic information may not be treated as a pre-existing condition in the absence of a diagnosis under the definitions for chapter 176M on nongroup health plans and 176J on small group health insurance.
Massachusetts State Statute
opens new window Massachusetts: MGL 32A §25
175 §47AA
176A §8DD
176B §4DD
176G §4V
Health Insurance Coverage Individual accident and sickness policies, individual and group hospital service plans, the group insurance commissionplan for active and retired employees, and individual or group medical service agreement and health maintenance contract must provide benefits on a nondiscriminatory basis for diagnosis and treatment of autism. Diagnosis of autism spectrum disorders is defined to include genetic testing.
Massachusetts State Statute
opens new window Massachusetts: MGL Public Health 111 §70G
Other Lines of Insurance Nondiscrimination,
Privacy,
Research
Genetic information contained in reports or records held by hospitals, laboratories, physicians, insurance institutions and others named in the statute may not be divulged without informed written consent with some exceptions, which include in connection with life, disability, and long term care insurance, as allowable, or as confidential research information for use in epidemiological or clinical research conducted for the purpose of generating scientific knowledge about genes or learning about the genetic basis of disease or for developing pharmaceutical and other treatments of disease. Additional provisions concerning the performance of genetic tests apply to laboratories and other facilities. Organizations conducting pharmoco-economic studies in systematic research to determine the cost benefits of specific treatment for genetic based disease are exempt from the need to re-obtain informed consent. A person whose rights have been violated may bring a civil action.
Michigan 2009 State Bills
opens new window Michigan 2009 HB 5234
Health Insurance Nondiscrimination,
Research
This bill applies to insurers that provide Medicare supplement policies or certificates only. Denying or conditioning the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information is prohibited. These insurers of these policies or certificates may not (1) discriminate with respect to pricing on the basis of genetic information, (2) request or require an individual or family member to undergo a genetic test (with an exception regarding requesting a test), or (3) use the manifestation of disease in an individual as genetic information about another group members and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met. Measure failed.
Michigan 2009 State Bills
opens new window Michigan 2009 SB 744
Health Insurance Nondiscrimination,
Research
This bill applies to insurers that provide Medicare supplement policies or certificates only. Denying or conditioning the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information is prohibited. These insurers of these policies or certificates may not (1) discriminate with respect to pricing on the basis of genetic information, (2) request or require an individual or family member to undergo a genetic test (with an exception regarding requesting a test), or (3) use the manifestation of disease in an individual as genetic information about another group members and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met. Approved by the Governor December 31, 2009.
Michigan 2011 State Bills
opens new window Michigan 2011 SB 429
Health Insurance Nondiscrimination This bill allows a health insurer to request a genetic test as additional information for prior authorization. (See version passed by the Senate). Measure failed.
Michigan 2013 State Bills
opens new window Michigan 2013 HB 4275
Health Insurance Nondiscrimination An insurer may specify in writing the materials and information necessary to constitute a properly completed standard prior authorization request. The request may include patient clinical information, including, but not limited to diagnosis, chart notes, lab information, and genetic tests. Referred to Senate Committee on Insurance on April 9, 2013. Bill carries over into 2014 legislative session.
Michigan 2013 State Bills
opens new window Michigan 2013 SB 178
Health Insurance Nondiscrimination,
Privacy
Requires a workgroup to develop a standard prior written authorization methodology for prescribers. If the workgroup develops a paper form, it must allow an insurer to request and require additional information beyond the form. Additional information may include patient clinical information regarding genetic tests. Signed by the Governor May 21, 2013.
Michigan 2013 State Bills
opens new window Michigan 2013 SB 568
Privacy This bill requires the Department of Community Health to develop a model written, informed consent form for genetic testing. Health care professionals must have test subjects complete the form prior to ordering genetic testing. Referred to Committee on Health Policy on October 1, 2013. Bill carries over into 2014 legislative session.
Michigan State Statute
opens new window Michigan: MCL § 333.5431
Use of Residual Newborn Screening Specimens The statute requires the health department to develop a schedule for the retention and disposal of blood specimens. The schedule must allow for the blood specimens to be used for medical research during the established retention period, as long as the medical research is conducted in a manner that preserves the confidentiality of the test subjects and is consistent to protect human subjects from research risks under subpart A of part 46 of subchapter A of title 45 of the code of federal regulations.
Michigan State Statute
opens new window Michigan: MCL § 500.2212c
Health Insurance Nondiscrimination,
Privacy
The law requires a workgroup to develop a standard prior written authorization methodology for prescribers. If the workgroup develops a paper form, it must allow an insurer to request and require additional information beyond the form. Additional information may include patient clinical information regarding genetic tests.
Michigan State Statute
opens new window Michigan: MCL §37.1201 et seq.
Employment Nondiscrimination An employer may discriminate against an individual because of genetic information that is unrelated to the individual's ability to perform the duties of a particular job or position. An employer also may not require an individual to submit to a genetic test or provide genetic information as a condition of employment or promotion. An employee may voluntarily submit genetic information that is relevant to health and safety in the workplace, and an employer may use genetic information submitted for that purpose.
Michigan State Statute
opens new window Michigan: MCL §500.3829a
Health Insurance Nondiscrimination,
Privacy
Insurers that provide Medicare supplement policies or certificates only may not deny or condition the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information. Insurers of these policies or certificates may not (1) discriminate with respect to pricing on the basis of genetic information, (2) request or require an individual or family member to undergo a genetic test (with an exception regarding requesting a test), or (3) use the manifestation of disease in an individual as genetic information about another group members and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met.
Michigan State Statute
opens new window Michigan: MCL §§333.16221
333.17020
and 333.17520
Privacy A physician or individual to whom a physician has delegated authority must obtain informed written consent to order a pre-symptomatic or predictive genetic test. Required contents of the informed consent form are specified, and the department of community health with others must develop a model consent form, which, if used, bars the test subject from bringing any civil action for damages based on failure to obtain consent. The public health department may investigate activities thought to be in violation of the law and report its findings by to the appropriate disciplinary subcommittee.
Michigan State Statute
opens new window Michigan: MCL §§500.3407b and 550.1401
Health Insurance Nondiscrimination An expense-incurred hospital, medical, surgical policy or certificate or health care corporation may not require an insured or his or her dependent or an asymptomatic applicant or his or her asymptomatic dependent to undergo a genetic test or disclose whether a genetic test has been conducted, the results of a genetic test or genetic information. The law allows issuers of expense-incurred hospital, medical, or surgical policies or certificates to require an applicant to answer questions about family history.
Minnesota 2008 State Bills
opens new window Minnesota 2008 HF 3438/SF 3138
Use of Residual Newborn Screening Specimens This bill excludes the health department's collection, use, storage and dissemination of genetic information and blood specimens for testing infants for heritable and congenital disorders from the law governing genetic information collected by a government entity. The bill also requires that parents are provided information about how specimens may be used and allows parents to opt out of public health studies or research. Measure failed.
Minnesota 2008 State Bills
opens new window Minnesota 2008 HF 1905
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
This bill modifies the definition of genetic test under the Genetic Insurance Discrimination Act and adds a new section restricting the use of genetic information in individual and group life, disability income and long-term care insurance. For underwriting and ratemaking purposes, these insurers may not request or require a genetic test, use genetic test results other than those in the medical record or use genetic test results in the medical record without claims experience, substantial data or actuarial justification. Measure failed.
Minnesota 2008 State Bills
opens new window Minnesota 2008 HF 4242
Direct-to-Consumer Genetic Testing This bill requires any person who provides a specimen collection kit to a resident of Minnesota for the purpose of collecting genetic material to perform a genetic test to first provide the resident with the disclosure, as described in the legislation. The bill also requires a study to determine which companies and laboratories are providing direct-to-consumer genetic tests to Minnesota residents. Measure failed.
Minnesota 2009 State Bills
opens new window Minnesota 2009 HF 1341
Use of Residual Newborn Screening Specimens This bill excludes the health department's collection, use, storage and dissemination of genetic information and blood specimens for testing infants for heritable and congenital disorders from the law governing genetic information collected by a government entity. The bill also requires that parents are provided information about how specimens may be used and allows parents to opt out of public health studies or research. Measure failed.
Minnesota 2009 State Bills
opens new window Minnesota 2009 HF 1821/SF 2865
Privacy This bill adds third generation pedigrees to health data protections that apply to the state health department. This bill also requires government entities to obtain written informed consent to collect genetic information and human biological specimens. Consent must include the purpose for collection, the length of retention, and any dissemination outside the organization that will occur. Measure failed.
Minnesota 2009 State Bills
opens new window Minnesota 2009 HF 1853/SF 1653
Health Insurance Nondiscrimination,
Research
This bill applies to insurers that provide Medicare supplement policies or certificates only. Denying or conditioning the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information is prohibited. These insurers of these policies or certificates may not (1) discriminate with respect to pricing on the basis of genetic information, (2) request or require an individual or family member to undergo a genetic test (with an exception regarding requesting a test), or (3) use the manifestation of disease in an individual as genetic information about another group members and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met. Approved by the governor May 22, 2009.
Minnesota 2009 State Bills
opens new window Minnesota 2009 HF 901
Privacy This bill amends the definition of genetic information and creates a new section of the state genetic privacy law to separate the provisions that apply to government entities versus any person. The requirements imposed on government entities and any person with respect to written informed consent and appropriate use of genetic information are identical. Measure failed.
Minnesota 2009 State Bills
opens new window Minnesota 2009 HF 902
Privacy,
Research
This bill creates personal property rights human biological specimens, defined as tissues, organs and body parts from which DNA may be isolated and requires written informed consent for the use of biological specimens in medical or genetic research. Consent forms must provide at least three options, including consent for a specific research project, consent for future research projects that are yet undefined, or consent for future research projects that are yet undefined, contingent on the research entity returning to seek specific written informed consent if the project is or could be considered controversial. The bill allows limited use of biological specimens for the calibration of laboratory equipment. Measure failed.
Minnesota 2009 State Bills
opens new window Minnesota 2009 SF 1653
Health Insurance Nondiscrimination This bill adds supplemental Medicare policies to health insurance plans covered under the state Genetic Discrimination Act. HF 1853, which was approved by the Governor, was substituted for this bill.
Minnesota 2010 State Bills
opens new window Minnesota 2010 HF 1681
Direct-to-Consumer Genetic Testing This bill requires any person who provides a specimen collection kit to a resident of Minnesota for the purpose of collecting genetic material to perform a genetic test to first provide the resident with the disclosure, as described in the legislation. The bill also requires a study to determine which companies and laboratories are providing direct-to-consumer genetic tests to Minnesota residents. Measure failed.
Minnesota 2011 State Bills
opens new window Minnesota 2011 HF 1357
Direct-to-Consumer Genetic Testing This bill requires any person who provides a specimen collection kit to a resident of Minnesota for the purpose of collecting genetic material to perform a genetic test to first provide the resident with the disclosure, as described in the legislation. The bill also requires a study to determine which companies and laboratories are providing direct-to-consumer genetic tests to Minnesota residents. Measure failed.
Minnesota 2012 State Bills
opens new window Minnesota 2012 HF 2967
Use of Residual Newborn Screening Specimens During the period in which residual newborn screening specimens is retained, the health department may use blood samples and test results for newborn screening program operations. Newborn screening operations are defined to specifically exclude research, public health studies, or the development of new newborn screening tests. Signed by the Governor on May 10, 2012.
Minnesota 2012 State Bills
opens new window Minnesota 2012 HF 3025
Privacy This bill amends the definition of genetic test in the statutes regarding government data practices. Measure failed.
Minnesota 2013 State Bills
opens new window Minnesota 2013 HF 5
Privacy Requires the Minnesota Insurance Marketplace to provide any data subject asked to supply private data with a notice of rights related to the handling of genetic information. The Minnesota Insurance Marketplace is a state health benefit exchange as described in section 1311 of the federal Patient Protection and Affordable Care Act (Public Law 111-148), and further defined through amendments to the act and regulations issued under the act. March 21, 2013 Approved by the Governor.
Minnesota 2013 State Bills
opens new window Minnesota 2013 HF 589/SF 1017
Use of Residual Newborn Screening Specimens,
Privacy,
Research
This bill specifies that newborn screening activities are subject to state law on the collection, storage, use, and dissemination of genetic information. A new statute section also is created on the treatment of biological specimens and health data held by the health department and health boards. The new statute section allows the commissioner to collect, use, store, and disseminate biological specimens and health data to conduct research in a manner that is consistent with the federal common rule for the protection. SF1017--May 19, 2013 Stricken and Returned to Author. HF 589-- Second reading on March 13, 2013. Bills carry over into 2014 legislative session.
Minnesota 2013 State Bills
opens new window Minnesota 2013 SF 1234/HF 1359
Other Medical data collected, stored, used, or disseminated by or filed with the commissioner in connection with a claim for workers' compensation benefits does not constitute genetic information for the purposes of section 13.386 of the statutes. Signed by the Governor on May 18, 2013.
Minnesota 2014 State Bills
opens new window Minnesota 2014 HF 2402
Use of Residual Newborn Screening Specimens The bill amends the newborn screening law pertaining to storage of blood samples. Amendments include that if a parent, legal guardian, or individual elects against storage or revokes prior consent for storage, the blood samples must be destroyed within one week of receipt of the request, and test results must be destroyed at the earliest time allowed under Clinical Laboratory Improvement Amendments (CLIA) regulations. House rule 1.21, placed on Calendar for the Day Wednesday, April 9, 2014
Minnesota 2014 State Bills
opens new window Minnesota 2014 HF 2526
Use of Residual Newborn Screening Specimens,
Research
The bill provides options to parents regarding blood samples collected for the purpose of newborn screening, including the right to authorize in writing that the blood sample and test results may be used for public health studies or research. House rule 1.21, placed on Calendar for the Day Thursday, April 10, 2014.
Minnesota 2013 State Bills
opens new window Minnesota SF 745/HF 695
Use of Residual Newborn Screening Specimens Amends the statute governing the collection, storage, use and dissemination of genetic information by adding a section to specify that newborn screening activities are subject to the law. Requires the Commissioner of Health to evaluate the scientific and medical validity of a comprehensive and sustainable long-term storage and use plan for newborn screening test results. Approved by the Governor May 23, 2013.
