Genome Statute and Legislation Database

A health carrier offering health benefit plans providing individual market health_insurance_coverage may not (1) impose a pre-existing condition exclusion on the basis of genetic information, (2) establish rules for the eligibility, including continued eligibility, of any individual to enroll for coverage based on genetic information, (3) adjust premium or contribution amounts for an individual on the basis of genetic information concerning the individual or a family member of the individual, (4) request or require an individual or a family member of an individual to undergo a genetic test, or (5) request or require or purchase genetic information for underwriting purposes or to determine eligibility. A health carrier may request, but not require, that an individual or a family member of the individual undergo a genetic test if the request is made pursuant to research that complies with Part 46 of Title 45, Code of Federal Regulations or equivalent federal regulations and any applicable state or local law or regulations for the protection of human subjects in research and other criteria are met. Died.

This bill prohibits the treatment of genetic information as a preexisting condition in the Small Employer Health Insurance Exchange in the absence of a diagnosis of the condition related to such information. Measure failed.

Prohibits schools and school service providers from collecting or possessing biometric information of elementary or secondary school students unless the school service provider: (1) develops a written policy for the collection, retention, disclosure and destruction of biometric information; and (2) obtains a written release to collect biometric information. Sets forth protections for biometric information, if collected. Biometric information is defined as information derived from any biometric identifier used to identify an individual. Died.

Prohibits life insurers and long-term care insurers, except under certain circumstances, from canceling, limiting, or denying coverage, or establishing differentials in premium rates, based on genetic information. 3/10/2018 Died in Banking and Insurance.

This bill modifies a provision related to personal information in the event of a security breach of computerized data. The definition of personal information is amended to include a deoxyribonucleic acid profile. Died.

This bill states that it is the intent of the Legislature to enact legislation to protect individuals from the unauthorized use of their genetic information, ensure that genetic information is personal information that is not collected, stored, or disclosed without the individual's authorization, provide protections for the collection, storage, and authorized use of genetic information, and promote the use of genetic information for legitimate reasons, including, but not limited to, health care, research, advancement of medicine, and educational purposes, as the field of genomics advances. Died.

Establishes the parent's bill of rights. Requirements set forth in the bill include parental written consent before any record of a minor child's blood or DNA is made, shared or stored unless required by law or court order. 3/14/20/20 Died in Rules.

Permits a patient to request and receive results of his or her genetic or genetic-related tests. Requires results of genetic or genetic-related tests to be reported and transmitted to a patient who requested the test. Permits a medical laboratory to collect a specimen from a patient for a genetic or genetic-related test requested by the patient. Died.

Amends the Personal Information Protection Act by adding activity tracking data to the scope of protected information. Activity tracking data is defined to include genetic information; genetic samples; genetic tests of an individual or family member; and requests for or receipt of a genetic test, genetic counseling or genetic education. Died.

Individual or group policies of accident and sickness insurance, except policies providing supplemental coverage to Medicare or to other government programs, delivered, issued or renewed by agreement within or without the commonwealth must provide coverage for breast cancer screening technology, including, but not limited to, Magnetic Resonance Imaging (MRI) for high risk women. Coverage must be provided not less than once annually to women 25 years and older. High risk women, include, but are not limited to women who test positive for BRCA 1 or 2 or who have one or more first degree relatives that have tested positive for BRCA 1 or 2. Reporting date extended to Thursday July 31, 2014, pending concurrence. Died.

Establishes a pharmacogenetics task force. Died.

This bill establishes procedures for protecting the privacy of student and teacher personally-identifiable data, including DNA. As of October 30, 2014, Interim Study Report: Recommended for Legislation in 2014 (Vote 15-0).

This bill requires accident and health insurance policies to cover the cost of genetic testing of people with a family history of cancer when his or her physician determines that there is a significant risk of developing cancer. Measure failed.

Prohibits discrimination or harassment based predisposing genetic characteristics of non-employees in the workplace. Died.

Limits the use of biometric identifiers by governmental bodies. Biometric identifiers are defined to include a DNA sample. Died.

