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 Sort descending | Primary Link | Topic(s) | Bill Status | Summary |
---|---|---|---|---|
New Jersey | 2020 State Bills New Jersey 2020 A4697 | Health Insurance Coverage | Died | Requires a hospital service corporation that provides hospital or medical expense benefits to provide coverage for screening to determine whether genetic counseling related to the BRCA1 or BRCA2 genetic mutations is indicated; genetic counseling; and if indicated, BRCA testing. Died. |
New Jersey | State StatuteNew Jersey: NJS 10:5-43 et seq. | Privacy, Research | Statute | A person may not (1) obtain genetic information from an individual or from an individual's DNA sample or (2) retain an individuals genetic information without prior informed consent with some exceptions, including for anonymous research where the identity of the subject will not be released. A DNA sample from an individual who is the subject of a research project must be destroyed promptly upon completion of the project or withdrawal of the individual from the project unless consent to retain the sample is provided. Additional provisions address retention and disclosure. The statutes set forth civil and criminal penalties for violations. |
New Jersey | 2018 State Bills New Jersey 2018 A4640 | Privacy | Died | This bill sets forth privacy protections for personally identifiable information collected by businesses. Personally identifiable information includes biometric data such as DNA. Died. |
New Jersey | 2020 State Bills New Jersey 2020 A4892 | 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 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. |
New Jersey | 2018 State Bills New Jersey 2018 AJR181 | Other Topics | Died | Establishes New Jersey Pharmacogenomics Commission. Died. |
New Jersey | 2020 State Bills New Jersey 2020 AJR 155 | Other Topics | Died | Establishes New Jersey Pharmacogenomics Commission. Died. |
New Mexico | 2013 State Bills New Mexico 2013 HB 168 | Health Insurance Nondiscrimination | Died | Prohibits pre-existing condition exclusions in qualified health plans in the New Mexico Health Insurance Exchange Act. Genetic information is not included as a preexisting condition for the purposes of limiting or excluding benefits in the absence of a diagnosis of the condition related to the genetic information. (Provision related to genetic information is in Committee Substitute version) Died. |
New Mexico | 2013 State Bills New Mexico 2013 HB 366 | Health Insurance Coverage | Died | An individual or group health insurance policy, health care plan or certificate of health insurance that is delivered or issued for delivery in New Mexico must provide certain benefits that have, in effect, a rating of "A" or "B" in the current recommendations of the United States preventive services task force, for various services, including genetic counseling and evaluation for breast cancer BRCA-gene testing for women whose family histories are associated with an increased risk for deleterious mutations in BRCA1 or BRCA2 genes. Died in Committee. |
New Mexico | 2013 State Bills New Mexico 2013 SB 445 | Employment Nondiscrimination, Privacy | Died | Enacts the Uniform Protection of Genetic Information in Employment Act. The bill also amends the Genetic Information privacy Act. Died in Consumer and Public Affairs Committee. |
New Mexico | State StatuteNew Mexico: NMSA 24-21-1 et seq. | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Privacy, Research | Statute | The statutes contain provisions on the acquisition, collection, retention, transmission or use of genetic information. Consent requirements provide an exemption (1) if DNA, genetic information or results of genetic analysis are not identified with the person or person's family members or (2) for the purpose of medical or scientific research and education (including retention of gene products, genetic information or genetic analysis if the identity of the person or person's family members is not disclosed.) Discrimination by an insurer against a person or his/her family member based on genetic analysis, genetic information or genetic propensity is prohibited. Life, disability income or long-term care insurance are exempt if use is based on sound actuarial principles or related to actual or reasonably anticipated experience. Upon request a persons genetic information or samples must be promptly destroyed with some exceptions, including if retention is authorized under a research protocol approved by an institution review board pursuant to federal law. It is unlawful for a person to use genetic information in employment or recruiting. A person whose rights under the provisions of the Genetic Information privacy Act have been violated may bring a civil action for damages or other relief. |
New Mexico | 2019 State Bills New Mexico 2019 HB 141 | Privacy | Died | Prohibits the disclosure of sensitive personal information by a state agency employee acquired by virtue of the employee's position with a state agency to anyone outside the state agency except under specified circumstances. Died. |
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. |
New Mexico | 2019 State Bills New Mexico 2019 SB 24 | 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 Mexico | State StatuteNew Mexico: NMSA 59A-23C-5.1, 59A-23C-7.1, 59A-23E-2, 59A-23E-11, … | Health Insurance Nondiscrimination | Statute | A health benefit plan that is offered by a carrier or an approved health plan offered to a small employer and plans subject to the Health Insurance Portability Act may not impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. A group health plan and a health insurance issuer offering group health_insurance_coverage may not establish rules for eligibility or continued eligibility based a health status-related factor, including genetic information. 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. Under the Small Group Rate and Renewability Act, provisions allowing a carrier to use health status in establishing the amount an employer may be charged for coverage under a group health plan exclude genetic information from the definition of health status. |
