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 | Summary |
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California | State StatuteCalifornia: Cal. Insurance Code 10146 et seq. | Other Lines of Insurance Nondiscrimination | Statute | Tests for genetic characteristics may not be required to determine insurability for life and disability income insurance except for policies contingent on review or testing for other diseases and conditions and only with informed consent. Policies may only limit benefits otherwise payable if loss is caused or contributed to by the presence or absence of genetic characteristics if the insurer imposes limitations for other medical conditions that present an increased risk. A life or disability income insurer may not request a genetic test to determine eligibility for hospital, medical or surgical insurance coverage or coverage under a nonprofit hospital service or health care service plan. The statutes set forth civil and criminal penalties for violations. |
Colorado | State StatuteColorado: CRS 10-16-02 | Health Insurance Nondiscrimination | Statute | Health-status related factor is defined to include genetic information in Title 10 Article 16, which pertains to health care coverage. |
Colorado | State StatuteColorado: CRS 10-16-102 et seq. | Health Insurance Coverage | Statute | The law requires breast cancer screening with mammography annually for persons with a predisposition to breast cancer. |
Colorado | State StatuteColorado: CRS 10-3-1104.6 | Health Insurance Nondiscrimination, Privacy, Research | Statute | Genetic information the property of the individual, and written consent is required for its disclosure other than for diagnosis, treatment or therapy. Health care entities may not retain or use genetic information for non-therapeutic purposes or request or require a genetic test; however, test results may be used on a limited basis to make payment decisions. Exceptions under the law include the use of genetic information for scientific research if the identity of the individual to whom the genetic information pertains is not disclosed to a third party other than the individuals physician with written consent. The law provides remedies for individuals whose rights are violated. |
Colorado | State StatuteColorado: CRS 10-3-1104.7 | Other Lines of Insurance Nondiscrimination, Privacy, Research | Statute | Genetic information is the property of the individual to whom it pertains. Release of genetic information that identifies the person tested for purposes other than diagnosis, treatment and therapy requires specific written consent. Exemptions under the law include some uses by research facilities. researchers may use genetic testing information for scientific research as long as the identity of any individual to whom the information pertains is not disclosed to any third party except that the individuals identity may be disclosed to the individuals physician with written consent. Group disability or long-term care insurers that receive genetic information may not seek, use or keep the information for any non-therapeutic or underwriting purpose. Life insurers and individual disability insurers may not perform a genetic test without informed consent. Penalties are set forth for unfair trade practices with respect to group disability and long-term care insurance. |
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. |
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. |
Connecticut | State StatuteConnecticut CGA 38a 503 et seq. | Health Insurance Coverage | Statute | The statute provides coverage of specified services for women who meet the age requirements set forth in the statute. If a woman is believed to be at increased risk for breast cancer due to 1) family history or prior personal history of breast cancer or 2) positive genetic testing or other indications as determined by a woman's physician advanced practice registered nurse, individual and group health insurers must provide a mammogram, which may be provided by breast tomosynthesis at the option of the woman covered under the policy, and comprehensive ultrasound screening of an entire breast or breasts. Ultrasound screening is provided only if a mammogram demonstrates heterogeneous or dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology. |
Connecticut | State StatuteConnecticut: CGA 38 1 et seq. | Other Lines of Insurance Nondiscrimination | Statute | Prohibits insurers, health care centers and fraternal benefit societies from, in connection with the issuance, withholding, extension or renewal of an annuity or an insurance policy for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance: (1) requesting, requiring, purchasing or using information obtained from an entity providing direct-to-consumer genetic testing without the informed written consent of the individual who has been tested; (2) conditioning insurance rates, the provision or renewal of insurance coverage or benefit or other conditions of insurance for an individual on a requirement or agreement that the individual undergo genetic testing; and (3) conditioning insurance rates, the provision or renewal of insurance coverage or benefit or other conditions of insurance for an individual on the results of any genetic testing of a member of the individual's family unless the results are contained in the individual's medical record. |
Connecticut | State StatuteConnecticut: CGA 38a 999 | Privacy | Statute | An insurance institution, agent or insurance support organization that collects, uses or discloses medical record information must have written policies, standards and procedures for the management, transfer and security of medical record information, including additional protection against unauthorized disclosure of sensitive health information such as information regarding genetic testing and the fact that an individual has undergone a genetic test. |
