Genome Statute and Legislation Database

This bill amends provisions of law that relate to the use of genetic tests and genetic information by an insurer, nonprofit health service plan, or health maintenance organization. The bill also amends provisions related to the use of genetic information in disability insurance, longterm care insurance, or life insurance. Measure failed.

This bill amends provisions in the state newborn screening law pertaining to the use of residual dried blood spots for research. The bill states that a person conducting research on blood spots, other specimens, or registry data that is maintained by the health department must follow IRB processes for human research, which must include obtaining parent or guardian authorization. 4/16/2015 Signed by the Governor.

This bill amends Louisianas genetic nondiscrimination in health insurance law. The definition of genetic information and genetic test is revised. The bill also prohibits health insurers from requesting, requiring or purchasing genetic information; requesting or requiring a genetic testing (with some exceptions); establishing rules for eligibility based on genetic information; adjusting premium or contribution amounts based on genetic information; or imposing a pre-existing condition exclusion based on genetic information. An insurer may request that an individual or a family member undergo a genetic test for research that complies with the Common Rule. Signed by the Governor July 7, 2009.

This bill amends Florida's health_insurance_nondiscrimination law. The bill removes the exemption for life, disability and long-term care insurance under existing law and states that the law applies to other lines of insurance. Died.

This bill amends Florida's health_insurance_nondiscrimination law. The bill removes the exemption for life, disability and long-term care insurance under existing law and states that the law applies to other lines of insurance. Died.

This bill amends existing statutes pertaining to mammography coverage for persons with a predisposition to breast cancer by amending provisions related to copayments and deductibles and the frequency of mammography coverage requirements (breast cancer screening with mammography required annually.) Signed by the Governor on May 13, 2013.

This bill amends existing statute sections and creates new statute sections pertaining to health_insurance_nondiscrimination, genetic privacy, research issues and enforcement of these provisions. Signed by the Governor on June 7, 2010.

This bill amends existing statute sections and creates new statute sections pertaining to health_insurance_nondiscrimination, genetic privacy, research issues and enforcement of these provisions. 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.

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 amends existing law on the protection of human subjects, which provides an exemption until January 1, 2011 for any medical experimental treatment that benefits a patient subject to a life-threatening emergency if prescribed conditions are met. This bill provides that this exemption remains in effect until January 1, 2014. Signed by the Governor July 15, 2010.

This bill amends definitions in the Colorado genetic nondiscrimination in health insurance law. The bill also adds a new section to the Colorado statutes pertaining to limitations on disclosure of genetic information and allows the use of genetic information by research facilities provided that the information is not disclosed to third parties other than to an individual's physician with his or her consent. Signed by the Governor May 25, 2010.

This bill amends current health_insurance_nondiscrimination law by deleting provisions pertaining to pre-existing condition exclusions, including those pertaining to genetic information. The amendments prohibit pre-existing condition exclusions entirely to ensure that consumer protections provided under the Affordable Care Act are codified in state law. 3/19/2019 Signed by the Governor.

This bill allows a person discriminated against or the department of workforce development under the state fair employment practices law to bring an action in circuit court. Measure failed.

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.

This bill adds third generation pedigrees to health data protections that apply to the state health department. This bill also requires government entities to obtain written informed consent to collect genetic information and human biological specimens. Consent must include the purpose for collection, the length of retention, and any dissemination outside the organization that will occur. Measure failed.

This bill adds supplemental Medicare policies to health insurance plans covered under the state genetic_discrimination Act. HF 1853, which was approved by the Governor, was substituted for this bill.

This bill adds definitions to the genetic nondiscrimination in employment law. Signed by the Governor April 29, 2010.

This bill adds a new chapter to the Hawaii statutes on the privacy of health care information. The bill provides for the protection of "protected health information," including genetic information. The bill allows a health care provider, health plan, public health authority, employer, insurer or educational institution to disclose protected health information to health researchers if certain requirements are met, including review of the research by an IRB. Measure failed.

This bill addresses informed consent for disclosing genetic information by adding those individuals authorized to access EMR and DHIN. Signed by the Governor on 7/27/2015.

These statute sections contain provisions from 2011 CA SB 559, referred to as CalGINA. The opportunity to seek, obtain, and hold employment without discrimination because of genetic information, is recognized as a civil right. It is an unlawful employment practice, unless based on a bonafide occupational qualification, to subject any employee, applicant or other person to a test for the presence of a genetic characteristic. In addition, a person in the State of California may not, on the basis of genetic information, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, 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.

The Texas Workforce Commission collects and reports on complaints of employment discrimination, including those related to the use of genetic information.

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.

The statutes restrict the use and disclosure of genetic tests and the use of family history by a licensing authority. A sample obtained from an individual for a genetic test must be destroyed promptly after the purpose for which the sample was obtained with some exceptions, including (1) authorized retention of the sample for medical treatment or scientific research or (2) if the sample was obtained for research that is cleared by an institutional review board, and retention of the sample is under a requirement the institutional review board imposes on a specific research project or authorized by the research participant with institutional review board approval under federal law. Genetic information may not be disclosed without written authorization with some exceptions, including (1) if the disclosure is for information from a research study in which the procedure for obtaining informed written consent and the use of the information is governed by national standards for protecting participants involved in research projects, including guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46 and (2) the information does not identify a specific individual.

The statutes require carriers and health care service plans offering plan contracts in the individual market, other than individual grandfathered plan coverage, to offer to the responsible party for a child coverage for the child that does not exclude or limit coverage due to any preexisting condition of the child. A health care service plan may not condition the issuance or offering of individual coverage on certain factors, including genetic information.