Minnesota State Statute
opens new window Minnesota: MS 2013 Session Law Chapter 82
Use of Residual Newborn Screening Specimens The law requires the Commissioner of Health to evaluate the scientific and medical validity of a comprehensive and sustainable long-term storage and use plan for newborn screening test results.
Minnesota State Statute
opens new window Minnesota: MS §13.386
Use of Residual Newborn Screening Specimens,
Privacy
Genetic information may be collected by a government entity or any other person only with written informed consent, used only for the purposes stated in the consent, be stored only for the duration consented, and disseminated only with an individuals consent. Consent to allow dissemination is only valid for one year or a lesser period if specified in the consent. Newborn screening activities are covered under the law.
Minnesota State Statute
opens new window Minnesota: MS §13.7191 (Section 8 Subd. 6)
Health Insurance Nondiscrimination,
Privacy
The law requires the Minnesota Insurance Marketplace to provide any data subject asked to supply private data with a notice of rights related to the handling of genetic information. The Minnesota Insurance Marketplace is a state health benefit exchange as described in section 1311 of the federal Patient Protection and Affordable Care Act (Public Law 111-148), and further defined through amendments to the act and regulations issued under the act.
Minnesota State Statute
opens new window Minnesota: MS §144.125
Use of Residual Newborn Screening Specimens During the period in which residual newborn screening specimens is retained, the health department may use blood samples and test results for newborn screening program operations. Newborn screening operations are defined to specifically exclude research, public health studies, or the development of new newborn screening tests.
Minnesota State Statute
opens new window Minnesota: MS §176.138
Privacy,
Other
Medical data collected, stored, used, or disseminated by or filed with the commissioner in connection with a claim for workers' compensation benefits does not constitute genetic information for the purposes of §13.386 of the statutes pertaining to genetic privacy.
Minnesota State Statute
opens new window Minnesota: MS §181.974
Employment Nondiscrimination Employers or employment agencies may not administer a genetic test or request, require, or collect protected genetic information as a condition of employment or affect the terms or conditions of employment or terminate the employment of any person based on protected genetic information. A person may not provide or interpret genetic information on a current or prospective employee for an employer or employment agency. An aggrieved person may bring a civil action.
Minnesota State Statute
opens new window Minnesota: MS §62A.31
Health Insurance Nondiscrimination,
Research
An issuer of a Medicare supplement policies or certificates may not deny or condition the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information. These entities also may not discriminate with respect to pricing on the basis of genetic information; request or require an individual or family member to undergo a genetic test; or use the manifestation of disease in an individual as genetic information about another group member and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met.
Minnesota State Statute
opens new window Minnesota: MS §72A.139
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
A health plan company in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision may not (1) require or request an individual or his or her blood relative to take a genetic test, (2) make any inquiry about a genetic test or what the results of any such test were, or (3) take into consideration the fact that a genetic test was taken or refused or the results of such a test. A life insurance company or fraternal benefit society requiring a genetic test for the purpose of determining insurability for life insurance must obtain informed written consent. A violation is subject to the investigative and enforcement authority of the insurance commissioner.
Mississippi 2007 State Bills
opens new window Mississippi 2007 HB 233
Health Insurance Nondiscrimination This bill creates the Genetic Information Nondiscrimination in Health Insurance Act, which prohibits health benefits plans from denying, refusing or canceling health insurance benefits or coverage on the basis of genetic information or a request or receipt of genetic services. The bill also prohibits health benefit plan insurers from requesting or requiring a genetic test and from disclosing genetic information without prior written authorization. Penalties for violations are set forth. Measure failed.
Mississippi 2007 State Bills
opens new window Mississippi 2007 HB 266
Employment Nondiscrimination This bill prohibits employers from using genetic testing for discriminatory purposes. Civil and criminal penalties for violations are set forth. Measure failed.
Mississippi 2008 State Bills
opens new window Mississippi 2008 HB 364
Health Insurance Nondiscrimination,
Privacy
This bill creates the Genetic Information Nondiscrimination in Health Insurance Act, which prohibits health benefits plans from denying, refusing or canceling health insurance benefits or coverage on the basis of genetic information or a request or receipt of genetic services. The bill also prohibits health benefit plan insurers from requesting or requiring a genetic test and from disclosing genetic information without prior written authorization. Penalties for violations are set forth. Measure failed.
Mississippi 2009 State Bills
opens new window Mississippi 2009 HB 402
Health Insurance Nondiscrimination This bill creates the Genetic Information Nondiscrimination in Health Insurance Act, which prohibits health benefits plans from denying, refusing or canceling health insurance benefits or coverage on the basis of genetic information or a request or receipt of genetic services. The bill also prohibits health benefit plan insurers from requesting or requiring a genetic test and from disclosing genetic information without prior written authorization. Penalties for violations are set forth. Measure failed.
Mississippi 2010 State Bills
opens new window Mississippi 2010 HB 378
Health Insurance Nondiscrimination This bill creates the genetic nondiscrimination in health insurance act. No health benefit plan may cancel, deny or refuse to renew benefits or coverage based on genetic information. This bill also places restrictions on health benefit plan's ability to request or require disclosure of genetic information. Measure failed.
Mississippi 2010 State Bills
opens new window Mississippi 2010 HB 825
Health Insurance Nondiscrimination This bill prohibits group health benefit plans from imposing pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Measure failed.
Mississippi 2011 State Bills
opens new window Mississippi 2011 HB 904
Health Insurance Nondiscrimination Genetic information may not be excluded as a preexisting condition in the absence of a diagnosis of the condition related to the genetic information. Measure failed.
Mississippi 2012 State Bills
opens new window Mississippi 2012 HB 497
Health Insurance Nondiscrimination In the group health market genetic information may not be excluded as a preexisting condition in the absence of a diagnosis of the condition related to the genet ic information. Measure failed.
Mississippi 2013 State Bills
opens new window Mississippi 2013 HB 1532
Employment Nondiscrimination,
Health Insurance Nondiscrimination
Prohibits any employer or insurer from using the results of DNA testing against a patient or against the patient's consanguineous family members for any discriminatory purpose. Any employer who violates this section may, upon conviction, be fined up to Five Thousand Dollars ($5,000.00) or imprisoned for not more than one (1) year, or both. Died in Committee on February 5, 2013.
Mississippi 2013 State Bills
opens new window Mississippi 2013 HB 233
Health Insurance Nondiscrimination Creates a small business health insurance pool. Genetic information may not be excluded as a preexisting condition in the small business health insurance pool in the absence of a diagnosis of the condition related to the genetic information. January 13, 2014 referred to Insurance; Ways and Means.
Mississippi 2013 State Bills
opens new window Mississippi 2013 HB 311
Employment Nondiscrimination Creates a small business health insurance pool. WIth regard to the pool, genetic information may not be excluded as a preexisting condition in the absence of a diagnosis of the condition related to the genetic information. Died in Committee on February 5, 2013.
Mississippi 2014 State Bills
opens new window Mississippi 2014 HB 172
Employment Nondiscrimination Makes it unlawful for any employer or insurer to use the results of DNA testing against a patient or against the patient's consanguineous family members for any discriminatory purpose. Any employer who violates this section shall, upon conviction, be fined up to $5,000.00 or imprisoned for not more than one year, or both. Died in Committee on February 4, 2014.
Missouri 2007 State Bills
opens new window Missouri 2007 HB 364
Health Insurance Nondiscrimination This bill, as substituted by the Senate, prohibits the treatment of genetic information as a preexisting condition in the absence of a diagnosis and prevents the establishment of rules for eligibility or continued eligibility on the basis of a health status-related factor, including genetic information, in health insurance. Measure failed.
Missouri 2007 State Bills
opens new window Missouri 2007 HB 586
Employment Nondiscrimination This bill authorizes designated administrators to take action if it is determined that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act of discrimination prohibited under the state genetic nondiscrimination laws that applies to employers. Measure failed.
Missouri 2007 State Bills
opens new window Missouri 2007 HB 818
Health Insurance Nondiscrimination This bill prohibits individual, small group and large group health insurers from treating genetic information as a pre-existing condition in the absence of a diagnosis. The bill also prohibits health insurers from establishing rules for eligibility based on genetic information. Approved by the Governor June 1, 2007.
Missouri 2007 State Bills
opens new window Missouri 2007 HB 948
Use of Residual Newborn Screening Specimens Unless otherwise directed under this section, a biological specimen may be released for purposes of anonymous scientific study. At the time of newborn screening specimen collection, the parent or legal guardian of the child from whom a biological specimen was obtained may direct the department to: (1) return the specimen after all tests have been performed; (2) destroy the specimen; or (3) store a specimen but do not release is for anonymous study. Signed by the Governor July 13, 2007
Missouri 2007 State Bills
opens new window Missouri 2007 SB 325
Employment Nondiscrimination This bill authorizes designated administrators to take action if it is determined that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act of discrimination prohibited under the state genetic nondiscrimination laws that applies to employers. Measure failed.
Missouri 2014 State Bills
opens new window Missouri 2014 HB 1873
Privacy This bill requires a state agency or education institution to obtain written consent from parents or eligible students before collecting any certain data points, including a biometric record (defined to include DNA).
Missouri 2014 State Bills
opens new window Missouri 2014 SB 819
Privacy This bill requires a state agency or education institution to obtain written consent from parents or eligible students before collecting any certain data points, including a biometric record (defined to include DNA). 4/14/2014 - S Formal Calendar S Bills for Perfection--SB 819-Wallingford, with SCS
Missouri State Statute
opens new window Missouri: MRS §191.331
Use of Residual Newborn Screening Specimens A residual newborn screening specimen is retained for five years after initial submission to the department. After five years specimens are destroyed. Unless otherwise directed, a biological specimen may be released for anonymous scientific study. At the time of collection, the parent or legal guardian of the child from whom a biological specimen was obtained may direct the department to: (1) Return a biological specimen that remains after all screening tests have been performed; (2) Destroy a biological specimen in a scientifically acceptable manner after all screening tests required have been performed; or (3) Store a biological specimen but not release the biological specimen for anonymous scientific study. A biological specimen released for anonymous study may not contain information that may be used to determine the identity of the donor. The department has authority over the use, retention, and disposal of biological specimens and related information collected in connection with newborn screening tests. The use of such specimens and related information is for public health purposes and must comply with all applicable provisions of federal law. The department may charge a reasonable fee for the use of such specimens for public health research and preparing and supplying specimens for research proposals approved by the department.
Missouri State Statute
opens new window Missouri: MRS §§375.1300 and 375.1303
Health Insurance Nondiscrimination An insurer in making any underwriting decision may not (1) require or request a person or his/her blood relative to provide genetic information or take a genetic test, (2) inquire about a genetic test or what the results of any such test were unless given approval by that person, or (3) consider without the approval of such person the fact that genetic information or a genetic test was taken or refused by a person or blood relative of the person or the results of a test. A violation is an unfair trade practice. The law does not apply to any policy, contract or certificate of life insurance, reinsurance, disability income or long-term care coverage.
Missouri State Statute
opens new window Missouri: MRS §§375.1300 and 375.1306.1
Employment Nondiscrimination An employer may not use genetic information or genetic test results of an employee or prospective employee to distinguish between, discriminate against, or restrict any right or benefit otherwise due or available to such employee or prospective employee. Exceptions are provided for the underwriting of group life, disability income and long-term care insurance, actions required by law or regulation, action taken with written permission of an employee or prospective employee, and the use of genetic information when it is directly related to job performance and assigned responsibilities.
Missouri State Statute
opens new window Missouri: MRS §§375.1300 and 375.1309
Privacy,
Research
This section of the law is applicable to all insurance companies. A person who creates, stores, receives or furnishes genetic information must hold such information as confidential medical records and must obtain written authorization to disclose genetic information. Exceptions include statistical data compiled without reference to the identity of an individual, health research conducted in accordance with the provisions of the federal Common Rule, and health research using medical archives or databases in which the identity of individuals is protected from disclosure by coding or encryption, or by removing all identities. The director of insurance has the authority to enforce these provisions.
Missouri State Statute
opens new window Missouri: MRS §§376.450
376.451
379.930
and 379.940
Health Insurance Nondiscrimination A health insurance issuer offering group health insurance coverage may not establish rules for eligibility or continued eligibility of any individual to enroll under the terms of the group health plan based on health status-related factors, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. A small employer carrier may apply reasonable criteria in determining whether to accept a small employer into a class of business, provided that the criteria are not based on a health status-related factor, including genetic information.
Montana 2010 State Bills
opens new window Montana 2010 HB 128
Health Insurance Nondiscrimination This bill amends the health insurance statutes and prohibits a group health plan or a health insurance issuer offering group health insurance coverage from imposing a preexisting condition exclusion on an individual under 19 years of age because of a preexisting condition. Genetic information may not be treated as a pre-existing condition under existing law. Measure failed.
Montana 2010 State Bills
opens new window Montana 2010 HB 183
Other Lines of Insurance Nondiscrimination This bill amends the genetic nondiscrimination law pertaining to life and disability insurance to exclude high deductible plans. Measure failed.
Montana 2013 State Bills
opens new window Montana 2013 HB 441
Health Insurance Coverage Each group or individual medical expense, cancer, and blanket disability policy, certificate of insurance, and membership contract must provide minimum mammography examination coverage. The definition of minimum mammography examination is amended to include: a) a mammogram each year for a woman who is under 35 years of age if: (i) the woman has two or more first-degree family members diagnosed with breast cancer or ovarian cancer; (ii) genetic tests indicate the woman is at higher risk for breast cancer; or (iii) the woman's physician recommends the test. Died in Standing Committee on April 24, 2013.
Montana 2013 State Bills
opens new window Montana 2013 SB 270
Health Insurance Coverage Requires each group or individual policy, certificate of disability insurance, subscriber contract, membership contract, or health care services agreement that provides coverage for health care services to provide coverage for health care services provided by a health care provider or health care facility by means of telemedicine if the services are otherwise covered by the policy, certificate, contract, or agreement. Health care providers are defined to include genetic counselors certified by the American Board of Genetic Counseling. Signed by the Governor April 5, 2013.
