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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Maine | State StatuteMaine: MRS 22 1711C | Privacy, Research | Statute | An individual's health care information, including information about individual cells or their components or genetic information, is confidential. Authorization is required to disclose this information other than to the individual by the health care practitioner or facility with some exceptions. The definition of health care information excludes information that protects the anonymity of the individual by means of encryption or encoding of individual identifiers or information pertaining to or derived from federally sponsored, authorized or regulated research governed by 21 Code of Federal Regulations, Parts 50 and 56 and 45 Code of Federal Regulations, Part 46, to the extent that such information is used in a manner that protects the identification of individuals. |
New Hampshire | State StatuteNew Hampshire: NHS 141-H:1, 141-H:2, and 141:H-6 | Privacy | Statute | No individual or his/her family member may be required to undergo genetic testing as a condition of doing business with another person. Genetic testing may not be performed on any individual or anywhere on any resident of the state based on bodily materials obtained within the state without prior written and informed consent with some exceptions. Additional provisions address disclosure of results. The statutes establish a right to civil action by aggrieved individuals. |
Vermont | State StatuteVermont: VSA 18 9331 et seq. | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | A policy of insurance may not be underwritten or conditioned on a requirement to undergo genetic testing or the results of genetic testing. Civil and criminal penalties are set forth for violations. |
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. |
Michigan | State StatuteMichigan: MCL 500.3407b and 550.1401 | Health Insurance Nondiscrimination | Statute | An expense-incurred hospital, medical, surgical policy or certificate or health care corporation may not require an insured or his or her dependent or an asymptomatic applicant or his or her asymptomatic dependent to undergo a genetic test or disclose whether a genetic test has been conducted, the results of a genetic test or genetic information. |
Oklahoma | State StatuteOklahoma: OS 36-3614.1 | Health Insurance Nondiscrimination, Research | Statute | Any individual, corporation, association, partnership, insurance support organization, fraternal benefit society, insurance producer, third-party administrator, self-insurer, or any other legal entity engaged in the business of insurance that issues accident and sickness insurance policies or administers a health insurance plan may not deny or condition the issuance or effectiveness of a policy on a pre-existing condition or genetic information. These entities also may not discriminate with respect to pricing a policy or certificate, including premiums, based on genetic information. A violation is an unfair and deceptive act or practice. An insurer also may not request or require a genetic test with an exception for research. An insurer may request a genetic test if the request is pursuant to research that complies with the Common Rule and other specified criteria are met. |
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. |
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. |
Maryland | State StatuteMaryland: Md. Health 19-214.1 | Other Topics | Statute | Prohibits a hospital from withholding financial assistance or from denying a patient's application for financial assistance based on genetic information. |
New Mexico | State StatuteNew Mexico: NMSA 52-3-32.1 | Other Topics | Statute | If a firefighter is diagnosed with breast cancer after five years of employment, and if it is diagnosed before the age of forty without a breast cancer 1 or breast cancer 2 genetic predisposition to breast cancer, the disease is presumed to be proximately caused by employment as a firefighter. |
Washington | State StatuteWashington: RCW 49.44.180 | Employment Nondiscrimination | Statute | A person, firm, corporation, or the state of Washington, its political subdivisions, or municipal corporations may not require any employee or prospective employee to submit genetic information or submit to screening for genetic information as a condition of employment or continued employment. |
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. |
Missouri | State StatuteMissouri: MRS 375.1300 and 375.1306.1 | Employment Nondiscrimination | Statute | An employer may not use genetic information or genetic test results of an employee or prospective employee to distinguish between, discriminate against, or restrict any right or benefit otherwise due or available to such employee or prospective employee. Exceptions are provided for the underwriting of group life, disability income and long-term care insurance, actions required by law or regulation, action taken with written permission of an employee or prospective employee, and the use of genetic information when it is directly related to job performance and assigned responsibilities. |
South Carolina | State StatuteSouth Carolina: SCCL 38-41-45, 38-71-670, 38-71-840, 38-71-860 and… | Health Insurance Nondiscrimination | Statute | Group health insurers may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information or impose a pre-existing condition exclusion based on genetic information. The sections of the statutes pertaining to Individual health insurance and multiple employer self-insured health plans define health status-related factor to include genetic information. Genetic information may not be treated as a pre-existing condition in the absence of a diagnosis within the South Carolina health insurance pool. |
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. |
Massachusetts | State StatuteMassachusetts: MGL 175 108H, 176A 3B, 176B 5B, 176G 24, 176I 4A | Health Insurance Nondiscrimination | Statute | A health maintenance organization, company, insurance broker, medical service corporation, non-profit hospital service corporation or preferred provider organization may not cancel, refuse to issue or renew, or make any distinction or discrimination in the amount of payment of premium or rates charged, in the length of coverage or in any of the terms and conditions based on genetic information. These entities may not require genetic tests or private genetic information. |
North Carolina | State StatuteNorth Carolina: NCGA 126-34.01 et seq. | Employment Nondiscrimination | Statute | The law sets forth procedures for State employment appeals of grievances and disciplinary actions related to discrimination claims, including discrimination based on genetic information. |
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. |
Kentucky | State StatuteKentucky: KRS 304.17A-200 et seq. | Health Insurance Nondiscrimination | Statute | An insurer that offers health benefit plan coverage in the small group, large group, or association market may not establish rules for eligibility based on health status-related factors, including genetic information. Health insurers offering individual health benefit plan coverage may not impose a pre-existing conditions exclusion based on genetic information in the absence of a diagnosis. |
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. |
Texas | State StatuteTexas: TS (Insurance) Code 846.01 and 1501.001 et seq. | Health Insurance Nondiscrimination | Statute | Pre-existing conditions and health status-related factors are defined to include genetic information with respect to multiple-employer welfare arrangements and the health insurance portability and accountability act. |
Maine | State StatuteMaine: MRS 24A 2159-C and 24A 6981 | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Research | Statute | A carrier that issues individual or group hospital, health or dental insurance and the Dirigo Health Self-administered Plan may not discriminate against an individual or eligible dependent on the basis of genetic information, the refusal to submit to a genetic test, refusal to make available the results of a genetic test, or based on the receipt of a genetic test or genetic counseling. A carrier may request, but not require, that an individual undergo a genetic test if the request is made pursuant to research that complies with the Common Rule and other specified criteria are met. Life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurers or an annuity may not (1) discriminate unfairly, which includes the use of genetic test results in a manner that is not reasonably related to anticipated claims experience, or (2) request, require, purchase or use information obtained from a direct-to-consumer genetic test without consent of the individual tested. |
New Hampshire | State StatuteNew Hampshire: NHS 141-H:1, 141-H:3, and 141:H-6 | Employment Nondiscrimination | Statute | No employer, labor organization, employment agency, or licensing agency may (1) solicit, require or administer genetic testing, or (2) affect the terms, conditions, or privileges of, or terminate employment, membership, or licensure based on genetic testing. A person may not sell or provide to these entities any genetic testing relating to an existing or prospective employee, member or licensee unless for the purpose of workers compensation or biomonitoring of workplace toxins and with informed consent. The statutes establish a right to civil action by aggrieved individuals. |
Last updated: February 8, 2024