Connecticut | State StatuteConnecticut: CGA 38a 476 and 816 | Health Insurance Nondiscrimination | Statute | Any hospital and medical expense incurred policy, hospital or medical service plan contract and health care center subscriber contract providing individual or group health_insurance_coverage may not refuse to insure, continue to insure, limit coverage, or charge an individual a different rate because of genetic information. In this type of coverage and all health insurance plans pre-existing condition exclusions may not be based on genetic information in the absence of a diagnosis. |
Connecticut | State StatuteConnecticut: CGA 46a 60 | Employment Nondiscrimination | Statute | It is a discriminatory practice for an employer, an employment agency, or for any labor organization to request or require genetic information from an employee, a person seeking employment or a member. These entities may not discharge, expel or otherwise discriminate against any person on the basis of genetic information. |
District of Columbia | State StatuteDC Official Code 2-1401.01 et seq. | Employment Nondiscrimination, Health Insurance Nondiscrimination | Statute | Employers, employment agencies and labor organizations may not discriminate based on genetic information with some exceptions such as to investigate a workers' compensation claim. A health benefit plan or health insurer may not establish rules for the eligibility or adjust premium or contribution amounts for an individual on the basis of genetic information concerning the individual or his/her family member, including information about a request for or receipt of genetic services by an individual or the individual's family member. Health insurers also may not require or request a genetic test. |
Delaware | State StatuteDelaware: Del. Code 16 1201 et seq. | Privacy, Research | Statute | Informed consent is required to obtain or retain genetic information about an individual. Exemptions include anonymous research where the identity of the subject will not be released. A sample from which genetic information has been obtained must be promptly destroyed with certain exceptions, including retention for anonymous research. An individual may inspect, request correction of and obtain genetic information from the records of that individual. The law sets forth civil penalties for violations. |
Delaware | State StatuteDelaware: Del. Code 18 2317 | Health Insurance Nondiscrimination | Statute | Discrimination is prohibited in the issuance, denial or renewal of or in the fixing of the rates, terms or conditions for health insurance, excluding disability or long-term care insurance. The law provides for a cause of action in the nature of defamation, invasion of privacy or negligence with some exceptions. |
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. |
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. |
Delaware | State StatuteDelaware: Del. Code 801C | Use of Residual Newborn Screening Specimens | Statute | Prohibits research utilizing stored blood specimens or the stored data without parental consent, except for population-based studies in which all identifying information is removed. Parents may elect not to participate in blood spot storage. |
Florida | State StatuteFlorida FS 1014.01 et seq. | Privacy | Statute | Creates the Parents' Bill of Rights. Parental rights include the right to consent in writing before any record of his or her minor 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. |
Florida | State StatuteFlorida FS 627.4301 et seq. | Other Lines of Insurance Nondiscrimination | Statute | 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. |
Florida | State StatuteFlorida FS 817.5655 | Privacy, Research | Statute | Prohibits a person to from willfully, and without express consent: (1) collecting or retaining another person's DNA sample with the intent to perform DNA analysis; (2) submitting another person's DNA sample for analysis or conducting or procuring the conduct of another person's DNA analysis; (3) disclosing another person's DNA analysis result to a third party; and (4) selling or otherwise transferring another person's DNA sample or the results of another person's DNA analysis to third party, regardless of whether the DNA sample was originally collected, retained, or analyzed with express consent. The bill provides exemptions for certain activities such as research subject to, and conducted in compliance with, 45 C.F.R. part 46, 21 C.F.R. parts 50 and 56, or 45 C.F.R. parts 160 and 164. |
Florida | State StatuteFlorida: FS 448.075 et seq. | Employment Nondiscrimination | Statute | No person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity shall deny or refuse employment to any person or discharge any person from employment solely because such person has the sickle-cell trait. These entities also may not require screening or testing for the sickle-cell trait as a condition for employment. |
Florida | State StatuteFlorida: FS 626.9706 et seq. | Other Lines of Insurance Nondiscrimination | Statute | Insurers may not refuse to issue or deliver any policy of life insurance or disability insurance that affords certain services and benefits or impose a higher premium rate or charge for those policies solely because the person to be insured has the sickle-cell trait. |
Florida | State StatuteFlorida: FS 627.6561 et seq. | Health Insurance Nondiscrimination | Statute | An insurer that offers a group health insurance policy may not establish rules for eligibility or continued eligibility based on certain health status-related factors, including genetic information or use genetic information in the absence of a diagnosis as the basis for a pre-existing condition exclusion. |
Florida | State StatuteFlorida: FS 641.31071 et seq. | Health Insurance Nondiscrimination | Statute | Health care service programs may not treat genetic information as a preexisting condition in the absence of a diagnosis. A health maintenance organization that offers group health_insurance_coverage may not establish rules for eligibility or continued eligibility of an individual to enroll under the terms of the contract based on certain health status-related factors, including genetic information. |
Last updated: February 8, 2024