Montana 2013 State Bills
opens new window Montana 2013 SB 383
Health Insurance Nondiscrimination A health insurance issuer offering individual health insurance coverage in this state may not establish rules for eligibility or adjust premiums for any individual or individual's dependent to enroll in individual health insurance coverage based on genetic information. Individual health insurance issuers also may not impose any preexisting condition exclusion on the basis of genetic information or request or require an individual or a family member of an individual to undergo a genetic test. Died in Standing Committee on April 24, 2013.
Montana State Statute
opens new window Montana: MCA §33-18-206
Other Lines of Insurance Nondiscrimination Unfair discrimination between individuals of the same class and equal expectation of life in any contract of life insurance or of life annuity is prohibited. Unfair discrimination between individuals of the same class and of essentially the same hazard for disability insurance is prohibited. An insurer may not refuse to consider an application for life or disability insurance on the basis of a genetic condition. The rejection of an application or the determining of rates, terms, or conditions of a life or disability insurance contract is permissible if the applicant's medical condition and history as well as either claims experience or actuarial projections establish that substantial differences in claims are likely to result from the genetic condition.
Montana State Statute
opens new window Montana: MCA §33-18-901 et seq.
Health Insurance Nondiscrimination,
Research
An insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance may not discriminate based on a persons genetic traits. These entities also may not underwrite or condition coverage on a requirement or agreement to take a genetic test or on genetic information of an individual or his or her family member, and they may not seek genetic information for a purpose that is unrelated to assessing or managing ones health, inappropriate in an asymptomatic individual, or unrelated to research in which a subject is not personally identifiable. These entities may not require an individual to obtain a genetic test also with some exceptions. The law does not apply to life, disability income or long-term care insurance.
Montana State Statute
opens new window Montana: MCA §§33-22-514 and 33-22-526
Health Insurance Nondiscrimination A group health plan or a health insurance issuer offering group health insurance coverage may not impose a pre-existing condition exclusion based on genetic information. A group health plan or a health insurance issuer offering group health insurance coverage may not establish rules for eligibility or continued eligibility of any individual to enroll under the terms of the group health plan based on health status-related factors, including genetic information.
Nebraska 2010 State Bills
opens new window Nebraska 2010 LB 1038
Privacy This bill amends section 71-551 of the statutes on genetic testing. Proposed changes address the types of genetic tests covered under law and and consent requirements. Measure failed.
Nebraska State Statute
opens new window Nebraska: NRS §44-7
100
Health Insurance Nondiscrimination Any hospital, medical, or surgical expense-incurred policy or certificate and self-funded employee benefit plan to the extent not preempted by federal law may not require a covered person or his or her dependent or an asymptomatic applicant for coverage or his or her asymptomatic dependent to undergo any genetic test before issuing, renewing, or continuing the policy or certificate. This does prohibit requiring an applicant for coverage to answer questions concerning family history.
Nebraska State Statute
opens new window Nebraska: NRS §44-787
Health Insurance Nondiscrimination A health carrier that decides to discontinue offering a particular type of individual policy or contract in the state and offer another option of coverage must act uniformly without regard to health status-related factors related to any covered individual, including genetic information. A health carrier offering a network health plan must terminate coverage uniformly, as permitted, without regard to health status-related factors, including genetic information.
Nebraska State Statute
opens new window Nebraska: NRS §48-236
Employment Nondiscrimination An employer may not discriminate against an employee or applicant because of genetic information that is unrelated to the ability to perform the duties of a particular job or position. An employer also may not require an employee or applicant to submit to a genetic test or to provide genetic information as a condition of employment or promotion. An employee may voluntarily submit genetic information that is related to heath and safety in the workplace.
Nebraska State Statute
opens new window Nebraska: NRS §71-519
Use of Residual Newborn Screening Specimens The health department must adopt and promulgate rules and regulations relating to the use of residual newborn screening specimens and related information. Use may only be made for public health purposes and must comply with all applicable provisions of federal law. The department may charge a reasonable fee for evaluating proposals relating to the use of such specimens for public health research and for preparing and supplying specimens for research proposals approved by the department. The health department also must develop a pamphlet which explains that residual newborn blood specimens may be used for approved public health research.
Nebraska State Statute
opens new window Nebraska: NRS §71-551
Privacy A physician or an individual to whom the physician has delegated authority to perform a selected act, task, or function may not order a predictive genetic test without prior written informed consent and in the manner specified with some exceptions such as newborn screening. The health department must develop a model informed consent form that, if used, bars the person tested from bringing any civil action on the basis that consent was not obtained.
Nebraska State Statute
opens new window Nebraska: NRS §§44-5242.02 and 5246.02
Health Insurance Nondiscrimination Under the Small Employer Health Insurance Availability Act, health status-related factor is defined to include genetic information and pre-existing condition is defined to exclude genetic information in the absence of a diagnosis.
Nebraska State Statute
opens new window Nebraska: NRS §§44-6910 et seq.
Health Insurance Nondiscrimination A health benefit plan may not treat genetic information as a pre-existing condition in the absence of a diagnosis. A health carrier may not establish rules for eligibility and continued eligibility of any individual to enroll under the terms of the health benefit plan based on a health status-related factor, including genetic information.
Nebraska State Statute
opens new window Nebraska: NRS §§77-5518
5519
5534 and 5537
Employment Nondiscrimination In order for a company to be eligible for the wage benefit credit or the investment tax credit under the Invest Nebraska Act, the company must file an application for an agreement with the board, which must contain a copy of the written policy of the company prohibiting the company, as required by law, from requiring as a condition of employment or promotion at the project that an employee or an individual applying for employment at the project submit to a genetic test or provide genetic information outside of the scope of normal blood testing.
Nevada 2007 State Bills
opens new window Nevada 2007 AB 578
Research This bill prescribes the requirements for surrogate decision makers to give informed consent for certain human subject research. Measure failed.
Nevada 2009 State Bills
opens new window Nevada 2009 SB 388
Health Insurance Nondiscrimination This bill requires health insurers to comply with the Genetic Information Nondiscrimination Act. Measure failed.
Nevada 2009 State Bills
opens new window Nevada 2009 SB 426
Employment Nondiscrimination,
Health Insurance Nondiscrimination,
Privacy
This bill requires health insurers to comply with the Genetic Information Nondiscrimination Act. Signed by the Governor May 29, 2009.
Nevada State Statute
opens new window Nevada: NRS §613.345
Employment Nondiscrimination It is an unlawful employment practice for an employer, a labor organization or an employment agency to (1) ask or encourage a prospective or current employee or member of the labor organization to submit to a genetic test, (2) require or administer a genetic test to a person as a condition of employment or membership, or (3) deny, alter the terms, conditions or privileges of, or terminate employment or membership based on genetic information.
Nevada State Statute
opens new window Nevada: NRS §629.101 et seq.
Privacy,
Research
It is unlawful to obtain any genetic information of a person without informed consent with some exceptions, including for use in a study where the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study. It is unlawful to retain genetic information that identifies a person without first obtaining the informed consent with some exceptions. Except as otherwise provided, a person who obtains the genetic information for use in a study must destroy that information upon completion of the study or withdrawal of the person from the study. Criminal penalties and a right to civil action are established for violations.
Nevada State Statute
opens new window Nevada: NRS §§689A.417
689A.545
689A.585
689B.420
689B.450
689B.550
689B.069
689C.076
689C.082
689C.193
689C.198
695B.317
695B.318
695C.207
695C.057
and 687B.402
Health Insurance Nondiscrimination A health maintenance organization, a carrier serving small employers, a corporation that provides health insurance, individual health insurers and group health insurers may not (1) require an insured person or family member to take a genetic test or disclose whether one has been taken or (2) determine the rates or any other aspect of the coverage or benefits based on genetic information or whether the insured person or member of his family has taken a genetic test. These entities may not establish rules of eligibility based on a health status-related factor, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. The provisions to not apply to any of the above entities in terms of the issuance of a policy of health insurance that provides coverage for long-term care or disability income. Insurers or organizations that provide health coverage pursuant to sections 689A, 689B, 689C, 695A, 695B, 695C, 695D, and 695F must comply with the federal law, the Genetic Information Nondiscrimination Act.
New Hampshire 2013 State Bills
opens new window New Hampshire 2013 HB 312
Privacy This bill restricts the collection of biometric data, including DNA or RNA, by state agencies, municipalities, and political subdivisions. Passed House with amendment January 8, 2014.
New Hampshire 2014 State Bills
opens new window New Hampshire 2014 HB 1262
Privacy This bill restricts the collection, storage, and sharing of student assessment data by the United States Department of Education and the New Hampshire department of education. Student assessment data includes biometric information, which is defined to include DNA. Hearing scheduled for February 4, 2014.
New Hampshire 2014 State Bills
opens new window New Hampshire 2014 HB 1484
Privacy If newborn screening DNA sequencing is performed, the sequencing itself may only be provided to the parents and may not be retained by the hospital or other health care provider ordering the sequencing. The hospital or provider may retain any analysis and recommendations based on the sequencing. A person or entity who discloses the sequencing or any analysis or recommendations based on the sequencing without the prior written consent of the individual, or his or her parents or guardian is guilty of a misdemeanor. Hearing 04/03/2014 at 09:40 AM
New Hampshire 2014 State Bills
opens new window New Hampshire 2014 HB 1586
Privacy This bill establishes procedures for protecting the privacy of student and teacher personally-identifiable data, including DNA. Hearing 02/20/2014 at 10:00 AM
New Hampshire State Statute
opens new window New Hampshire: NHS 132:10-a
Use of Residual Newborn Screening Specimens Samples may not be used for other research or DNA testing purposes unless authorized by the parent or guardian.
New Hampshire State Statute
opens new window New Hampshire: NHS 141-H:1
141-H:4
and 141:H-6
Health Insurance Nondiscrimination A health insurer in connection with providing health insurance may not (1) require or request an individual or family member to undergo genetic testing, whether a test was taken or the results of the testing, (2) condition the provision of health insurance coverage or health care benefits on whether an individual or family member has undergone genetic testing or the results of the testing, or (3) consider in the determination of rates or any other aspect of health insurance coverage or benefits whether an individual or family member has undergone genetic testing or the results of the testing. The statutes establish a right to civil action by aggrieved individuals.
New Hampshire State Statute
opens new window New Hampshire: NHS §141-H:1
141-H:2
and 141:H-6
Privacy No individual or his/her family member may be required to undergo genetic testing as a condition of doing business with another person. Genetic testing may not be performed on any individual or anywhere on any resident of the state based on bodily materials obtained within the state without prior written and informed consent with some exceptions. Additional provisions address disclosure of results. The statutes establish a right to civil action by aggrieved individuals.
New Hampshire State Statute
opens new window New Hampshire: NHS §141-H:1
141-H:3
and 141:H-6
Employment Nondiscrimination No employer, labor organization, employment agency, or licensing agency may (1) solicit, require or administer genetic testing, or (2) affect the terms, conditions, or privileges of, or terminate employment, membership, or licensure based on genetic testing. A person may not sell or provide to these entities any genetic testing relating to an existing or prospective employee, member or licensee unless for the purpose of workers compensation or biomonitoring of workplace toxins and with informed consent. The statutes establish a right to civil action by aggrieved individuals.
New Hampshire State Statute
opens new window New Hampshire: NHS §§141-H:1
141-H:5
and 141:H-6
Other Lines of Insurance Nondiscrimination A person in the business of providing life, disability income, or long-term care insurance who obtains information about genetic testing of an individual or a family member may not use that information in writing a type of insurance coverage other than life, disability income, or long-term care insurance. An aggrieved individual may bring a civil action.
New Hampshire State Statute
opens new window New Hampshire: NHS §§420-G:6 and 420-G:7
Health Insurance Nondiscrimination Health carriers may not establish rules of eligibility or continued eligibility for health coverage based on health status related factors of any employee or dependent, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis.
New Jersey 2007 State Bills
opens new window New Jersey 2007 A4170
Employment Nondiscrimination This bill prohibits employers from (1) seeking to obtain or use a genetic test or genetic information, (2) requiring a genetic test or genetic information, (3) accessing or requesting or requiring consent to access genetic information, (4) requesting or requiring a genetic test from an individual or family member, or (5) inquiring about whether an individual or family member has taken or refused to take a genetic test. Civil penalties are set forth for violations. Measure failed.
New Jersey 2013 State Bills
opens new window New Jersey 2013 A 4306
Privacy This bill sets forth requirements for government collection of biometric identifiers, including DNA. No governmental entity shall obtain a biometric identifier of an individual without authorization of the individual, with some exceptions such as law enforcement. Died.
New Jersey 2014 State Bills
opens new window New Jersey 2014 A 191
Privacy Prohibits governmental collection of biometric identifiers without consent, including DNA. Introduced January 16, 2014.
New Jersey State Statute
opens new window New Jersey: NJS § 17B:30-12
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
No person may discriminate against an individual based on genetic information or the refusal of a genetic test with respect to hospital confinement or other supplemental limited benefit insurance. No person may make or permit any unfair discrimination against an individual in the application of the results of a genetic test or genetic information with respect to life insurance, including credit life insurance, an annuity, disability income insurance contract or credit accident insurance coverage, and, if results of a genetic test as permitted by these entities, the insurer must notify the individual who is the subject of the test that it is required and obtain the individual's prior written informed consent. The insurance commissioner has the authority to enforce these provisions.
New Jersey State Statute
opens new window New Jersey: NJS §10:5-43 et seq.
Privacy,
Research
A person may not (1) obtain genetic information from an individual or from an individual's DNA sample or (2) retain an individuals genetic information without prior informed consent with some exceptions, including for anonymous research where the identity of the subject will not be released. A DNA sample from an individual who is the subject of a research project must be destroyed promptly upon completion of the project or withdrawal of the individual from the project unless consent to retain the sample is provided. Additional provisions address retention and disclosure. The statutes set forth civil and criminal penalties for violations.