New Mexico | 2021 State Bills New Mexico 2021 SB 408 | Employment Nondiscrimination, Other Topics, Privacy | Died | Establishes that every person, whether a minor or an adult, has the right of bodily integrity and the freedom to assert that right. A person may not be discriminated agains or denied public accommodation, housing accommodation, employment, government services or any other services offered to the general public or otherwise penalized for the assertion of the right of bodily integrity, including the right not to provide samples of bodily fluids, bodily tissue or genetic material. Died. |
New Mexico | 2015 State Bills New Mexico 2015 HB 369 | 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. |
New Mexico | 2011 State Bills New Mexico 2011 SB 205 | Employment Nondiscrimination | Died | This bill enacts the Uniform Protection of Genetic Information in Employment Act on employee access to genetic information, confidentiality and retention of genetic information and disclosure of genetic information. Measure failed. |
New Mexico | 2019 State Bills New Mexico 2019 HB 436 | 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. |
New Mexico | 2012 State Bills New Mexico 2012 SB 290 | Health Insurance Nondiscrimination | Died | This bill removes language in several sections of the statutes related to health insurance, which state that genetic information is not a health status factor. Measure failed. |
New York | 2019 State Bills New York 2019 A1890 | Employment Nondiscrimination | Died | Prohibits discrimination or harassment based predisposing genetic characteristics of non-employees in the workplace. Died. |
New York | 2013 State Bills New York 2013 A506 | Use of Residual Newborn Screening Specimens | Died | This bill requires written parental consent to store a newborn's test, blood spot or other genetic information for any purpose other than newborn screening. Died. |
New York | 2020 State Bills New York 2020 S7506 | 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. |
New York | 2009 State Bills New York 2009 A1445 | Research | Died | This bill regulates the use of human subjects for medical research and experimentation, including subjects with mental disorders and children. Measure failed. |
New York | 2019 State Bills New York 2019 A8125 | Research | Died | Authorizes human research in compliance with federal law. Substituted by S6488. Senate substitute signed by the Governor on 9/13/19. |
New York | 2015 State Bills New York 2015 A318 | Health Insurance Coverage | Died | The bill requires accident and health insurance policies to cover the cost of genetic testing for people with a family history of cancer when the attending physician determines the person has a significant risk of cancer. Died. |
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. |
New York | 2011 State Bills New York 2011 A2837 | Other Lines of Insurance Nondiscrimination | Died | This bill prohibits discrimination based on genetic characteristics in life and disability insurance. Measure failed. |
New York | 2020 State Bills New York 2020 S8448 | Privacy | Died | Imposes requirements for the collection and use of emergency health data and personal information and the use of technology to aid during the COVID-19 public health emergency. Requires entities using technology to get consent from individuals and to disclose certain information including the right to privacy and who will have access to the data. Emergency health data is defined to include genetic data. Died. |
New York | 2017 State Bills New York 2017 A3008 | Other Topics | Enacted | In introduced version of the bill, a Transportation Network Company (TNC) may not discriminate against passengers or potential passengers on the basis of a genetic predisposition. TNC drivers must comply with the anti-discrimination law. 4/20/2017 Signed by the Governor Chapter 58. However, final version of the bill does not include provision related to genetic information. |
New York | 2017 State Bills New York 2017 A8752 | Employment Nondiscrimination | Died | Prohibits clients and modeling agencies from subjecting a model to harassment based on various characteristics, including predisposing genetic characteristics, where such harassment has the purpose or effect of unreasonably interfering with an individual's provision of modeling services by creating an intimidating, hostile, or offensive environment. Died. |
New York | 2021 State Bills New York 2021 A6042 | Other Topics, Privacy | Pending | Prohibits businesses from processing personal information for the purpose of advertising, marketing, soliciting, offering, selling, leasing, licensing, renting, or otherwise commercially contracting for employment, finance, health care, credit, insurance, housing, or education opportunities, in a manner that discriminates against or otherwise makes the opportunity unavailable on the basis of an individual's or class of individuals' actual or perceived predisposing genetic characteristics. Requires businesses to obtain freely given, specific, informed, and unambiguous opt-in consent from an individual to: (a) Process such individual's personal information; and (b) Make any changes in the processing of such individual's information that necessitate a change to the entity's required short-form privacy notice. Carries over to 2022. |
New York | 2019 State Bills New York 2019 A1911 | Privacy | Died | Requires biometric identifies and information to be treated in a manner similar to confidential and sensitive information such as a genetic marker or genetic testing information. Died. |
