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 Sort ascending | Summary |
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California | State StatuteCalifornia: Cal. Civil Code 1102.6g | Other Topics | Statute | Prohibits any person or other entity whose business includes performing appraisals of residential real property from discriminating against any person in making available those services, or in the performance of those services, because of various characteristics, including genetic information. Requires every contract for the sale of real property to contain a notice regarding improper or illegal considerations such as genetic information in appraisal of property. |
Louisiana | State StatuteLouisiana: LRS 22:1061 and1063 | Health Insurance Nondiscrimination | Statute | 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. |
Nevada | State StatuteNevada: NRS 629.101 et seq. | Privacy, Research | Statute | 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. |
Utah | State StatuteUtah: UC 26-45-101 et seq. | Employment Nondiscrimination, Health Insurance Nondiscrimination, Privacy | Statute | 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. |
Delaware | State StatuteDelaware: Del. Code 18 3571M, 3572, 3602, 3611, and 7202 | Health Insurance Nondiscrimination | Statute | 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. |
Florida | State StatuteFlorida: FS 627.4301, 636.0201, and 641.438 | Health Insurance Nondiscrimination | Statute | 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. |
Minnesota | State StatuteMinnesota: MS 62V.06 | Health Insurance Nondiscrimination, Privacy | Statute | 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. |
Rhode Island | State StatuteRhode Island: RIGL 27-18-52, 27-18-52.1, 27-19-44, 27-19-44.1, 27-… | Health Insurance Nondiscrimination, Privacy, Research | Statute | 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. |
California | State StatuteCalifornia: Cal. Health and Safety Code 1358.24, and Insurance Cod… | Health Insurance Nondiscrimination | Statute | 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). |
Maryland | State StatuteMaryland: Md. Commercial Code 14-3501 et seq. | Privacy | Statute | The law requires businesses to establish certain protections when using personal information. Personal information is defined to include an individual's genetic print. |
New Jersey | State StatuteNew Jersey: NJS 10:5-5 and 10:5-12(a) | Employment Nondiscrimination | Statute | 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. |
Virginia | State StatuteVirginia: Code of Va. 40.1-28.7:1 | Employment Nondiscrimination | Statute | 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. |
Arizona | State StatuteArizona: ARS 20-448 | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | 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. |
Illinois | State StatuteIllinois: 215 ILCS 5/356z.43 | Health Insurance Coverage | Statute | Provides that an individual or group policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act must provide coverage for medically necessary comprehensive cancer testing and testing of blood or constitutional tissue for cancer predisposition testing as determined by a physician. Comprehensive cancer testing includes, but is not limited to, the following forms of testing: (1) targeted cancer gene panels; (2) whole-exome genome testing; (3) whole genome testing; (4) RNA sequencing; and (5) tumor mutation burden. |
Kansas | State StatuteKansas: KSA 72-6214 | Privacy | Statute | 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. |
Nebraska | State StatuteNebraska: NRS 44-787 | Health Insurance Nondiscrimination | Statute | 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. |
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. |
Colorado | State StatuteColorado: CRS 6-23-101 et seq. | Other Topics | Statute | Prohibits direct primary health care providers from discriminating in the selection of patients on the basis of genetic information and other protected classes. |
Maryland | State StatuteMaryland: Md. State Government Code 20-601 et seq. | Employment Nondiscrimination, Privacy | Statute | 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. |
New York | State StatuteNew York: NYCL (EDN) 363 | Other Topics | Statute | Requires the state university of New York to issue a request for proposals to partner with hospitals both within the state university of New York and other not-for-profit hospitals and non-profit higher education research institutions to map the genomes of individuals suffering from or at risk of Alzheimer's. |
Wyoming | State StatuteWyoming: WSA 26-19-107 and 26-19-306 | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | 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. |
Michigan | State StatuteMichigan: MCL 37.1201 et seq. | Employment Nondiscrimination | Statute | 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. |
Ohio | State StatuteOhio: ORC 3901.21, 3901.41 and 3901.501 | Health Insurance Nondiscrimination | Statute | 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, self-insurers or public employee health benefit plans 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. |
California | State StatuteCalifornia: Cal. Civil Code 1798.100 et seq. | Privacy | Statute | Grants consumers the right to request a business to disclose the categories and specific pieces of personal information that it collects about the consumer; the categories of sources from which that information is collected; the business purposes for collecting or selling the information; and the categories of 3rd parties with which the information is shared. Biometric information, which is defined to include DNA, is considered personal information. On or before January 1, 2020, the Attorney General must solicit broad public participation to adopt regulations to further the requirements set forth in the law. |
Louisiana | State StatuteLouisiana: LRS 22:1964 | Health Insurance Nondiscrimination | Statute | 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. |
Nevada | State StatuteNevada: NRS 689A.417, 689A.545, 689A.585, 689B.420, 689B.450, 689B… | Health Insurance Nondiscrimination | Statute | 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. |
Utah | State StatuteUtah: UC 53A-1-1401 et seq. | Privacy | Statute | Governs the use of biometric identifiers, including human biological samples used for valid scientific testing or screening, by educational entities. |
