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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.

Overview

The Genome Statute and Legislation Database is reviewed and updated monthly. Searchable topics in the database include employment and insurance discrimination, health insurance coverage, privacy, research, the use of residual newborn screening specimens and other topics of interest.

Definitions of terms such as "bill", "statute", and "regulation" are available through the Glossary of Statutory, Legislative, and Regulatory Terms.

For other helpful links and legislative databases, please see Additional Resources.

Search

State Primary Link Topic(s) Bill Status Sort descending Summary
Michigan Health Insurance Nondiscrimination Died

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.

Missouri Privacy Died

Protects the privacy of student data, which encompasses biometric records. Biometric records is defined to include DNA. Died.

New Jersey Employment Nondiscrimination Died

Creates the State Anti-Harassment and Workplace Discrimination Act. Declares that it is an unlawful employment practice and unlawful discrimination, for any person, whether an employee or applicant for employment, or intern or volunteer, in any State agency or Gubernatorial Transition Office, or person doing business with the State to discriminate against or harass an employee or applicant for employment, or intern or volunteer, based upon certain protected categories, genetic information. Died.

New York Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination Died

Prohibits discrimination based on the results of a genetic test or the provision of genetic information. Insurers may not require and applicant to undergo a genetic test or answer questions about genetic testing. Died.

Rhode Island Health Insurance Coverage Died

Establishes a rare disease medication reinsurance fund. Creates and establishes funding for a rare disease medication advisory council. Based on information from the Secretary of Health and Human Services, the council must recommend the drugs to be covered, an assessment rate, and a funding distribution method. The council must recommend for inclusion only those medications that are high cost prescription drugs, gene therapies or cell therapies designated as orphan drugs by the federal drug administration. 2/23/2021 Committee recommended measure be held for further study. Died.

Washington Health Insurance Coverage Died

Substitute bill version: Requires the drug utilization review board to consider the safety, efficacy, and cost-effectiveness of drugs and gene therapies in its recommendations to the director of the authority regarding coverage for medical assistance programs. Died.

California Privacy Died

Language in introduced version, which pertained to genetic characteristics and workers compensation, was stricken. Amended version of bill states that peace officer and custodial officer personnel records maintained by a state or local agency are not confidential and are available for public inspection. Records available for inspection include those relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct such as verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of various factors, including genetic information. Died.

Georgia Privacy Died

Except as required by the federal Individuals with Disabilities Education Act, specified information, including DNA, may not be collected, entered into any student data base, or maintained as education records by a state agency, local board of education, or school. Died.

Maine Privacy Died

Prohibits the collection, entry into an education database or maintenance of DNA by as education records by the department of education or school administrative unit. Died.

Maryland Other Topics Died

Prohibits a hospital or related institution from discriminating in admitting or providing care for an individual based on various factors, including genetic information. Died.

Massachusetts Health Insurance Coverage Died

Requires insurance coverage for magnetic resonance imaging for certain persons for the detection of breast cancer, including women who have tested positive for Breast Cancer Gene 1 or Breast Cancer Gene 2 mutations or one or more first degree relatives test positive for Breast Cancer Gene 1 or Breast Cancer Gene 2 mutations. 3/28/2016 Accompanied a study order, see H4111.

Minnesota Privacy Died

The controller of a legal entity that conducts business in the state may not process sensitive data concerning a consumer without obtaining the consumer's consent, or, in the case of the processing of personal data concerning a known child, without obtaining consent from the child's parent or lawful guardian, in accordance with the children's online privacy protection act requirements. Sensitive data is defined to include genetic or biometric data for the purpose of uniquely identifying a person. The law does not apply to various types of information and entities such as protected health information under HIPAA and identifiable private information according to federal policy for the protection of human subjects. Died.

New Hampshire Privacy Died

Establishes and individual's property right to his or her genetic information and DNA sample, except as expressly otherwise provided in statute. Requires consent to acquire, retain, or disclose a person's genetic information or DNA sample. 5/2/2018 Refer to Interim Study, MA, VV.

New York Health Insurance Nondiscrimination Died

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.