New Jersey State Statute
opens new window New Jersey: NJS §§10:5-5 and 10:5-12(a)
Employment Nondiscrimination It is an unlawful employment practice to refuse to hire or employ or to bar or to discharge or require to retire from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment based on genetic information or because of the refusal to submit to a genetic test.
New Jersey State Statute
opens new window New Jersey: NJS §§17:48-6.18
17:48A-6.11
17:48E-15.2
17B-26-3.2
17B-27-36.2
and 26:2J-15.1
Health Insurance Nondiscrimination Individual or group hospital service corporations and individual or group medical or health service corporations providing hospital or medical expense benefits, individual health insurance policies, group health insurance policies, and contracts for health care services may not exclude any person or eligible dependent or establish any rates or terms on the basis of any genetic characteristic.
New Jersey State Statute
opens new window New Jersey: NJS §§17B-27-54
17B-27-57 17B-27-64
17B:27A-2 and 17B:27A-17
Health Insurance Nondiscrimination A group health plan may not establish rules for eligibility or continued eligibility based on health status-related factors, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. Health status-related factor also is defined to include genetic information applicable to sections 1 to 15 of chapter 17B:27A, and the definition of pre-existing condition excludes genetic information in the absence of a diagnosis under provisions applicable to small employer health benefit plans.
New Mexico 2011 State Bills
opens new window New Mexico 2011 SB 205
Employment Nondiscrimination This bill enacts the Uniform Protection of Genetic Information in Employment Act on employee access to genetic information, confidentiality and retention of genetic information and disclosure of genetic information. Measure failed.
New Mexico 2012 State Bills
opens new window New Mexico 2012 SB 290
Health Insurance Nondiscrimination This bill removes language in several sections of the statutes related to health insurance, which state that genetic information is not a health status factor. Measure failed.
New Mexico 2013 State Bills
opens new window New Mexico 2013 HB 168
Health Insurance Nondiscrimination Prohibits pre-existing condition exclusions in qualified health plans in the New Mexico Health Insurance Exchange Act. Genetic information is not included as a preexisting condition for the purposes of limiting or excluding benefits in the absence of a diagnosis of the condition related to the genetic information. (Provision related to genetic information is in Committee Substitute version) Died.
New Mexico 2013 State Bills
opens new window New Mexico 2013 HB 366
Health Insurance Coverage An individual or group health insurance policy, health care plan or certificate of health insurance that is delivered or issued for delivery in New Mexico must provide certain benefits that have, in effect, a rating of "A" or "B" in the current recommendations of the United States preventive services task force, for various services, including genetic counseling and evaluation for breast cancer BRCA-gene testing for women whose family histories are associated with an increased risk for deleterious mutations in BRCA1 or BRCA2 genes. Died in Committee.
New Mexico 2013 State Bills
opens new window New Mexico 2013 SB 445
Employment Nondiscrimination,
Privacy
Enacts the Uniform Protection of Genetic Information in Employment Act. The bill also amends the Genetic Information Privacy Act. Died in Consumer and Public Affairs Committee.
New Mexico State Statute
opens new window New Mexico: NMSA §24-21-1 et seq.
Employment Nondiscrimination,
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination,
Privacy,
Research
The statutes contain provisions on the acquisition, collection, retention, transmission or use of genetic information. Consent requirements provide an exemption (1) if DNA, genetic information or results of genetic analysis are not identified with the person or person's family members or (2) for the purpose of medical or scientific research and education (including retention of gene products, genetic information or genetic analysis if the identity of the person or person's family members is not disclosed.) Discrimination by an insurer against a person or his/her family member based on genetic analysis, genetic information or genetic propensity is prohibited. Life, disability income or long-term care insurance are exempt if use is based on sound actuarial principles or related to actual or reasonably anticipated experience. Upon request a persons genetic information or samples must be promptly destroyed with some exceptions, including if retention is authorized under a research protocol approved by an institution review board pursuant to federal law. It is unlawful for a person to use genetic information in employment or recruiting. A person whose rights under the provisions of the Genetic Information Privacy Act have been violated may bring a civil action for damages or other relief.
New Mexico State Statute
opens new window New Mexico: NMSA §§59A-23C-5.1
59A-23C-7.1
59A-23E-2
59A-23E-11
and 59A-56-14
Health Insurance Nondiscrimination A health benefit plan that is offered by a carrier or an approved health plan offered to a small employer and plans subject to the Health Insurance Portability Act may not impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. A group health plan and a health insurance issuer offering group health insurance coverage may not establish rules for eligibility or continued eligibility based a health status-related factor, including genetic information. Under the Small Group Rate and Renewability Act, provisions allowing a carrier to use health status in establishing the amount an employer may be charged for coverage under a group health plan exclude genetic information from the definition of health status.
New York 2007 State Bills
opens new window New York 2007 A288
Other Lines of Insurance Nondiscrimination This bill prohibits denial, cancellation or alteration of a life or disability insurance policy or group life or disability insurance policy, including renewals, on the basis of any genetic testing performed on a insured, applicant or family member of insured or applicant. Measure failed.
New York 2007 State Bills
opens new window New York 2007 A3113
Health Insurance Coverage This bill requires health insurers to coverof genetic testing of persons with a family history of cancer when the attending physician determines such person has a significant risk of cancer. Measure failed.
New York 2007 State Bills
opens new window New York 2007 A4662
Other Lines of Insurance Nondiscrimination This bill prohibits denial, cancellation or alteration of a life or disability insurance policy or group life or disability insurance policy, including renewals, on the basis of any genetic testing performed on a insured, applicant or family member of insured or applicant. Measure failed.
New York 2007 State Bills
opens new window New York 2007 S2696
Health Insurance Nondiscrimination This bill prohibits the use of genetic information for community rating to develop small group health insurance premiums. The bill also prohibits pre-existing condition exclusions in small group health insurance policies based on genetic predisposition. Measure failed.
New York 2007 State Bills
opens new window New York 2007 S3449
Health Insurance Nondiscrimination This bill prohibits group or blanket policies that cover 51 or more employees for hospital, medical, major medical, or similar type comprehensive coverage from excluding members or dependents or establishing rates based on predisposing genetic characteristics. The bill also prohibits health insurers from requiring or using tests for or information about predisposing genetic characteristics for underwriting. The same restrictions are imposed upon hospital service corporations, health services corporation and medical expense indemnity corporations covering 51 or more employees. Measure failed.
New York 2009 State Bills
opens new window New York 2009 A1445
Research This bill regulates the use of human subjects for medical research and experimentation, including subjects with mental disorders and children. Measure failed.
New York 2009 State Bills
opens new window New York 2009 A1769
Other Lines of Insurance Nondiscrimination This bill prohibits denial, cancellation or alteration of a life or disability insurance policy or group life or disability insurance policy, including renewals, on the basis of any genetic testing performed on an insured, applicant or family member of insured or applicant. Measure failed.
New York 2009 State Bills
opens new window New York 2009 A2464
Health Insurance Nondiscrimination This bill requires accident and health insurance policies to cover the cost of genetic testing of persons with a family history of cancer when the attending physician determines such person has a significant risk of cancer. Measure failed.
New York 2009 State Bills
opens new window New York 2009 A3781
Health Insurance Nondiscrimination This bill prohibits the use of genetic information for community rating to develop small group health insurance premiums. The bill also prohibits pre-existing condition exclusions in small group health insurance policies based on genetic predisposition. Measure failed.
New York 2009 State Bills
opens new window New York 2009 A8123
Health Insurance Nondiscrimination This bill prohibits group or blanket policies that cover 51 or more employees for hospital, medical, major medical, or similar type comprehensive coverage from excluding members or dependents or establishing rates based on predisposing genetic characteristics. The bill also prohibits health insurers from requiring or using tests for or information about predisposing genetic characteristics for underwriting. The same restrictions are imposed upon hospital service corporations, health services corporation and medical expense indemnity corporations covering 51 or more employees. Measure failed.
New York 2009 State Bills
opens new window New York 2009 A8511
Employment Nondiscrimination,
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
This bill creates the genetics advisory council. The council, if created, will study and make recommendations on various issues, including unfair discrimination by employers and insurers. Measure failed.
New York 2009 State Bills
opens new window New York 2009 S3731
Employment Nondiscrimination,
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
This bill creates the genetics advisory council. The council, if created, will study and make recommendations on various issues, including unfair discrimination by insurers and employers. Measure failed.
New York 2009 State Bills
opens new window New York 2009 S4782
Health Insurance Nondiscrimination This bill prohibits group or blanket policies that cover 51 or more employees for hospital, medical, major medical, or similar type comprehensive coverage from excluding members or dependents or establishing rates based on predisposing genetic characteristics. The bill also prohibits health insurers from requiring or using tests for or information about predisposing genetic characteristics for underwriting. The same restrictions are imposed upon hospital service corporations, health services corporation and medical expense indemnity corporations covering 51 or more employees. Measure failed.
New York 2009 State Bills
opens new window New York 2009 S935
Health Insurance Nondiscrimination his bill prohibits the use of genetic information for community rating to develop small group health insurance premiums. The bill also prohibits pre-existing condition exclusions in small group health insurance policies based on genetic predisposition. Measure failed.
New York 2011 State Bills
opens new window New York 2011 A1840
Use of Residual Newborn Screening Specimens This bill prohibits the retention of DNA, blood spots or other genetic information with an infant's identifying information for any period of time or for any purpose other than newborn screening without parental consent. Measure failed.
New York 2011 State Bills
opens new window New York 2011 A2325
Health Insurance Coverage This bill requires accident and health insurance policies to cover the cost of genetic testing of people with a family history of cancer when his or her physician determines that there is a significant risk of developing cancer. Measure failed.
New York 2011 State Bills
opens new window New York 2011 A2837
Other Lines of Insurance Nondiscrimination This bill prohibits discrimination based on genetic characteristics in life and disability insurance. Measure failed.
New York 2011 State Bills
opens new window New York 2011 A5065
Research This bill regulates the use of human subjects for medical research and experimentation, including subjects with mental disorders and children. Measure failed.
New York 2011 State Bills
opens new window New York 2011 A5858
Health Insurance Nondiscrimination This bill defines the term "genetic predisposition" for purposes of individual and small group health insurance policies, requires that genetic predisposition be disregarded in community rating, and provides that no pre-existing condition exclusion in such a policy shall exclude coverage on the basis of any genetic predisposition. Measure failed.
New York 2011 State Bills
opens new window New York 2011 A6478
Health Insurance Nondiscrimination This bill prohibits any group or blanket health insurance policy from excluding coverage for any group member based on a predisposing genetic characteristic, and prohibits any hospital service corporation, health service corporation or medical expense indemnity corporation contract from excluding coverage for any group member based on predisposing genetic characteristics. Measure failed.
New York 2011 State Bills
opens new window New York 2011 S3726
Health Insurance Nondiscrimination his bill defines the term "genetic predisposition" for purposes of individual and small group health insurance policies, requires that genetic predisposition be disregarded in community rating, and provides that no pre-existing condition exclusion in such a policy shall exclude coverage on the basis of any genetic predisposition. Measure failed.
New York 2013 State Bills
opens new window New York 2013 A1153
Employment Nondiscrimination,
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
This bill establishes a genetics advisory council to study various topics, including the use of any genetic test by insurers, employers or educational institutions, including the potential for compromising the individual liberties and civil rights of individuals or causing individuals to suffer unfair discrimination. Referred to governmental operations on January 8, 2014.
New York 2013 State Bills
opens new window New York 2013 A2931
Research This bill regulates the use of human subjects for medical research and experimentation, including subjects with mental disorders and children. The bill addresses exclusion or inclusion of subjects to participate in human research based on race, ethnicity or sex; requires reporting certain information relating to the collection of data, and provides that no greater than minimal risk non-therapeutic human research may be conducted on a child without consent of a parent or guardian. Referred to Health on January 8, 2014.
New York 2013 State Bills
opens new window New York 2013 A3760
Health Insurance Coverage Requires policies of hospital, surgical or medical care to provide coverage for ovarian cancer screening. These policies also must provide coverage for specific services if a person is believed to be at increased risk of ovarian cancer to due to family history, personal history or positive genetic testing. Enacting clause stricken November 20, 2013.
New York 2013 State Bills
opens new window New York 2013 A3761
Health Insurance Coverage Requires health insurance policies to cover comprehensive genetic screening for breast, ovarian, prostate, colon and lung cancers if recommended by a board-certified geneticist or board-certified genetic counselor. Enacting clause stricken November 20, 2013.
New York 2013 State Bills
opens new window New York 2013 A4038
Health Insurance Coverage Every policy that provides medical coverage, including coverage for physician services in a physician's office, and every policy that provides major medical or similar comprehensive coverage must cover the cost of genetic testing and any subsequent treatment resulting from the results of the genetic test for people who are, in the opinion of a physician, at significant risk of contracting cancer. Referred to Insurance January 8, 2014.
New York 2013 State Bills
opens new window New York 2013 A506
Use of Residual Newborn Screening Specimens This bill requires written parental consent to store a newborn's test, blood spot or other genetic information for any purpose other than newborn screening. Referred to Health on January 8, 2014.
New York 2013 State Bills
opens new window New York 2013 A6527
Privacy This bill establishes the Medicaid identification and anti-fraud biometric technology pilot program. Biometric technologies includes, but is not limited to, DNA and other identifiers. Amended and recommitted to Health on January 23, 2014.
New York 2013 State Bills
opens new window New York 2013 S2642
Privacy Establishes the office of data protection and privacy for intelligence data centers to protect the privacy of personal information and biometric identifiers, including DNA. Amended and recommitted to Finance 2/4/2014.
New York 2013 State Bills
opens new window New York 2013 S4196
Privacy This bill establishes the Medicaid identification and anti-fraud biometric technology pilot program. Biometric technologies includes, but is not limited to, DNA and other identifiers. Amended and recommitted to Finance on January 22, 2014.
New York 2013 State Bills
opens new window New York 2013 S4284
Privacy Prohibits the release of personally identifiable student information, including DNA sequence, where parental consent is not provided. 1/8/2014 referred to Education Committee.
