Genome Statute and Legislation Database
The Genome Statute and Legislation Database is comprised of state statutes and bills introduced during the 2002-2024 U.S. state legislative sessions.
State | Primary Link | Topic(s) | Bill Status | Summary Sort ascending |
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Idaho | 2013 State Bills Idaho 2013 HB 194 | Other Topics | Died | 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 | State StatuteIdaho: IC 41-1313 | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | 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. |
New Hampshire | 2021 State Bills New Hampshire 2021 HB 601 | Privacy | Died | When an individual consents to receive assistance from a health or social service agency in the state, the consent given to the initial health or social service agency to use the individual's personal information may not be transferred to or retained by any other health or social service agency, network, or entity. No health or social service agency in the state may require a individual's consent to share personal information with another health or social service agency in the state or another state as a prerequisite for such individual to receive services from such health or social service agency, including consent to share details regarding which health or social service agency the individual has received help from in the past and associated information related to that interaction. A health or social service agency must explicitly and in writing inform any individual seeking such assistance that lack of consent will not affect the individual's ability to receive health or social services from the agency and that the individual will not be otherwise penalized. Personal information is defined to include DNA. Hearing on 2/08/2021. Carries over to 2022. |
Maryland | State StatuteMaryland: Md. Insurance Code 27-208 | Other Lines of Insurance Nondiscrimination | Statute | 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. |
Missouri | 2007 State Bills Missouri 2007 HB 948 | Use of Residual Newborn Screening Specimens | Enacted | 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 |
New York | State StatuteNew York: NYCL (CVR) 48 et seq. | Employment Nondiscrimination | Statute | 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. |
Idaho | 2014 State Bills Idaho 2014 SB 1385 | Privacy | Died | 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. Died. |
Montana | State StatuteMontana: MCA 33-18-206 | Other Lines of Insurance Nondiscrimination | Statute | 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. |
Nebraska | State StatuteNebraska: NRS 44-5242.02 and 5246.02 | Health Insurance Nondiscrimination | Statute | 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. |
Tennessee | State StatuteTennessee: TC 56-7-2802 and 56-7-2804 | Health Insurance Nondiscrimination | Statute | 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. |
California | State StatuteCalifornia: Cal. Civil Code 51 | Other Topics | Statute | This statute was amended as part of 2011 CA SB 559, referred to as CalGINA, by adding genetic information to the list of characteristics addressed in the Unruh Civil Rights Act. All people in California are considered free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. |
Alaska | State StatuteAlaska: AS 18.13.010 et seq. | Privacy | Statute | 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. |
Missouri | State StatuteMissouri: MRS 375.1300 and 375.1309 | Privacy, Research | Statute | 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. |
California | 2011 State Bills California 2011 SB 559 | Employment Nondiscrimination | Enacted | This bill, referred to as CalGINA, 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. |
Missouri | 2007 State Bills Missouri 2007 HB 364 | Health Insurance Nondiscrimination | Died | 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. |
Wisconsin | 2011 State Bills Wisconsin 2011 SB 202 | Employment Nondiscrimination | Enacted | 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 | 2011 State Bills Wisconsin 2011 AB 289 | Employment Nondiscrimination | Died | This bill would eliminate the compensatory and punitives damages for acts of employment discrmination or unfair honesty or genetic testing. Measure failed. |
Illinois | 2007 State Bills Illinois 2007 SB 940 | Privacy | Died | 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 Illinois 2007 SB 941 | Privacy | Died | 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. |
California | 2013 State Bills California 2013 SB 222 | Privacy | Died | 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. Died. |
Massachusetts | 2013 State Bills Massachusetts 2013 H.2070 | Research | Enacted | This bill states that any public health surveillance activity which is also research is subject to the requirements for research using human subjects. Signed by the Governor 12/19/2014. |
Massachusetts | 2014 State Bills Massachusetts 2014 S.2294 | Research | Died | This bill states that any public health surveillance activity which is also research is subject to the requirements for research using human subjects. Died. |