North Carolina Employment Nondiscrimination, Other Topics Died

Creates the Equal Employment and Equal Access to Public Accommodations Act. Declares that it is the public policy of the State to protect and safeguard the right and opportunity to all individuals to seek, obtain and hold employment without discrimination or abridgment and to enjoy fully and equally the goods, services, facilities, privileges, advantages, and accommodations of places of public accommodations free of discrimination because of race, sex, national origin, citizenship, religion, age, veteran status, genetic information, pregnancy, handicap, or disability. Declares that it is the policy of the State Board of Community Colleges, local boards of trustees of the State of North Carolina, and the Board of Governors of the University of North Carolina not to discriminate among students. Died.

Texas Other Lines of Insurance Nondiscrimination Died

Relates to a prohibition on the use of genetic information gathered from direct-to-consumer genetic tests by a long-term care benefit plan issuer or a life insurance company. 5/17/2021 Received from the House. Died.

Massachusetts Privacy Died

Protects biometric information under the security breach law. Biometric information includes genetic information. Died.

Mississippi Employment Nondiscrimination, Health Insurance Nondiscrimination Died

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.

New Jersey Privacy Died

Makes confidential any part of a 9-1-1 audio recording or transcript that discloses a person's health status, medical conditions, health care services or treatments, medical history, genetic information, or current health insurance plan information by excluding it from the definition of a government record. Died.

New York Privacy Died

Prohibits the release of personally identifiable student information, including DNA sequence, where parental consent is not provided. Died.

North Dakota Health Insurance Coverage Died

Requires the public employees retirement board to provide coverage for the expenses of the diagnosis of infertility, fertility treatment, and standard fertility preservation services if recommended and medically necessary. Fertility treatment includes genetic testing. Died.

Vermont Health Insurance Coverage Died

Requires health insurance and Medicaid coverage for chromosomal microarray analysis. Died.

Wisconsin Privacy Died

Establishes requirements for businesses related to personal information such as biometric information collected about consumers. Biometric information is defined to include DNA. 4/1/2020 Failed to pass pursuant to Senate Joint Resolution 1.

Arizona Health Insurance Nondiscrimination Died

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.

Florida Other Topics Died

The bill establishes the Florida Priority Care Project. The project aims to place a higher public priority on targeting the needs of adults who have a serious mental illness and who have a history that indicates a high probability that they could pose a threat to public safety. Requirements for the project include the use of genetic testing to help establish the correct medication regimes to be used to manage and treat a client's symptoms. Died.

Iowa Health Insurance Nondiscrimination Died

Iowa residents are eligible and entitled to enroll as a member in and receive benefits for health care services covered by the healthy Iowa program. A participating health care provider or participating care coordinator may not refuse to provide health care services to a member on the basis of genetic information. Died.

Maryland Privacy Died

A business that owns or licenses computerized data that includes personal information such as genetic information of an individual must conduct a reasonable and prompt investigation upon the breach of the security of a system. Died.

Minnesota Use of Residual Newborn Screening Specimens Died

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.

Montana Health Insurance Nondiscrimination Died

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.

New Mexico Employment Nondiscrimination Died

Creates the Workplace Harassment Prevention and Education Section of the Human Rights Bureau. The section is responsible for enforcing unlawful workplace harassment policies, including those that pertain to harassment based on genetic information. Died.

New York Employment Nondiscrimination Died

Establishes unlawful discriminatory practices relating to models, including discrimination based on predisposing genetic characteristics. Died.

Tennessee Privacy Died

Following discovery or notification of a breach of system security by an information holder, the information holder must disclose the breach of system security to any resident of the state whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Personal information includes a DNA profile. Died.

Washington Privacy Died

Establishes the parent's bill of rights. Requirements set forth in the bill include parental written consent before any record of a minor child's blood or DNA is made, shared or stored unless required by law or court order. Died.

California Other Topics Died

A certified peace officer must have their certificate suspended or revoked, and an applicant must have their application for a certificate denied, upon a determination that the peace officer or applicant meets certain conditions. Requires the development of a definition of �serious misconduct," which will serve as the criteria to be considered for suspension or revocation of a certificate. This definition must include certain examples of serious misconduct such as bias in the performance of a peace officer or custodial officer�s duties, including, but not limited to, verbal statements, writings, online posts, recordings, and gestures involving prejudice or discrimination against a person on the basis of genetic information. Carries over to 2022.

Hawaii Health Insurance Coverage Died

Requires health insurers, mutual benefit societies and health maintenance organizations to provide coverage for: (1) screening to determine whether counseling and testing related to the BRCA1 or BRCA2 genetic mutation is indicated; and (2) genetic counseling and testing related to the BRCA1 or BRCA2 genetic mutation, if indicated. Died.