New York 2013 State Bills
opens new window New York 2013 S5373
Health Insurance Coverage Requires policies that provide coverage for hospital, medical or surgical care to provide coverage for screening for ovarian cancer, upon examination by a physician or other factors, including genetic testing, for an ultrasound at specified periods. Referred to Insurance January 8, 2014.
New York 2014 State Bills
opens new window New York 2014 A 8472
Health Insurance Coverage Requires health insurance policies to cover comprehensive genetic screening for breast, ovarian, prostate, colon and lung cancers, if recommended by a board-certified geneticist or board-certified genetic counselor. Referred to Insurance on January 16, 2014.
New York State Statute
opens new window New York: NY Public Health Code §2440 et seq.
Research The law safeguards the rights and welfare of individual human subjects in the conduct of human research projects and provides protections against the possible conduct of medical or psychological research without voluntary informed consent.
New York State Statute
opens new window New York: NYCL (CVR) 79-l
Privacy,
Research
Prior informed consent is required to perform a genetic test. Further disclosures require additional consent. For medical research purposes and with approval from an institutional review board and consent, a biological sample may be retained for longer than 60 days and be used for scientific research. Samples may be used for research conducted in accordance with applicable law and regulation and pursuant to a research protocol approved by an institutional review board, if individuals who provided the samples have given prior informed consent for the use of the sample for general research purposes without restrictions, and the samples have been permanently stripped of identifying information or coded to protect the individuals identity. Upon request samples that have not already been used for research must be destroyed. Family members of a research participant may not be contacted without the consent of the individual. Additional provisions address confidentiality, the incorporation of information into medical records, disclosure and penalties for violations.
New York State Statute
opens new window New York: NYCL (CVR) §48 et seq.
Employment Nondiscrimination Unless it can be clearly shown that a person's unique genetic disorder, defined to include the sickle cell trait, carriers of Tay-Sachs, and carriers of Cooleys anemia only, would prevent a person from performing the particular job, no person who is otherwise qualified may be denied equal opportunities to obtain or maintain employment or to advance in position in his job solely because a person has a unique genetic disorder.
New York State Statute
opens new window New York: NYCL (EXC) law §§292 and 296
Employment Nondiscrimination An employer or labor organization may not discriminate against employees, applicants or members based on a predisposing genetic characteristic. An employer or employment agency may not print or circulate materials or use a form of application that discriminate based on a predisposing genetic characteristic. Additional provisions apply to employers, labor organizations, employment agencies, and licensing agencies. A genetic test may be required as a condition of employment if directly related to possible increased risk of disease in the work environment or, with informed consent, for workers compensation and to determine susceptibility to toxins found in the workplace environment.
New York State Statute
opens new window New York: NYCL (ISC) §2615
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
No insurer may request or require an individual proposed for insurance coverage to submit to a genetic test without prior written informed consent. Further disclosures require additional consent. If an adverse underwriting decision is based on the results of a genetic test, the insurer must notify the individual. No insurer who lawfully possesses information derived from a genetic test on a biological sample may incorporate the information into the record of a non-consenting individual. Penalties for violations are set forth.
New York State Statute
opens new window New York: NYCL (ISC) §§3221
3232
4305
and 4318
Health Insurance Nondiscrimination Insurers or corporations delivering group or blanket health policies that provide hospital, surgical or medical expense coverage may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information. Individual and group or blanket health insurance policies or contracts may not impose pre-existing condition exclusions based on genetic information in the absence of a diagnosis.
North Carolina 2009 State Bills
opens new window North Carolina 2009 HB 1183
Health Insurance Nondiscrimination This bill requires health benefit plans and insurers to comply with all applicable standards of Public Law 110-233, known as the Genetic Information Nondiscrimination Act of 2008, as amended by Public Law 110-343, and as further amended. Signed by the Governor July 31, 2009.
North Carolina 2013 State Bills
opens new window North Carolina 2013 HB 834
Employment Nondiscrimination Sets forth procedures for State employment appeals of grievances and disciplinary actions related to discrimination claims, including discrimination based on genetic information. Signed by the Governor August 21, 2013.
North Carolina State Statute
opens new window North Carolina: 2013 Session Law 382
Employment Nondiscrimination The law sets forth procedures for State employment appeals of grievances and disciplinary actions related to discrimination claims, including discrimination based on genetic information.
North Carolina State Statute
opens new window North Carolina: NCGA §58-58-25
Other Lines of Insurance Nondiscrimination No insurance company may refuse to issue or deliver any policy of life insurance solely by reason of the fact that the person to be insured possesses sickle cell trait or hemoglobin C trait. A policy also may not carry a higher premium rate or charge by reason of the fact that the person to be insured possesses these traits.
North Carolina State Statute
opens new window North Carolina: NCGA §§58-3-215
58-51-45
58-51-95
58-65-70
58-68-30 and 58-68-35
Health Insurance Nondiscrimination A health benefit plan, health maintenance organization or multiple employer welfare arrangement may not raise the premium or contribution rates paid for a group health benefit plan, refuse to issue or deliver a health benefit plan, or charge a higher premium rate or charge because of genetic information. Health benefit plans must comply with all applicable standards of the federal Genetic Information Nondiscrimination Act. Insurers providing accident and sickness policies or hospital, medical, or dental health service may not refuse to issue or deliver any policy that affords benefits or coverage for any medical treatment or service authorized or permitted by specified entities or carry a higher premium rate or charge by reason of the fact that the person to be insured possesses sickle cell trait or hemoglobin C trait. A group health insurer may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information, or treat genetic information as a pre-existing condition in the absence of a diagnosis. An individual health insurer may not increase an individual's renewal premium for continued health insurance coverage based on a health statusrelated factors, including genetic information.
North Carolina State Statute
opens new window North Carolina: NCGA §§95-28.1 and 95-28.1A
Employment Nondiscrimination A person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity may not deny or refuse employment to or discharge any person or because of the person's having requested genetic testing or counseling services, on the basis of genetic information obtained concerning the person or a member of the person's family, or because the person possesses sickle cell trait or hemoglobin C trait.
North Dakota 2011 State Bills
opens new window North Dakota 2011 SB 2067
Use of Residual Newborn Screening Specimens This bill amends the statute that allows the health council to authorize the use of newborn metabolic screening tests for legitimate research purposes by broadening the term "newborn metabolic screening tests" to include "newborn metabolic and genetic disease screening tests." Signed by the Governor April 26, 2011.
North Dakota 2013 State Bills
opens new window North Dakota 2013 HB 1314
Privacy Enacts a new chapter of the statutes relating to genetic privacy. A person may not collect a DNA sample from an individual, perform a DNA analysis on a sample, retain a DNA sample or the results of a DNA analysis, or disclose the results of a DNA analysis unless the person has first obtained the informed and written consent of the individual or of the individual's legal guardian or authorized representative, for the collection, analysis, retention, or disclosure. A DNA sample and the results of a DNA analysis performed on the sample are the exclusive property of the individual sampled or analyzed. The bill provides certain exemptions. Measure died.
North Dakota State Statute
opens new window North Dakota: NDCC §23-01-03.1
Use of Residual Newborn Screening Specimens The health council may authorize the use of newborn metabolic and genetic disease screening tests, as provided for in chapter 25-17, for research purposes. The council shall adopt rules to ensure that the results are used for legitimate research purposes and to ensure that the confidentiality of the newborns and their families is protected.
North Dakota State Statute
opens new window North Dakota: NDCC §§26.1-36.3-01
26.1-36.3-06 and 26.1-36.4-03.1
Health Insurance Nondiscrimination Health benefit plans covering small employers and group policies of hospital and medical insurance may not treat genetic information as a pre-existing condition in the absence of a diagnosis. A health status-related factor is defined to include genetic information in the chapter of the law pertaining to small employer employee health insurance.
Ohio 2009 State Bills
opens new window Ohio 2009 HB 8
Health Insurance Coverage This bill prohibits individual or group accident and sickness insurers from excluding coverage for the screening and diagnosis of autism, including genetic testing. Measure failed.
Ohio 2013 State Bills
opens new window Ohio 2013 SB 88
Health Insurance Nondiscrimination This bill creates the Ohio Health Benefit Exchange. The exchange must meet the minimum requirements of the Patient Protection and Affordable Care Act of 2010. Assigned to Insurance and Financial Institutions Committee. Bill carries over into 2014 legislative session.
Ohio State Statute
opens new window Ohio: ORC §§1751.64 and 1751.65
Health Insurance Nondiscrimination A health insuring corporation may not (1) cancel or fail to renew the coverage because of any health status-related factor, including genetic information, (2) require an individual seeking coverage to submit to genetic screening or testing or taken into account or inquire about such testing, (3) make a decision adverse to the applicant based on entries in medical records or other reports of genetic screening or testing, or (4) cancel or refuse to issue or renew coverage for health care services based on the results of genetic screening or testing, or (6) limit benefits of an individual or group policy, contract, or agreement based on the results of genetic screening or testing. A violation of these provisions is an unfair and deceptive act or practice in the business of insurance. Further provisions apply upon the repeal of the current protections, which are in effect until February 9, 2014.
Ohio State Statute
opens new window Ohio: ORC §§3901.21
3901.41 and 3901.501
Health Insurance Nondiscrimination It is an unfair and deceptive act or practice in the business of insurance to engage in any underwriting standard or other practice that due solely to any health status-related factor, including genetic information, terminates or fails to renew an existing individual policy, contract, plan of health benefits, or a health benefit plan issued to an employer, for which an individual would otherwise be eligible, or, with respect to a health benefit plan issued to an employer, excludes or causes the exclusion of an individual from coverage under an existing employer-provided policy, contract, or plan of health benefits. Insurers issuing accident and sickness insurance or self-insurers may not consider information obtained from genetic screening or testing in processing an application or in determining insurability or inquire into the results of genetic screening or testing or use such information to cancel, refuse to issue or renew, or limit benefits. The superintendent of insurance has the authority to investigate violations of this provision.
Oklahoma 2010 State Bills
opens new window Oklahoma 2010 HB 2688
Health Insurance Coverage This bill requires individual and group health insurers that provide coverage on an expense-incurred basis to provide reimbursement not to exceed $115 for mammography screening any female under 35 with a genetic predisposition to breast cancer. Measure failed.
Oklahoma 2010 State Bills
opens new window Oklahoma 2010 SB 1250
Use of Residual Newborn Screening Specimens This bill requires parental consent required to store, transfer, use or database DNA from any newborn child. Signed by the Governor May 11, 2010.
Oklahoma 2010 State Bills
opens new window Oklahoma 2010 SB 1961
Employment Nondiscrimination This bill (in amended version) prohibits discrimination based on genetic information in employment. Vetoed by the Governor June 10, 2010.
Oklahoma 2010 State Bills
opens new window Oklahoma 2010 SB 2054
Health Insurance Nondiscrimination,
Research
This bill modifies the state Genetic Information Nondiscrimination in Insurance Act. Topics addressed by the modifications include definitions, discrimination in health insurance based on genetic information, and prohibitions for requesting and requiring genetic a genetic test with exceptions for research if conducted in compliance with the Common Rule and certain criteria are met. Approved by the Governor on 5/10/2010.
Oklahoma 2011 State Bills
opens new window Oklahoma 2011 SB 836
Employment Nondiscrimination This bill amends statutes pertaining to discriminatory practices in employment, housing, and public accommodations. The bill provides exclusive remedies for individuals alleging discrimination in employment on the basis of genetic information. Measure failed.
Oklahoma 2011 State Bills
opens new window Oklahoma 2011 SB 837
Employment Nondiscrimination This bill amends statutes pertaining to discriminatory practices in employment, housing, and public accommodations. The bill provides exclusive remedies for individuals alleging discrimination in employment on the basis of genetic information. Signed by the Governor May 18, 2011.
Oklahoma 2013 State Bills
opens new window Oklahoma 2013 HB 1342
Health Insurance Nondiscrimination,
Research
A health carrier offering health benefit plans providing individual market health insurance coverage may not (1) impose a pre-existing condition exclusion on the basis of genetic information, (2) establish rules for the eligibility, including continued eligibility, of any individual to enroll for coverage based on genetic information, (3) adjust premium or contribution amounts for an individual on the basis of genetic information concerning the individual or a family member of the individual, (4) request or require an individual or a family member of an individual to undergo a genetic test, or (5) request or require or purchase genetic information for underwriting purposes or to determine eligibility. A health carrier may request, but not require, that an individual or a family member of the individual undergo a genetic test if the request is made pursuant to research that complies with Part 46 of Title 45, Code of Federal Regulations or equivalent federal regulations and any applicable state or local law or regulations for the protection of human subjects in research and other criteria are met. 2/9/2014 Referred to Rules Committee.
Oklahoma 2013 State Bills
opens new window Oklahoma 2013 HB 1384
Use of Residual Newborn Screening Specimens,
Privacy
This bill creates the Parents' Bill of Rights. Rights under the bill include the right to consent in writing before any record of a minor childs blood or DNA is created, stored or shared, except as required by Sections 1-516 (pertaining to syphilis) and 1-524.1 (pertaining to testing arrested persons for sexually transmitted infections and HIV) of Title 63 of the Oklahoma Statutes, or unless authorized pursuant to a court order. 2/20/2014 coauthored by Turner.
Oklahoma 2014 State Bills
opens new window Oklahoma 2014 S 2070
Privacy This bill prohibits collection or retention of biometric data in connection with motor vehicle registration or operation, the issuance or renewal of driver licenses or the issuance or renewal of any identification cards by any department or agency of this state charged with those activities. 2/4/2014 coauthored by Echols.
Oklahoma State Statute
opens new window Oklahoma: OS §21-1175
Use of Residual Newborn Screening Specimens Parental consent is required to store, transfer, use or database DNA from any newborn child.
