Genome Statute and Legislation Database

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.

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.

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.)

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.

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.

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.

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.

This bill amends the Genetic Information privacy Act and makes technical changes to the section of the law pertaining to employers. Measure failed.

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.

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.

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.

This bill prohibits employers from using genetic testing for discriminatory purposes. Civil and criminal penalties for violations are set forth. Measure failed.

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.

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.

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.

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

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.

This bill prescribes the requirements for surrogate decision makers to give informed consent for certain human subject research. Measure failed.

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.

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.

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.

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.

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.

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.

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.

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.

This bill amends the state genetic privacy law by changing retention and disclosure provisions that apply to health insurers. Measure failed.

This bill prohibits pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Measure failed.

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.

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. The companion bill substituted with SB 343 signed by the Governor May 15, 2007.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.