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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
New Mexico Privacy Enacted

This bill amends the Genetic Information privacy Act by adding an exemption for clinical laboratories with regard to consent requirements. A laboratory conducting an analysis or test of a specific individual per a written order from a health care practitioner or the health care practitioner's agent, including by electronic transmission, may obtain, retain, transmit, or use an individual's DNA, genetic information, or test results without the individual's written and informed consent. Signed by the Governor 4/10/2015.

Colorado Privacy Enacted

Creates the Colorado privacy Act. Prohibits the processing of a consumer's sensitive data without first obtaining the consumer's consent. Sensitive data includes genetic or biometric that may be processed for the purpose of uniquely identifying an individual. 7/7/2021 Governor signed. Effective July 1, 2024.

Massachusetts 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.

Utah Health Insurance Coverage Enacted

Requires the Medicaid program to reimburse for exome sequencing for undiagnosed enrollees under the age of 21. March 26, 2019 Governor Signed. Effective 60 days after adjournment on March 14, 2019.

California 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.)

Kentucky Privacy Enacted

The bills governs the use of personal information by state institutions. The definition of personal information includes a biometric or genetic print. Signed by the Governor on April 10, 2014.

New York Other Topics Enacted

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. 4/3/2020 Signed by the Governor.

California Employment Nondiscrimination, Health Insurance Nondiscrimination Enacted

Amends state law prohibiting denial of full and equal access to benefits or discrimination in any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state based on genetic information and other characteristics. The bill would remove the authority of those state agencies to promulgate regulations to prohibit discrimination and would require the investigation and enforcement of anti-discrimination provisions to be performed by to the Department of Fair Employment and Housing. Chaptered on 9/30/2016. However, the bill is effective on January 1, 2017 only if AB 2707, which pertains to racial profiling, is enacted. On 9/27/2016 the Governor vetoed AB 2707.

Louisiana Health Insurance Coverage Enacted

Requires any health coverage plan renewed, delivered or issued for delivery in Louisiana to provide coverage for genetic or molecular testing for cancer including but not limited to tumor mutation testing, next generation sequencing, hereditary germline mutation testing, pharmacogenomic testing, whole exome and genome sequencing, and biomarker testing. 6/1/21 Signed by the Governor. Becomes Act No. 43. Effective 1/1/2022.

Ohio Health Insurance Nondiscrimination Enacted

Amends existing health_insurance_nondiscrimination law. The bill adds that accident and sickness insurers and public employee health benefit plans may not use information from genetic screening or testing to set premiums for, a policy or plan. Effective 6/30/2015.

Florida Other Lines of Insurance Nondiscrimination, Privacy Enacted

Amends the state insurance law pertaining to the use of genetic information. Prohibits life, long-term care, or disability income insurers from: (1) canceling, limiting or denying coverage, or establishing differentials in premium rates, based on genetic information in the absence of a diagnosis; (2) requiring or soliciting genetic information, using genetic test results, or considering a person's actions related to genetic testing for any insurance purpose. 6/30/2020 Approved by the Governor. Effective 7/1/2020.

Missouri Health Insurance Nondiscrimination Enacted

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.

West Virginia Privacy Enacted

Prohibits the West Virginia Department of Education from transferring confidential student information, including genetic information, to any federal, state or local agency or other person or entity with some specified exceptions. Signed by the Governor 3/25/2016. Effective 90 days from passage.

California Health Insurance Nondiscrimination Enacted

Authorizes an association of employers to offer a large group health care service plan contract or large group health insurance policy to small group employer members of the association consistent with federal Employee Retirement Income Security Act of 1974, if certain requirements are met. A policy or contract that is offered to or covers a small employer may not establish rules for eligibility, including continued eligibility, of an individual, or dependent of an individual, to enroll under the terms of the policy or contract based on various health status-related factors such as genetic information. 10/8/2021 Approved by the Governor. Effective 1/1/2022.

Maryland Other Topics Enacted

A person who directly or indirectly advertises or solicits business for diagnostic laboratory tests or procedures is a covered entity under HIPAA and must make certain disclosures. The law does not apply to germline genetic or genomic testing for the analysis, diagnosis or prediction of human disease. May 13, 2019 Approved by the Governor - Chapter 413. Effective October 1, 2019.

Illinois Other Lines of Insurance Nondiscrimination Enacted

A company providing direct-to-consumer commercial genetic testing is prohibited from sharing genetic test information or other personally identifiable information about a consumer with any health or life insurance company without written consent from the consumer. Direct-to-consumer genetic tests are added to the definition of genetic test under the Genetic Information privacy Act. 7/26/2019 Public Act. Effective January 1, 2020.

New Mexico Health Insurance Nondiscrimination Enacted

Aligns health insurance law with federal law. Prohibits a group health benefits plan or a health insurance issuer that offers group health_insurance_coverage in connection with a group health benefits plan from adjusting premiums or contribution amounts for the group covered under the plan on the basis of genetic information. April 4, 2019 Signed by Governor - Chapter 259. Effective June 5, 2019.

Connecticut Health Insurance Coverage Enacted

Adds tomosynthesis to health_insurance_coverage requirements if a woman is believed to be 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 physician or advanced practice registered nurse. June 2, 2016 Approved. Effective January 1, 2017.

Massachusetts Employment Nondiscrimination Enacted

Establishes that it is House policy and practice to assign, promote and compensate employees on the basis of qualifications, merit, and competence. Prohibits employment practices that are influenced or affected by virtue of an applicant's or employee's genetic information. 1/30/2019 Order adopted and published as amended.

Utah Employment Nondiscrimination Enacted

Introduced version prohibited a lobbyist from engaging in unlawful harassment, including based on genetic information. The language pertaining to genetic information was not included in the final version signed by the Governor on 3/26/2019.

California Use of Residual Newborn Screening Specimens Enacted

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.

Kentucky Health Insurance Coverage Enacted

Requires health benefit plans to cover any genetic test for cancer risk recommended by a physician, physician's assistant, genetic counselor or nurse if the recommendation is consistent with genetic testing guidelines of the National Comprehensive Cancer Network. Signed by the Governor on May 19, 2019. Effective January 1, 2020.

New York Employment Nondiscrimination Enacted

Declares that it is the policy of the state and all its political subdivisions to ensure a fair, non-biased compensation structure for all employees. Status within one or more protected class or classes may not be considered directly or indirectly in determining proper compensation or pay for any individual or group of employees, and no employee with status within one or more protected class to classes may be paid a wage at a rate less than the rate at which an employee without status within the protected class or classes in same establishment is paid for similar work. Protected class includes predisposing genetic characteristic. 4/3/2020 Signed by the Governor.

California Other Topics Enacted

Requires the State Department of Health Care Services to provide individuals diagnosed with breast cancer information relating to breast cancer susceptibility gene (BRCA) mutations. The goal is to help achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions. 10/12/2017 Chaptered by Secretary of State - Chapter 693, Statutes of 2017.

Maine Health Insurance Nondiscrimination, Research Enacted

This bill prohibits carriers of hospital, health or dental insurance from discriminating based on genetic information, refusal to submit to a genetic test or to make available the results of a genetic test, or on the basis that an individual or dependent received a genetic test or genetic counseling. A carrier may request but not require a genetic test pursuant to the Common Rule, or equivalent federal regulations and any applicable state or local laws, rules or regulations for the protection of human subjects in research and in compliance with specified conditions. Other provisions limit the ability of carriers to request, require or purchase a genetic information for certain purposes. Signed by the Governor and Public Law as of June 3, 2009.

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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