Oklahoma State Statute
opens new window Oklahoma: OS §36-3614.1
Health Insurance Nondiscrimination,
Research
Any individual, corporation, association, partnership, insurance support organization, fraternal benefit society, insurance producer, third-party administrator, self-insurer, or any other legal entity engaged in the business of insurance that issues accident and sickness insurance policies or administers a health insurance plan may not deny or condition the issuance or effectiveness of a policy on a pre-existing condition or genetic information. These entities also may not discriminate with respect to pricing a policy or certificate, including premiums, based on genetic information. A violation is an unfair and deceptive act or practice. An insurer also may not request or require a genetic test with an exception for research. An insurer may request a genetic test if the request is pursuant to research that complies with the Common Rule and other specified criteria are met.
Oklahoma State Statute
opens new window Oklahoma: OS §36-3614.2
Employment Nondiscrimination For purposes of distinguishing between or discriminating against or restricting any right or benefit otherwise due or available to an employee or prospective employee other than in connection with the determination of insurance coverage or benefits an employer may not (1) seek to obtain or use a genetic test or genetic information of the employee or the prospective employee, or (2) require a genetic test of or require genetic information from the employee or prospective employee.
Oklahoma State Statute
opens new window Oklahoma: OS §36-3614.3
Privacy A person who maintains genetic information may not be compelled to disclose the information except under specified circumstances.
Oklahoma State Statute
opens new window Oklahoma: OS §36-3614.4
Research The statutes related to research apply to genetic research studies approved by an institutional review board as defined in 21 CFR, § 50 or conducted subject to the requirements of the federal common rule at 21 CFR, § 50 and § 56, and 45 CFR, § 46. Research records are confidential and may not be disclosed to employers or health insurers without informed consent. The provision does not apply to an insurer or to an individual dealing with an insurer in the course of underwriting, conducting or administering life, disability income or long-term care insurance. Stored tissues, including blood, that arise from surgery, other diagnostic or therapeutic steps, or autopsy may be disclosed for genetic or other research studies with informed consent. Results of genetic research studies may be published if no individual subject is identified.
Oklahoma State Statute
opens new window Oklahoma: OS §36-4502
Health Insurance Nondiscrimination Group accident and sickness policies may not treat genetic information as a pre-existing condition or base eligibility or continued eligibility of any individual on health-status-related factors, including genetic information.
Oregon 2007 State Bills
opens new window Oregon 2007 HB 3341
Health Insurance Nondiscrimination This bill creates the Oregon Health Insurance Exchange and prohibits the treatment of genetic information in the absence of a diagnosis as a pre-existing condition in the exchange. Measure failed.
Oregon 2007 State Bills
opens new window Oregon 2007 SB 244
Health Insurance Nondiscrimination,
Privacy
This bill amends the state genetic privacy law by allowing health insurers to retain or disclose genetic information without written authorization if (1) the retention is for treatment, payment or health care operations by the insurer; and (2) the disclosure is in accordance with ORS 746.607 (3). Signed by the Governor July 17, 2007.
Oregon 2007 State Bills
opens new window Oregon 2007 SB 759
Health Insurance Nondiscrimination,
Privacy
This bill amends the state genetic privacy law by changing retention and disclosure provisions that apply to health insurers. Measure failed.
Oregon 2009 State Bills
opens new window Oregon 2009 HB 2009
Privacy This bill amends the state genetic privacy law by designating the Oregon Health Authority (previously the Department of Health and Human Services) as the body responsible for certain provisions of the law. Signed by the Governor June 26, 2009.
Oregon 2013 State Bills
opens new window Oregon 2013 HB 2240
Health Insurance Nondiscrimination Aligns Oregon health insurance law with changes in federal law and renumbers sections of Oregon law pertaining pre-existing condition, which are defined not to include genetic information in the absence of a diagnosis of the condition related to such information. 7/29 Signed by the Governor.
Oregon 2013 State Bills
opens new window Oregon 2013 HB 2922
Health Insurance Nondiscrimination Creates new provisions related to statewide coverage of health care. Renumbers sections of existing that which define pre-existing conditions, which does not include genetic information in the absence of a diagnosis of a condition related to the information. Died.
Oregon State Statute
opens new window Oregon: ORS §192.531 et seq.
Privacy,
Research
The genetic privacy statutes define the rights of individuals whose genetic information is collected, retained or disclosed and the rights of the individuals blood relatives; define the circumstances under which an individual may be subjected to genetic testing; define the circumstances under which an individuals genetic information may be collected, retained or disclosed; protect against discrimination by an insurer or employer based upon an individuals genetic characteristics; and define the circumstances under which a DNA sample or genetic information may be used for research.
Oregon State Statute
opens new window Oregon: ORS §743.730
Health Insurance Nondiscrimination Health benefit plans that apply pre-existing condition exclusions may not do so based on genetic information in the absence of a diagnosis.
Oregon State Statute
opens new window Oregon: ORS §746.135
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
If a person asks an applicant for insurance to take a genetic test in connection with an application for insurance, the use of the test must be revealed to the person tested and informed consent to conduct testing is required. Favorable genetic information may not be used to induce the purchase of insurance. Genetic information may not be used to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy for hospital or medical expenses, and the genetic information of a persons blood relative may not be used to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy of insurance.
Oregon State Statute
opens new window Oregon: ORS §§659A.300 and 659A.303
Employment Nondiscrimination It is an unlawful employment practice for an employer to seek to obtain, to obtain or to use genetic information of an employee or a prospective employee or their blood relatives to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to an employee or a prospective employee. A person whose rights have been violated may bring a civil action.
Pennsylvania 2007 State Bills
opens new window Pennsylvania 2007 HB 434
Employment Nondiscrimination This bill adds genetic information to the Pennsylvania Human Relations Act. The bill prohibits discrimination because of genetic information by employers, employment agencies and labor organizations. Individuals whose rights are violated may file a complaint with the Human Relations Commission and maintain a right of action in the courts of the Commonwealth. Measure failed.
Pennsylvania 2009 State Bills
opens new window Pennsylvania 2009 HB 1593
Health Insurance Nondiscrimination This bill requires health insurers to comply with federal acts, including the Genetic Information Nondiscrimination Act of 2008. The insurance commissioner may revoke, suspend or refuse the license of insurers who fail to comply, issue a cease and desist order, or impose penalties. Measure failed.
Pennsylvania 2009 State Bills
opens new window Pennsylvania 2009 HB 1906
Employment Nondiscrimination This bill adds genetic information to the Pennsylvania Human Relations Act. The bill prohibits discrimination because of genetic information by employers, employment agencies and labor organizations. Individuals whose rights are violated may file a complaint with the Human Relations Commission and maintain a right of action in the courts of the Commonwealth. Measure failed.
Pennsylvania 2009 State Bills
opens new window Pennsylvania 2009 HB 828
Employment Nondiscrimination This bill adds genetic information to the Pennsylvania Human Relations Act. The bill prohibits discrimination because of genetic information by employers, employment agencies and labor organizations and public accommodation of housing and commercial property. Individuals whose rights are violated may file a complaint with the Human Relations Commission and maintain a right of action in the courts of the Commonwealth. Measure failed.
Pennsylvania 2009 State Bills
opens new window Pennsylvania 2009 HB 829
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
This bill prohibits any legal entity engaged in the business of insurance subject to the Insurance Company Law of 1921 from denying, limiting, canceling, refusing to renew or varying the premiums for an insurance policy on the basis of genetic information or the request or receipt of genetic services by an individuals family member. Insurers also may not request of require disclosure of genetic information; request or require an individual to reveal whether genetic information has been obtained; or disclose genetic information about an individual or family member without written consent. Harmed individuals have a civil cause of action against the insurer. Measure failed.
Pennsylvania 2009 State Bills
opens new window Pennsylvania 2009 SB 1112
Health Insurance Nondiscrimination This bill requires health insurers to comply with federal acts, including the Genetic Information Nondiscrimination Act of 2008. The insurance commissioner may revoke, suspend or refuse the license of insurers who fail to comply, issue a cease and desist order, or impose penalties. As of May 2010, the last action was on March 16, 2010 when the bill was laid on the table.
Pennsylvania 2009 State Bills
opens new window Pennsylvania 2009 SB 237
Health Insurance Nondiscrimination This bill requires insurers to comply with certain federal acts, including the Genetic Information Nondiscrimination Act. Approved by the Governor, March 22, 2010
Pennsylvania 2009 State Bills
opens new window Pennsylvania 2009 SB 623
Privacy This bill creates the Body Data Privacy Act. This bill prevents any government agency from denying benefits or privileges to individuals for the refusal to disclose biometric data, which is defined to include DNA or RNA. Exemptions include disclosure as required by federal statute, state statute or law enforcement. Requests for disclosure must state whether disclosure is voluntary or mandatory and the reason for the request. Individuals whose biometric data is misused may bring an action in the court of common pleas for remedies. Measure failed.
Pennsylvania 2010 State Bills
opens new window Pennsylvania 2010 SB 1271
Health Insurance Nondiscrimination This bill prohibits small group health insurers from engaging in medical underwriting, including genetic information. Measure failed.
Pennsylvania 2013 State Bills
opens new window Pennsylvania 2013 HB 1587
Health Insurance Coverage All individual or group health or sickness or accident policies must provide the minimum coverage required for costs associated with a mammogram. Such coverage must include every year for women 40 years of age or older and with any mammogram based on a physician's recommendation for women under 40 years of age. Any mammogram includes ultrasound screening, magnetic resonance imaging or other supplemental screening if a mammogram demonstrates heterogeneous or dense breast tissue based on the Breast Imaging Reporting and Data system established by the American College of Radiology or if a woman is believed to be at increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing or other indications as deemed medically necessary by a physician. Referred to Committee on Insurance June 26, 2013. Bill carries over into 2014 legislative session.
Pennsylvania 2013 State Bills
opens new window Pennsylvania 2013 SB 359
Health Insurance Coverage All individual or group health or sickness or accident policies must provide the minimum coverage required for costs associated with a mammogram. Such coverage must include every year for women 40 years of age or older and with any mammogram based on a physician's recommendation for women under 40 years of age. Any mammogram includes ultrasound screening, magnetic resonance imaging or other supplemental screening if a mammogram demonstrates heterogeneous or dense breast tissue based on the Breast Imaging Reporting and Data system established by the American College of Radiology or if a woman is believed to be at increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing or other indications as deemed medically necessary by a physician. Referred to Senate Banking and Insurance Committee on January 31, 2013. Bill carries over into 2014 legislative session.
Pennsylvania State Statute
opens new window Pennsylvania: PS Article IV-B Sec. 401-B et seq.
Health Insurance Nondiscrimination A foreign or domestic insurance company, association or exchange, health maintenance organization, hospital plan corporation, professional health services plan corporation, franternal benefit society or risk-assuming preferred provider organization must comply with certain federal acts, including the Genetic Information Nondiscrimination Act.
Rhode Island 2014 State Bills
opens new window Rhode Island 2014 H7341
Health Insurance Coverage Requires health insurance coverage of ultrasound screening of the breast under certain circumstances, including for women with positive genetic test results. Meeting scheduled for 4/11/2014.
Rhode Island State Statute
opens new window Rhode Island: RIGL §27-18-41
Health Insurance Coverage Every individual or group hospital or medical insurance policy or individual or group hospital or medical services plan contract delivered, issued for delivery, or renewed in this state shall pay for two (2) screening mammograms per year when recommended by a physician for women who have been treated for breast cancer within the last five (5) years or are at high risk of developing breast cancer due to genetic predisposition (BRCA gene mutation or multiple first degree relatives) or high risk lesion on prior biopsy (lobular carcinoma in situ) or atypical ductal hyperplasia.
Rhode Island State Statute
opens new window Rhode Island: RIGL §28-6.7-1 et seq.
Employment Nondiscrimination An employer, employment agency, or licensing agency may not (1) request, require or administer a genetic test, (2) affect the terms, conditions, or privileges of or terminate employment or licensure of any person who obtains a genetic test, (3) take any other action affecting the terms, conditions or privileges of employment against an employee or a license holder based on the results of a genetic test or the refusal to take a genetic test, submit family history, or reveal whether the employee, applicant or holder has taken a genetic test, (4) otherwise use genetic information to adversely affect the employment, licensure, or application for employment or licensure of any individual, or (5) reveal genetic information about employees, licensees, or applicants. Penalties for violations are set forth.
Rhode Island State Statute
opens new window Rhode Island: RIGL §§27-18-52
27-18-52.1
27-19-44
27-19-44.1
27-20-39
27-20-39.1
27-41-53
and 27-41-53.1
Health Insurance Nondiscrimination,
Privacy,
Research
Insurance administrators, health plans and providers of accident and sickness insurance, nonprofit hospital corporations, nonprofit medical service corporations, and HMOs are prohibited from releasing genetic information without prior written authorization. Individuals participating in research settings governed by the Federal Policy for the Protection of Human Research Subjects are exempt. Tests conducted purely for research are excluded from the requirements set forth, as are tests for somatic (as opposed to heritable) mutations, and testing for forensic purposes. An individual or group health insurance contract, plan or policy (excluding disability income, long term care and insurance supplemental policies) may not use a genetic test or genetic information or request for genetic tests or genetic information or the results of a genetic test for specified purposes, including for underwriting. Provisions pertaining to the release the results of a genetic test or genetic information do not apply to releases in a format whereby individual identifiers are removed, encrypted, or encoded so that the identity of the individual is not disclosed. Authorization is required for each re-disclosure except for participating in research settings governed by the Federal Policy for the Protection of Human Research Subjects.
Rhode Island State Statute
opens new window Rhode Island: RIGL §§27-18.5-2
27-18.6-2
27-18.6-3
and 27-50-3
Health Insurance Nondiscrimination In the statute sections pertaining to large group, individual health insurance and small employer health insurance a health status-related factor is defined to include genetic information, and pre-existing condition exclusions may not be based on genetic information the absence of a diagnosis.
South Carolina 2010 State Bills
opens new window South Carolina 2010 HB 4298
Health Insurance Nondiscrimination,
Privacy,
Research
This bill amends existing statute sections and creates new statute sections pertaining to health insurance nondiscrimination, genetic privacy, research issues and enforcement of these provisions. Measure failed.