Maryland 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.

Massachusetts Other Topics Died

Prohibits local or state administrative, legislative or regulatory body or instrumentality to from engaging in a discriminatory land use practice, including practices based on genetic information. 2/13/2020 In Senate. Accompanied a study order, see S2528. Died.

Mississippi Privacy Died

Allows parents to opt out of the collection, tracking, housing, reporting, selling, or sharing with any party outside of the local school district, of noneducational-related information on a child or his or her family, including a DNA sequence. 1/30/2018 Died in Committee.

New Jersey Health Insurance Nondiscrimination Died

Expands the state law on discrimination by prohibiting any entity that operates a health program or activity from: 1. Excluding participation in, deny the benefits of, or otherwise discriminate under any health program or activity on the basis of an individual�s genetic information or 2. Aiding or perpetuating discrimination against any person by providing significant assistance to any entity or person that discriminates on the basis of genetic information. Died.

New York Other Topics Died

Establishes a genetics advisory council. Topics to be examined by the council include (1) creating an environment in which there is equitable access to the benefits of genetic tests to all citizens regardless of race, ethnicity or economic status; and (2) 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. Died.

Oklahoma Health Insurance Coverage Died

Requires certain residents of long-term care facilities to have a pharmacogenomics profile conducted. The profile must include the results of at least eighteen genes tested and be accompanied by treatment guidance for each disease state-tested. Died.

Virginia Genetic data storage/privacy/sharing (industry) Died

Establishes requirements for direct-to-consumer genetic testing companies, including requirements related to information to be provided
to consumers, consent requirements, requirements related to sec...

California 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.

Florida Privacy Died

Establishes the parent's bill of rights. Requirements set forth in the bill include parental written consent before any record of a minor child's blood or DNA is made, shared or stored unless required by law or court order. 3/14/2020 Died in Judiciary.

Kentucky Other Topics Died

Requires a health facility that provides perinatal care inform each patient, upon admission regarding the patient's right to to be free of discrimination on the basis of various factors, including genetic information. Died.

Maryland Health Insurance Nondiscrimination Died

Establishes the Healthy Maryland Program. Requires the Board to establish requirements and standards to consistent with state nondiscrimination laws, including those pertaining to genetic information. Participating providers may not refuse to provide health care services on the basis of genetic information. Died.

Maryland Privacy Died

Amends the statute requiring certain units of State government to employ reasonable security procedures and practices. Proposed changes to the law include altering the definition of biometric information by removing the term genetic print and adding an individual's DNA to the definition. In the House - Hearing 3/31 at 1:30 p.m. Died.

Minnesota Other Topics Died

Establishes a genetic marker testing pilot program. The program is intended to refine the understanding of disease onset and progression, treatment response, and health outcomes through more precise measurement of genetic factors that contribute to health and disease. Died.

Nebraska Health Insurance Coverage Died

Requires individual or group sickness and accident insurance policies or subscriber contracts; hospital, medical, or surgical expense-incurred policies; and any self-funded employee benefit plan to the extent not preempted by federal law shall to provide coverage for screening digital breast tomosynthesis and digital magnetic resonance imaging if a woman 40 or older has positive genetic testing. Died.

New York Health Insurance Nondiscrimination Died

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.

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Additional Resources

Cornell Legal Information Institute
This website allows users to search for Federal and state laws and regulations. NHGRI’s Genome Statute and Legislation Database does not include regulations.

LawSeqSM Database
Developed at the University of Minnesota and Vanderbilt University Medical Center, this database allows users to search federal and state statutes, regulations, and reported judicial decisions. The database allows searches by jurisdiction (federal, state, and individuals states), source type, topic, and open text. This resource was developed by a project funded by NHGRI and the National Cancer Institute (NCI) on “LawSeqSM: Building a Sound Legal Foundation for Translating Genomics into Clinical Application” (grant #: R01HG008605; Susan M. Wolf,. Ellen Wright Clayton, and Frances Lawrenz, principal investigators). The team keeps this database up to date.

National Society of Genetic Counselors
To find information about state genetic counselor licensing laws, visit the National Society of Genetic Counselors’ website. NHGRI’s Genome Statute and Legislation Database does not include state laws related to genetic counseling. 

Last updated: February 8, 2024