Delaware | State StatuteDelaware: Del. Code 19 710 et seq. | Employment Nondiscrimination | Statute | 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. |
Alabama | State StatuteAlabama: Code of Ala. 27-5-13 | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | Health and disability insurers may not deny applicants insurance coverage because of a diagnosis of sickle cell anemia. |
Georgia | State StatuteGeorgia: OCGA 45-18-4.1 | Health Insurance Coverage | Statute | Requires the state employees' health insurance and benefit plan to cover mammograms and breast imaging for individuals at high risk for breast cancer. Individuals at high risk include those with a known BRCA 1 or 2 mutation based on genetic testing or with a first degree relative with known mutation. |
Minnesota | State StatuteMinnesota: MS 72A.139 | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | 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. |
Rhode Island | State StatuteRhode Island: RIGL 27-18.5-2, 27-18.6-2, 27-18.6-3, and 27-50-3 | Health Insurance Nondiscrimination | Statute | 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. |
California | State StatuteCalifornia: Cal. Health and Safety Code 1374.7, Insurance Code 101… | Health Insurance Nondiscrimination | Statute | 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. |
Maryland | State StatuteMaryland: Md. Criminal Procedure 17-101 et seq. | Other Topics | Statute | Establishes requirements for the use of genetic genealogical DNA analysis for criminal justice purposes. |
New Jersey | State StatuteNew Jersey: NJS 17:48-6.18, 17:48A-6.11, 17:48E-15.2, 17B-26-3.2, … | Health Insurance Nondiscrimination | Statute | 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. |
Virginia | State StatuteVirginia: Code of Va. 38.2-508.4 and 38.2-613 | Health Insurance Nondiscrimination, Privacy | Statute | 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. |
Arizona | State StatuteArizona: ARS 20-448.02 | Privacy | Statute | A person may not order or require the performance of a genetic test without written informed consent. Genetic test results may not be disclosed without the express consent of the subject of the test or the person authorized to consent for that person. |
Illinois | State StatuteIllinois: 215 ILCS 97/20 and 97/25 | Health Insurance Nondiscrimination | Statute | 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. |
Kansas | State StatuteKansas: KSA 40-2209, 40-2209p, 40-2257, and 40-2259 | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | 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. |
Nebraska | State StatuteNebraska: NRS 48-236 | Employment Nondiscrimination | Statute | 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. |
Texas | State StatuteTexas TS (Civil Practice and Remedies) Code 74.052 | Health Insurance Nondiscrimination, Privacy | Statute | Pertains to medical authorization required to release protected health information in a health care liability claim. Allows the patient or patient's personal or legal representative to exclude genetic information from the authorization. |
Connecticut | State StatuteConnecticut CGA 19a 53 | Use of Residual Newborn Screening Specimens | Statute | The Health Commissioner must review and approve research proposals to be conducted using personally identifiable information in the newborn screening system or requiring contact with affected individuals. |
Maryland | State StatuteMaryland: Public Utilities 17-401 et seq. | Employment Nondiscrimination | Statute | Prohibits the Washington Suburban Sanitary Commission from discriminating against a person on the basis of genetic information. Requires that contracts entered into by the Commission include a provision stating that contractors will not to discriminate in any manner against an employee or an applicant for employment based on a variety of factors, including genetic information. |
New York | State StatuteNew York: NYCL (EXC) law 292 and 296 | Employment Nondiscrimination | Statute | 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. |
South Carolina | 2021 State Bills South Carolina 2021 SB 900 | Privacy | Pending | Enacts the Parental Bill of Rights. Establishes certain rights of parents, including the right to consent in writing before any record of a child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by general law or authorized pursuant to a court order. Carries over to 2022. |
New York | 2021 State Bills New York 2021 A680 | Privacy | Pending | Enacts the NY privacy act to require companies to disclose their methods of de-identifying personal information such as biometric information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared. Biometric information is defined to include DNA. Carries over to 2022. |
Massachusetts | 2021 State Bills Massachusetts 2021 S. 46 | Privacy | Pending | Establishes privacy protections for the collection, use, retention and disclosure of biometric information by businesses in the state of Massachusetts. Biometric information is defined to include. Carries over to 2022. |
Minnesota | 2021 State Bills Minnesota 2021 HF 81 | Other Topics | Pending | Requires the Minnesota Board of Pharmacy to establish a pharmacogenomics task force to evaluate and assess the current availability of pharmacogenomics statewide and to develop recommendations for making pharmacogenomics available statewide. Carries over to 2022 session. |
Georgia | 2021 State Bills Georgia 2021 HB 115 | Other Lines of Insurance Nondiscrimination | Pending | Prohibits life and long-term care insurers that receive information from genetic testing from using the information for any non-therapeutic purpose, including, but not limited to, canceling, limiting, or denying coverage or establishing differentials in premium rates. These insurers also may not require or solicit genetic information, use genetic testing results, or consider a person's decisions or actions related to genetic testing in any manner for any insurance purpose. Carries over to 2022 session. |
North Carolina | 2021 State Bills North Carolina 2021 SB 396 | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Topics, Other Lines of Insurance Nondiscrimination | Pending | Prohibits discrimination based on various characteristics such as genetic information in the following areas: housing; employment; lending; education; public accommodation; insurance; and jury service. Carries over to 2022. |
Last updated: February 8, 2024