South Carolina 2010 State Bills
opens new window South Carolina 2010 SB 1224
Health Insurance Nondiscrimination,
Privacy,
Research
This bill amends existing statute sections and creates new statute sections pertaining to health insurance nondiscrimination, genetic privacy, research issues and enforcement of these provisions. Signed by the Governor on June 7, 2010.
South Carolina 2012 State Bills
opens new window South Carolina 2012 SB 1266
Health Insurance Coverage Existing law requires individual and group health insurers to cover mammograms. This bill requires that Coverage for mammograms required in subsection (A)(1) must include benefits for comprehensive ultrasound screening of an entire breast or breasts if a mammogram demonstrates heterogeneous or dense breast tissue based on: (a) the Breast Imaging Reporting and Data System established by the American College of Radiology; or (b) if a woman is believed to be at increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing or other indications as determined by a woman's physician or advanced practice registered nurse. Measure failed.
South Carolina 2013 State Bills
opens new window South Carolina 2013 SB 422
Health Insurance Coverage This bill requires individual and group health insurers and health maintenance organization policies to cover the cost of mammography. Coverage for mammograms must include benefits for comprehensive ultrasound screening of an entire breast or breasts if a mammogram demonstrates heterogeneous or dense breast tissue based on: (a) the Breast Imaging Reporting and Data System established by the American College of Radiology; or (b) if a woman is believed to be at increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing or other indications as determined by a woman's physician or advanced practice registered nurse. Referred to Senate Committee on Banking and Insurance on February 26, 2013. Bill carries over into 2014 legislative session.
South Carolina State Statute
opens new window South Carolina: SCCL §38-93 et seq.
Health Insurance Nondiscrimination,
Privacy
Health insurers offering individual health plans may not cancel, deny, adjust premiums or rates or impose pre-existing conditions exclusions based on the genetic information of an individual or family member or based on a request for genetic services. Health insurers offering group health plans may not adjust premiums or contributions based on genetic information. Health insurers may not request or require genetic information or require an individual to undergo a genetic test. The law also prohibits disclosure of genetic information without informed written consent, with some exceptions such as for law enforcement purposes or as allowable under state and federal statutes. It is required to obtain informed consent prior to performing a genetic test, with some exceptions such as for diagnosis or treatment of an individual if performed by a clinical laboratory that has received a specimen referral from the individual's treating physician or another clinical laboratory. Penalties for violations of the law are established and are intended to be in addition to those set forth under the Genetic Information Nondiscrimination Act of 2008, Public Law 110-233.
South Carolina State Statute
opens new window South Carolina: SCCL §44-37-30
Use of Residual Newborn Screening Specimens Residual newborn screening blood samples may be released for purposes of confidential, anonymous scientific study unless the newborn screening program is otherwise directed. The release of a blood sample must conform with departmental regulations. At the time of testing or at any time after that, the parent or legal guardian of the child from whom a blood sample was obtained, or the child when eighteen years of age or older, may direct the department to: (1) return a blood sample in its entirety and any test results not less than two years after the date of testing; (2) destroy a blood sample in not less than two years after the date of the testing; or (3) store a blood sample but not release the blood sample for confidential, anonymous scientific study. A blood sample released for confidential, anonymous study must not contain identifiable information. If scientific study identifies genetic information that may benefit the child, the department may notify confidentially the parent or legal guardian, or the child if eighteen years of age or older, of this information.
South Carolina State Statute
opens new window South Carolina: SCCL §§38-41-45
38-71-670
38-71-840
38-71-860 and 38-74-10
Health Insurance Nondiscrimination Group health insurers may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information or impose a pre-existing condition exclusion based on genetic information. The sections of the statutes pertaining to Individual health insurance and multiple employer self-insured health plans define health status-related factor to include genetic information. Genetic information may not be treated as a pre-existing condition in the absence of a diagnosis within the South Carolina health insurance pool.
South Carolina State Statute
opens new window South Carolina: SCCL §§38-93-10 et seq.
Health Insurance Nondiscrimination,
Privacy
An accident and health insurer providing hospital, medical and surgical, or major medical coverage on an expense incurred basis, providing a corporate health services plan, or providing a health care plan for health care services by a health maintenance organization may not (1) terminate, restrict, limit, or otherwise apply conditions to coverage or restrict the sale to an individual, (2) cancel or refuse to renew the coverage of an individual, (3) exclude an individual from coverage, (4) impose a waiting period, (5) impose a pre-existing condition exclusion; (6) require inclusion of a rider that excludes coverage for certain benefits and services, or (7) adjust premium contribution amounts or establish differential in premium rates for coverage based on genetic information or a request for genetic services. Additional provisions address consent to disclose genetic information and consent to perform genetic testing. An aggrieved individual may bring civil action. he penalties and enforcement provisions of subsections (A) and (B) are in addition to penalties and enforcement provisions of federal law, including those set forth in the Genetic Information Nondiscrimination Act of 2008.
South Dakota 2007 State Bills
opens new window South Dakota 2007 HB 1166
Health Insurance Nondiscrimination This bill prohibits pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Measure failed.
South Dakota 2007 State Bills
opens new window South Dakota 2007 SB 132
Health Insurance Nondiscrimination As introduced, this bill included a provision that prohibited pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Measure failed.
South Dakota 2011 State Bills
opens new window South Dakota 2011 SB 38
Health Insurance Nondiscrimination This bill amends the definitions used in the health insurance nondiscrimination law. Signed by the Governor March 8, 2011.
South Dakota 2012 State Bills
opens new window South Dakota 2012 HB 1260
Health Insurance Nondiscrimination This bill repeals the authority of the director of the Division of Insurance to promulgate rules governing use of genetic information and enacts certain provisions regarding the use of genetic information. Measure failed.
South Dakota 2013 State Bills
opens new window South Dakota 2013 HB 1238
Health Insurance Coverage Every policy of group or individual health insurance, each service or indemnity-type contract issued by a nonprofit medical or surgical service plan corporation and each health maintenance contract that covers a female, that is delivered, issued for delivery, or renewed in South Dakota, and that provides coverage for occult breast cancer screening must provide additional benefits for (1) comprehensive ultrasound screening if a mammogram demonstrates heterogeneous or dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology or if a woman is believed to be at an increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing, or other indications as determined by a woman's physician or advanced practice registered nurse; and (2) magnetic resonance imaging in accordance with guidelines established by the American Cancer Society or the American College of Radiology or if a woman is believed to be at an increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing, or other indications as determined by a woman's physician or advanced practice registered nurse. Died.
South Dakota State Statute
opens new window South Dakota: SDCL §§34-14-21 et seq.
Privacy Informed written consent consisting of the information specified in the statute is required prior to ordering a predictive genetic test. The person to be tested must receive a signed copy of the form, which also must be placed in the medical record. Tests performed per a court order or for a criminal investigation are exempt.
South Dakota State Statute
opens new window South Dakota: SDCL §§58-1-24
58-1-25
58-17-84
58-18-45
58-18-87
and 58-18B-27
Health Insurance Nondiscrimination A health carrier may not require or request an individual or his/her blood relative to take a genetic test or consider the fact that a genetic test was refused in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision in connection with the offer, sale, or renewal of health insurance. The insurance director may promulgate rules concerning genetic information and group health benefit plans. In individual, group and blanket health insurance plans, genetic information may not be treated as a pre-existing condition in the absence of a diagnosis. Small employer carriers may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information.
South Dakota State Statute
opens new window South Dakota: SDCL §§60-2-20 and 21
Employment Nondiscrimination An employer may not to seek to obtain, obtain, or use genetic information of a current or prospective employee discriminate or restrict any right or benefit otherwise due or available to an employee or a prospective employee. A few exceptions are provided such as if the employer uses the test results for the limited purpose of taking disciplinary action against the employee based only on alleged misconduct. Any employee or prospective employee claiming to be aggrieved by an unlawful employment practice may bring a civil suit.
Tennessee 2007 State Bills
opens new window Tennessee 2007 HB 2082
Health Insurance Nondiscrimination Prior to amendment, this bill exempt a insurance pools created by an association of private, not-for-profit educational institutions that has been in existence for at least 25 years from the provisions governing genetic information nondiscrimination. This language was removed from the final version of the bill. The companion bill substituted with SB 343 signed by the Governor May 15, 2007.
Tennessee 2007 State Bills
opens new window Tennessee 2007 SB 343
Health Insurance Nondiscrimination Prior to amendment, this bill exempt insurance pools created by an association of private, not-for-profit educational institutions that has been in existence for at least 25 years from the provisions governing genetic information nondiscrimination. This language was removed from the final version of the bill, which was signed by the Governor May 15, 2007.
Tennessee State Statute
opens new window Tennessee: TC §56-7-2701 et seq.
Health Insurance Nondiscrimination An insurance provider may not deny or cancel health insurance coverage or vary the premiums, terms, or conditions for health insurance coverage for an individual or his or her family member on the basis of a request or receipt of genetic services. An insurer may not request or require an individual to whom it provides health insurance coverage or an applicant to disclose to the insurer genetic information about the individual or family member of the individual. Life insurance, disability income, long-term care, accident only, hospital indemnity or fixed indemnity, dental or vision policies are exempt from the law.
Tennessee State Statute
opens new window Tennessee: TC §§56-7-2802 and 56-7-2804
Health Insurance Nondiscrimination Under the Health Insurance Portability, Availability and Renewal Act group health plans and other issuing group health insurance coverage may not base rules for eligibility or continued eligibility on a health status-related factor, including genetic information.
Texas 2011 State Bills
opens new window Texas 2011 HB 2110
Privacy This bill gives an individual property rights to his or her DNA sample. A person may not collect a DNA sample, perform a genetic test or retain a DNA sample, with few exceptions such as for law enforcement purposes. Measure failed.
Texas State Statute
opens new window Texas: Health and Safety Code §33.0111 et seq.
Use of Residual Newborn Screening Specimens Reports, records, and information obtained by the health department for newborn screening that do not identify a child or the family of a child will not be released for public health research purposes unless a parent, managing conservator, or guardian of the child consents to disclosure. Newborn screening blood spots and associated data are confidential under law and may only be used as specified. If a family consents to disclosure of nonidentifiable reports, records and information for public health research, any subsequent disclosures must be approved by an IRB or privacy board of the health department and the Health Commissioner or his or her designee. Research for public health purposes is defined to include purposes that relate to cancer, a birth defect, an infectious disease, a chronic disease, environmental exposure, or newborn screening.
Texas State Statute
opens new window Texas: TS (Insurance) Code §546.001 et seq.
Health Insurance Nondiscrimination,
Privacy,
Research
Individual and group health benefit plans that request an applicant for coverage to submit to a genetic test for a permissible purpose must notify the applicant that the test is required, disclose to the applicant the proposed use of the results, and obtain prior written informed consent. A health benefit plan issuer may not use genetic information or the refusal of an applicant to submit to a genetic test to reject, deny, limit, cancel, refuse to renew, increase the premiums for, or otherwise adversely affect eligibility for or coverage under the plan. Genetic material obtained from an individual for a genetic test must be destroyed promptly after the purpose for which it was obtained with some exceptions, including (1) authorized retention of the sample for medical treatment or scientific research or (2) if the sample was obtained for research that is cleared by an institutional review board, and retention of the sample is under a requirement the institutional review board imposes on a specific research project or authorized by the research participant with institutional review board approval under federal law. A health benefit plan issuer may redisclose genetic information without authorization for actuarial or research studies if the tested individual could not be identified in any actuarial or research report and any materials that identify a tested individual are returned or destroyed as soon as reasonably practicable.
Texas State Statute
opens new window Texas: TS (Insurance) Code §§846.01 and 1501.001 et seq.
Health Insurance Nondiscrimination Pre-existing conditions and health status-related factors are defined to include genetic information with respect to multiple-employer welfare arrangements and the health insurance portability and accountability act.
Texas State Statute
opens new window Texas: TS (Labor) Code §21.401-405
Employment Nondiscrimination It is an unlawful employment practice if an employer, labor organization, or employment agency discriminates against an individual on the basis of genetic information or refusal to submit to a genetic test. An employer, labor organization, or employment agency commits an unlawful employment practice if these entities limit, segregate, or classify an employee, member, or applicant in a way that would deprive or tend to deprive the employee, member, or applicant of employment opportunities or otherwise adversely affect the status of his or her status on the basis of genetic information or the refusal to submit to a genetic test.
Texas State Statute
opens new window Texas: TS (Labor) Code §301.156
Employment Nondiscrimination The Texas Workforce Commission collects and reports on complaints of employment discrimination, including those related to the use of genetic information.
Texas State Statute
opens new window Texas: TS (Occupations) Code §58.001 et seq.
Employment Nondiscrimination,
Privacy,
Research
The statutes restrict the use and disclosure of genetic tests and the use of family history by a licensing authority. A sample obtained from an individual for a genetic test must be destroyed promptly after the purpose for which the sample was obtained with some exceptions, including (1) authorized retention of the sample for medical treatment or scientific research or (2) if the sample was obtained for research that is cleared by an institutional review board, and retention of the sample is under a requirement the institutional review board imposes on a specific research project or authorized by the research participant with institutional review board approval under federal law. Genetic information may not be disclosed without written authorization with some exceptions, including (1) if the disclosure is for information from a research study in which the procedure for obtaining informed written consent and the use of the information is governed by national standards for protecting participants involved in research projects, including guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46 and (2) the information does not identify a specific individual.
Utah State Statute
opens new window Utah: UC §26-45-101 et seq.
Employment Nondiscrimination,
Health Insurance Nondiscrimination,
Privacy
An employer may not in connection with a hiring, promotion, retention, or other related decision access or (1) take into account genetic information, (2) request or require an individual to consent to release genetic information, (3) submit to a genetic test, or (4) inquire or take into account that an individual or blood relative of that person has taken a genetic test. An employer may compel disclosure of genetic information for specified reasons. A health care insurer may not in connection with the offer or renewal of an insurance product or in the determination of any underwriting decision access or otherwise (1) take into consideration private genetic information about an asymptomatic individual, (2) request or require an asymptomatic individual to consent to a release for the purpose of accessing private genetic information, (3) request or require an asymptomatic individual or his blood relative to submit to a genetic test, or (4) inquire into or otherwise take into consideration the fact that an asymptomatic individual or his blood relative has taken or refused to take a genetic test. An individual whose rights have been violated bring civil action.