California | 2009 State Bills California 2009 SB 482 | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | 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. |
Minnesota | 2013 State Bills Minnesota 2013 HF 589/SF 1017 | Privacy, Research, Use of Residual Newborn Screening Specimens | Died | 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. Died. |
California | 2009 State Bills California 2009 SB 1330 | Use of Residual Newborn Screening Specimens | Enacted | 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. |
New Jersey | 2013 State Bills New Jersey 2013 A 4306 | Privacy | Died | 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 | 2018 State Bills New Jersey 2018 A4640 | Privacy | Died | This bill sets forth privacy protections for personally identifiable information collected by businesses. Personally identifiable information includes biometric data such as DNA. Died. |
New Jersey | 2018 State Bills New Jersey 2018 S3153 | Privacy | Died | This bill sets forth privacy protections for personally identifiable information collected by businesses. Personally identifiable information includes biometric data such as DNA. Died. |
New Hampshire | 2014 State Bills New Hampshire 2014 HB 1262 | Privacy | Died | 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. As of October 30, 2014, Interim Study Report: Not Recommended for Legislation in 2014 (Vote 15-0). |
New Hampshire | 2013 State Bills New Hampshire 2013 HB 312 | Privacy | Died | This bill restricts the collection of biometric data, including DNA or RNA, by state agencies, municipalities, and political subdivisions. Died. |
Maryland | 2009 State Bills Maryland 2009 SB 54 | Privacy | Died | 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 Maryland 2009 HB 12 | Privacy | Died | 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. |
New York | 2013 State Bills New York 2013 A506 | Use of Residual Newborn Screening Specimens | Died | 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. Died. |
California | 2007 State Bills California 2007 SB 962 | Use of Residual Newborn Screening Specimens | Enacted | 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.) |
Michigan | 2013 State Bills Michigan 2013 SB 568 | Privacy | Died | 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. Died. |
Oklahoma | 2010 State Bills Oklahoma 2010 SB 1250 | Use of Residual Newborn Screening Specimens | Enacted | This bill requires parental consent required to store, transfer, use or database DNA from any newborn child. Signed by the Governor May 11, 2010. |
Montana | 2015 State Bills Montana 2015 HB 501 | Privacy | Died | This bill requires parental consent or consent from a student 18 years or older prior to collecting or recording biometric data, which is defined to include a DNA sequence. Died. |
Florida | 2007 State Bills Florida 2007 SB 2384 | Health Insurance Coverage | Died | 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 Florida 2008 SB 2730 | Health Insurance Coverage | Died | 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. |
Oklahoma | 2010 State Bills Oklahoma 2010 HB 2688 | Health Insurance Coverage | Died | 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. |
Massachusetts | 2010 State Bills Massachusetts 2010 H.4935 | Health Insurance Coverage | Enacted | 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 | 2009 State Bills Massachusetts 2009 H 3809 | Health Insurance Coverage | Died | 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. |
Arizona | 2007 State Bills Arizona 2007 HB 2629 | Health Insurance Coverage | Died | 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. |
New York | 2007 State Bills New York 2007 A3113 | Health Insurance Coverage | Died | This bill requires health insurers to cover 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. |
Nevada | 2009 State Bills Nevada 2009 SB 426 | Employment Nondiscrimination, Health Insurance Nondiscrimination, Privacy | Enacted | This bill requires health insurers to comply with the Genetic Information Nondiscrimination Act. Signed by the Governor May 29, 2009. |
Nevada | 2009 State Bills Nevada 2009 SB 388 | Health Insurance Nondiscrimination | Died | This bill requires health insurers to comply with the Genetic Information Nondiscrimination Act. Measure failed. |
New York | 2015 State Bills New York 2015 A291 | Health Insurance Coverage | Died | This bill requires health insurance policies to cover comprehensive genetic screening for breast, ovarian, prostate, colon and lung cancers. Died. |
Alaska | 2009 State Bills Alaska 2009 HB 222 | Health Insurance Nondiscrimination | Enacted | 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. |
Hawaii | 2012 State Bills Hawaii 2012 HB 1810 | Health Insurance Nondiscrimination | Died | 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. |
North Carolina | 2009 State Bills North Carolina 2009 HB 1183 | Health Insurance Nondiscrimination | Enacted | 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. |
Last updated: February 8, 2024