New York | 2013 State Bills New York 2013 A6527 | Privacy | Died | This bill establishes the Medicaid identification and anti-fraud biometric technology pilot program. Biometric technologies includes, but is not limited to, DNA and other identifiers. Died. |
New York | 2021 State Bills New York 2021 A954 | Privacy | Enacted | Directs the director of the office of information technology services to conduct a study on the use of biometric identifying technology. Prohibits the use of biometric identifying technology in schools until July 1, 2022 or until the commissioner of education authorizes such purchase or utilization, whichever occurs later. Biometric identifier is defined to include a DNA sequence. 1/28/2021 Signed by the Governor. Effective immediately. |
New York | State StatuteNew York: NYCL (ISC) 2615 | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | No insurer may request or require an individual proposed for insurance coverage to submit to a genetic test without prior written informed consent. Further disclosures require additional consent. If an adverse underwriting decision is based on the results of a genetic test, the insurer must notify the individual. No insurer who lawfully possesses information derived from a genetic test on a biological sample may incorporate the information into the record of a non-consenting individual. Penalties for violations are set forth. |
New York | 2009 State Bills New York 2009 A1769 | Other Lines of Insurance Nondiscrimination | Died | This bill prohibits denial, cancellation or alteration of a life or disability insurance policy or group life or disability insurance policy, including renewals, on the basis of any genetic testing performed on an insured, applicant or family member of insured or applicant. Measure failed. |
New York | 2019 State Bills New York 2019 A8169 | Privacy | Died | Requires every personal information recipient to protect the security and integrity of all personal information in their custody from unauthorized access or unauthorized use. Places strict liability on companies where breaches of security allow for personal information to be compromised. Personal information is defined to include biometric information such as DNA. Died. |
New York | 2015 State Bills New York 2015 A323 | Health Insurance Coverage | Died | Requires policies that provide coverage for hospital, surgical or medical to cover screening for ovarian cancer, including genetic testing. Additional coverage is required if genetic testing is positive. Died. |
New York | 2011 State Bills New York 2011 A5065 | Research | Died | This bill regulates the use of human subjects for medical research and experimentation, including subjects with mental disorders and children. Measure failed. |
New York | 2020 State Bills New York 2020 S9073 | Privacy | Died | Establishes the It's Your Data Act for the purposes of providing protections and transparency in the collection, use, retention, and sharing of personal information. Biometric information, which is defined to include DNA, is considered protected information. Died. |
New York | 2017 State Bills New York 2017 S2005 | Other Topics | Enacted | Establishes a Hate Crime Task Force. The task force will issue reports and publications in conjunction with the Division on Human Rights to combat discrimination based on a variety of factors, including genetic information. 4/20/2017 Signed by the Governor Chapter 55. |
New York | 2017 State Bills New York 2017 S1264 | Other Topics | Died | A Transportation Network Company (TNC) may not discriminate against passengers or potential passengers on the basis of a genetic predisposition. TNC drivers must comply with the anti-discrimination law. Died. |
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. |
New York | 2019 State Bills New York 2019 A239 | Other Topics | Died | Establishes an eleven member genetics advisory council. Died. |
New York | 2013 State Bills New York 2013 S2642 | Privacy | Died | Establishes the office of data protection and privacy for intelligence data centers to protect the privacy of personal information and biometric identifiers, including DNA. Died. |
New York | 2021 State Bills New York 2021 S893 | Privacy | Enacted | Directs the director of the office of information technology services to conduct a study on the use of biometric identifying technology. Prohibits the use of biometric identifying technology in schools until July 1, 2022 or until the commissioner of education authorizes such purchase or utilization, whichever occurs later. Biometric identifier is defined to include a DNA sequence. 1/25/2021 Substituted by A954. 1/28/2021 Signed by the Governor. Effective immediately. |
New York | State StatuteNew York: NYCL (ISC) 3221, 3232, 4305, and 4318 | Health Insurance Nondiscrimination | Statute | Insurers or corporations delivering group or blanket health policies that provide hospital, surgical or medical expense coverage may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information. Individual and group or blanket health insurance policies or contracts may not impose pre-existing condition exclusions based on genetic information in the absence of a diagnosis. |
New York | 2009 State Bills New York 2009 A2464 | Health Insurance Coverage | Died | This bill requires accident and health insurance policies to cover the cost of genetic testing of persons with a family history of cancer when the attending physician determines such person has a significant risk of cancer. Measure failed. |
New York | 2019 State Bills New York 2019 S1203 | Privacy | Died | Requires biometric identifies and information to be treated in a manner similar to confidential and sensitive information such as a genetic marker or genetic testing information. Died. |
Last updated: February 8, 2024