Utah State Statute
opens new window Utah: UC §§31A-1-301
31A-22-620
31A-22-1602
Health Insurance Nondiscrimination Genetic information may not be treated as a pre-existing condition in the absence of a diagnosis. The genetic testing privacy act, which prohibits health insurance discrimination, is applicable to insurers except as permitted under the Medicare Supplement Minimum Standards Act. The insurance commissioner may adopt rules regarding nondiscrimination for genetic testing or genetic information in Medicare supplement policies and certificates.
Vermont 2011 State Bills
opens new window Vermont 2011 H368
Privacy This bill creates personal property rights to genetic information. The bill also prohibits disclosure of genetic information without informed written consent. Measure failed.
Vermont State Statute
opens new window Vermont: VSA 18 §9331 et seq.
Privacy,
Research
A person may not be required to undergo genetic testing with some exceptions. Genetic testing may not be performed on any individual or any bodily materials be released for purposes of genetic testing without prior written authorization and informed consent except for (1) medical research where the identity of the subject is unknown, (2) if the research is conducted with anonymized medical information, where individual identifiers are encrypted or encoded, and the identity of the individual is not disclosed, or (3) if the identity of the individual is known, where standards of protection are equal to those contained in regulations promulgated by the federal Office for Protection from Research Risk (OPRR).
Vermont State Statute
opens new window Vermont: VSA 18 §9331 et seq.
Employment Nondiscrimination Employers or labor organizations may not use information about genetic testing, genetic counseling, or genetic disease for purposes specified. Civil and criminal penalties are set forth for violations.
Vermont State Statute
opens new window Vermont: VSA 18 §9331 et seq.
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
A policy of insurance may not be underwritten or conditioned on a requirement to undergo genetic testing or the results of genetic testing. Civil and criminal penalties are set forth for violations.
Vermont State Statute
opens new window Vermont: VSA 8 §4724
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
It is an unfair method of competition or unfair and deceptive act or practice to (1) make or permit any unfair discrimination against any individual by conditioning insurance rates, the provision or renewal of insurance coverage, or other conditions of insurance based on the results of genetic testing where there is not a relationship between the information and the cost of the insurance risk that the insurer would assume by insuring the proposed insured or (2) to violate the Title 18 § 9334.
Virginia 2007 State Bills
opens new window Virginia 2007 HB 2120
Health Insurance Nondiscrimination This bill prohibits the treatment of genetic information as a preexisting condition in the Small Employer Health Insurance Exchange in the absence of a diagnosis of the condition related to such information. Measure failed.
Virginia 2007 State Bills
opens new window Virginia 2007 HB 2121
Health Insurance Nondiscrimination This bill prohibits the treatment of genetic information as a preexisting condition in the Small Employer Health Insurance Exchange in the absence of a diagnosis of the condition related to such information. Measure failed.
Virginia 2008 State Bills
opens new window Virginia 2008 HB 593
Health Insurance Nondiscrimination This bill prohibits the establishment of rules for eligibility or continued eligibility based on a health status-related factor, including genetic information, in Virginia share health insurance policies. This bill also prohibits pre-existing condition exclusions in these policies based on genetic information in the absence of a diagnosis of a condition related to such information. Measure failed.
Virginia 2008 State Bills
opens new window Virginia 2008 SB 578
Health Insurance Nondiscrimination This bill prohibits the establishment of rules for eligibility or continued eligibility based on a health status-related factor, including genetic information, in Virginia share health insurance policies. This bill also prohibits pre-existing condition exclusions in these policies based on genetic information in the absence of a diagnosis of a condition related to such information. Measure failed.
Virginia 2009 State Bills
opens new window Virginia 2009 SB 976
Health Insurance Nondiscrimination This bill prohibits the treatment of genetic information as a preexisting condition in basic health insurance plans in the absence of a diagnosis of the condition related to such information. Measure failed.
Virginia 2010 State Bills
opens new window Virginia 2010 HB 455
Employment Nondiscrimination This bill amends the state employment genetic nondiscrimination law by adding the Commonwealth or any of its agencies, institutions, or political subdivisions, or any public body to the list of entities covered under the law. Measure failed.
Virginia State Statute
opens new window Virginia: Code of Va. § 32.1-162.16.
Research Requires informed consent to conduct human research. Requires institutions or agencies conducting or proposing to conduct or authorize human research to establish a human research review committee.
Virginia State Statute
opens new window Virginia: Code of Va. §38.2-3431
Health Insurance Nondiscrimination In the statutes pertaining to group health plans, health status-related factors are defined to include genetic information, and pre-existing condition exclusion may not be based on genetic information in the absence of a diagnosis.
Virginia State Statute
opens new window Virginia: Code of Va. §40.1-28.7:1
Employment Nondiscrimination An employer may not request, require, solicit or administer a genetic test as a condition of employment or refuse to hire, fail to promote, discharge or otherwise adversely affect any terms or conditions of employment of any employee or prospective employee solely on the basis of a genetic characteristic or the results of a genetic test, regardless of how the employer obtained such information or results. An employee may bring an action in a court of competent jurisdiction over an employer who took adverse action against the employee.
Virginia State Statute
opens new window Virginia: Code of Va. §§ 38.2-508.4 and 38.2-613
Health Insurance Nondiscrimination,
Privacy
A person proposing to issue, re-issue, or renew accident and sickness insurance, excluding disability income insurance, issued by any insurer providing hospital, medical and surgical or major medical coverage on an expense incurred basis, a corporation providing a health services plan, or an HMO providing a health care plan may not on the basis of any genetic information or a request for genetic services (1) terminate, restrict, limit, or otherwise apply conditions to coverage of an individual or restrict the sale to an individual, (2) cancel or refuse to renew the coverage of an individual, (3) exclude an individual from coverage, (4) impose a waiting period, (5) require inclusion of a rider that excludes coverage for certain benefits and services, (6) establish differentials in premium rates for coverage, or (7) disclose any genetic information about an individual or his/her family member collected or received in connection with any insurance transaction unless the disclosure is made with the written authorization of the individual.
Washington State Statute
opens new window Washington: RCW §49.44.180
Employment Nondiscrimination A person, firm, corporation, or the state of Washington, its political subdivisions, or municipal corporations may not require any employee or prospective employee to submit genetic information or submit to screening for genetic information as a condition of employment or continued employment.
Washington State Statute
opens new window Washington: RCW §70.02.010 et seq.
Privacy,
Research
A health care provider, an individual who assists a health care provider in the delivery of health care, or an agent and employee of a health care provider may not disclose health care information, including a patient's deoxyribonucleic acid and identified sequence of chemical base pairs, about a patient to any other person without the patient's written authorization. A health care provider may disclose health care information to researchers if the health care provider or health care facility obtains the informed consent for the use of the patient's health care information for research purposes.
West Virginia 2008 State Bills
opens new window West Virginia 2008 HB 2978
Employment Nondiscrimination,
Health Insurance Nondiscrimination,
Privacy,
Research
This bill creates the Genetic Information Privacy Act. Genetic testing and genetic information derived from testing may be released only to the individual tested or people specifically given written authorization to receive the information by the individual. Accident and health insurers may not request or seek information derived from genetic testing. If the federal government or others propose guidelines, the bill authorizes the insurance commissioner to propose rules to authorize further disclosure of information derived from genetic testing for insurance purposes beyond what is permitted in the legislation. The bill requires employers to treat information derived from genetic testing in a manner consistent with federal law, including but not limited to the Americans with Disabilities Act. Exclusions under the definition of genetic testing includes research governed by the Common Rule, tests conducted purely for research, tests for somatic as opposed to heritable mutations, tests where direct personal identifiers that reveal the patients identity are encoded or encrypted and tests that are composed of de-identified or anonymized information. Penalties for violations are set forth. Measure failed.
West Virginia 2009 State Bills
opens new window West Virginia 2009 HB 2720
Employment Nondiscrimination,
Health Insurance Nondiscrimination,
Privacy,
Research
This bill creates the Genetic Information Privacy Act. Genetic testing and genetic information derived from testing may be released only to the individual tested or people specifically given written authorization to receive the information by the individual. Accident and health insurers may not request or seek information derived from genetic testing. If the federal government or others propose guidelines, the bill authorizes the insurance commissioner to propose rules to authorize further disclosure of information derived from genetic testing for insurance purposes beyond what is permitted in the legislation. The bill requires employers to treat information derived from genetic testing in a manner consistent with federal law, including but not limited to the Americans with Disabilities Act. Exclusions under the definition of genetic testing includes research governed by the Common Rule, tests conducted purely for research, tests for somatic as opposed to heritable mutations, tests where direct personal identifiers that reveal the patients identity are encoded or encrypted and tests that are composed of de-identified or anonymized information. Penalties for violations are set forth. Measure failed.
West Virginia 2013 State Bills
opens new window West Virginia 2013 SB 45
Privacy The Division of Motor Vehicles or other state agency or department charged with motor vehicle registration or operation, the issuance or renewal of driver licenses or the issuance or renewal of any identification cards, must modify applications to include an exemption for a biometric and social security number religious exemption. Biometric data is defined to include DNA and RNA. Died.
West Virginia 2014 State Bills
opens new window West Virginia 2014 SB 420
Privacy Creates a Longitudinal Data System, which links child care, student and workforce unit record data, and governing board of the system. The governing board must prohibit the collection of confidential information, which includes genetic information. Committed to Finance on 2nd reading 03/06/14
West Virginia 2014 State Bills
opens new window West Virginia 2014 HB 3121
Privacy Provides that all parental rights are reserved to a parent of a minor child without obstruction or interference from this state, a political subdivision of this state, other governmental entity or other institution including, but not limited to, the right to consent before DNA is created, stored or shared. To House Health and Human Resources on 1/9/2014.
West Virginia State Statute
opens new window West Virginia: WVC §§33-15-2a
33-16-1a
and 33-16-3k
Health Insurance Nondiscrimination A health benefit plan issued in connection with a group health plan may not impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. A health status-related factor is defined to include genetic information as defined in section of the statutes pertaining to individual group accident and sickness insurance.
Wisconsin 2009 State Bills
opens new window Wisconsin 2009 AB 31
Employment Nondiscrimination This bill allows a person discriminated against or the department of workforce development under the state fair employment practices law to bring an action in circuit court. Measure failed.
Wisconsin 2009 State Bills
opens new window Wisconsin 2009 AB 75
Health Insurance Nondiscrimination This bill amends statute section 631.89 (2) (bm) related to requesting or requiring genetic information from health care providers by amending the definition of covered providers to include providers as defined in section 146.81 (a) to (p). Report approved by the Governor with partial veto June 26, 2009 (section pertaining to genetic testing unaffected by partial veto)
Wisconsin 2011 State Bills
opens new window Wisconsin 2011 AB 289
Employment Nondiscrimination This bill would eliminate the compensatory and punitives damages for acts of employment discrmination or unfair honesty or genetic testing. Measure failed.
Wisconsin 2011 State Bills
opens new window Wisconsin 2011 SB 202
Employment Nondiscrimination This bill would eliminate the compensatory and punitives damages for acts of employment discrmination or unfair honesty or genetic testing. Signed by the Governor April 6, 2012.
Wisconsin 2013 State Bills
opens new window Wisconsin 2013 AB 269
Employment Nondiscrimination Permits the Department of Workforce Development (DWD) or a person who has been discriminated against or subjected to unfair honesty or genetic testing to bring an action in circuit court to recover compensatory and punitive damages caused by the act of discrimination or unfair honesty or genetic testing after the completion of all administrative proceedings before DWD and the Labor and Industry Review Commission concerning the violation. Failed to pass pursuant to Senate Joint Resolution 1
Wisconsin 2013 State Bills
opens new window Wisconsin 2013 SB 143
Employment Nondiscrimination Permits the Department of Workforce Development (DWD) or a person who has been discriminated against or subjected to unfair honesty or genetic testing to bring an action in circuit court to recover compensatory and punitive damages caused by the act of discrimination or unfair honesty or genetic testing after the completion of all administrative proceedings before DWD and the Labor and Industry Review Commission concerning the violation. Failed to pass pursuant to Senate Joint Resolution 1
Wisconsin State Statute
opens new window Wisconsin: WSA §111.31 et seq.
Employment Nondiscrimination An employer, labor organization or employment or licensing agency may not solicit, require or administer a genetic test to any person as a condition of employment, labor organization membership or licensure or affect the terms, conditions or privileges of employment, labor organization membership or licensure or terminate the employment, labor organization membership or licensure of any person who obtains a genetic test.
Wisconsin State Statute
opens new window Wisconsin: WSA §942.07
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
An insurer offering group health insurance coverage may not use genetic information as the basis for a pre-existing condition exclusion in the absence of a diagnosis or establish rules for eligibility or continued eligibility based on health status-related factors, including genetic information. An insurer with respect to a self-insured health plan, or a county, city, village or school board that provides health care services for individuals on a self-insured basis, may not (1) require or request any individual or a member of the individual's family obtain a genetic test or reveal whether a test was taken or the results or (2) condition coverage or health care benefits on or use in the determination of rates whether an individual or his/her family member has taken a genetic test or what the results of the test were. Life insurance or income continuance insurers are not subject to the above provisions but may not provide rates or aspects of coverage that are contrary to the risk involved.
Wyoming State Statute
opens new window Wyoming: WSA §§26-19-107 and 26-19-306
Health Insurance Nondiscrimination,
Other Lines of Insurance Nondiscrimination
A policy of group or blanket disability insurance or health benefit plan covering small employers may not treat genetic information as a pre-existing condition in the absence of a diagnosis or establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information. These entities also may not deny eligibility, or adjust premium or contribution rates based on genetic testing information of an individual or family member or request or require predictive genetic testing information about an individual or family member except as needed for diagnosis, treatment, or payment purposes.

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Last Reviewed: January 8, 2013