This bill would eliminate the compensatory and punitives damages for acts of employment discrmination or unfair honesty or genetic testing. Measure failed.

Prohibits life insurance companies from requiring genetic testing or using genetic information in connection with life insurance policies and annuity contracts. Died.

The Department of Healthcare and Family Services must authorize the provision of, and payment for, a baseline mammograms for women 35-39 and mammograms at certain intervals for women over 40. Women under 40 with risk factors such as positive genetic testing should receive mammograms as medical necessary. Measure failed.

Requires certain businesses, when destroying a customers records that contain personal or private information of the customer, to take specific steps to protect against unauthorized access to or use of the information. Personal information is defined to include an individual's genetic print. Died.

Requires that certain state entities make a dedicated effort to encourage diversity and advance equity based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, disability, and language in any recommendations, policies, programs and initiatives developed. 1/5/2021 In Senate. No further action taken. Died.

This bill authorizes designated administrators to take action if it is determined that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act of discrimination prohibited under the state genetic nondiscrimination laws that applies to employers. Measure failed.

Establishes New Jersey Pharmacogenomics Commission. Died.

Regulates the use of human subjects for medical research and experimentation, including subjects with mental disorders and children. Died.

A health benefit plan offered in Oregon must provide coverage for BRCA testing, if indicated. Died.

Gives consumers the right to access their data and determine if it has been sold to a data broker. Requires a controller, defined in the bill as a person that, alone or jointly with others, determines the purposes and means of the processing of personal data, to facilitate requests to exercise consumer rights regarding access, correction, deletion, restriction of processing, data portability, objection, and profiling. The measure also (i) requires transparent processing of personal data through a privacy notice, (ii) requires controllers to disclose if they process personal data for direct marketing or sell it to data brokers, and (iii) requires controllers to conduct a risk assessment of each of their processing activities involving personal data and an additional risk assessment any time there is a change in processing that materially increases the risk to consumers. The measure applies to any legal entity that conducts business in the Commonwealth or produces products or services that are intentionally targeted to residents of the Commonwealth and that (a) controls or processes personal data of not fewer than 100,000 consumers or (b) derives over 50 percent of gross revenue from the sale of personal data and processes or controls personal data of not fewer than 25,000 customers. Sensitive data includes genetic or biometric data. Died.

Requires employers of 50 or more individuals to post a notice that wage discrimination based on genetic information is prohibited under federal law. Died.

Prohibits a person or entity from disclosing, obtaining, retaining, or using any biometric data about an individual, including DNA, with whom the person or entity is engaged in trade or commerce for any purpose other than that which the individual reasonably expects. 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.

Prohibits discrimination or harassment based predisposing genetic characteristics of non-employees in the workplace. Died.

This bill repeals the authority of the director of the Division of Insurance to promulgate rules governing use of genetic information and enacts certain provisions regarding the use of genetic information. Measure failed.

Making state law consistent with selected federal consumer protections in the patient protection and affordable care act. Prohibits a health carrier or health plan from establishing rules for eligibility based on health-status related factors such as genetic information. Died.

Establishes the Commission on the State of Hate. Requires the commission to advise the Legislature, the Governor, and state agencies on, among other things, policy recommendations to promote intersocial education designed to foster mutual respect and understanding among California�s diverse population. Appointees to the commission are comprised of experts in combating hate, intolerance, and discrimination on the basis of various factors such as genetic information. Died.

The board of the Hawaii employer-union health benefits trust fund must require every health benefits plan established or contracted to include lower deductibles and co-payments for non-smokers of tobacco and other persons engaged in low risk health behaviors that are designed, in compliance with applicable federal and state laws, to encourage preventative health care, promote wellness, and discourage medically unnecessary use of health care services; provided that the board consults with medical professionals to determine what should be included as low risk health behaviors. Genetic factors and pre-existing medical conditions may not be considered as a behavior when determining what constitutes low risk behavior. Died.

The department of education, a school administrative unit or a state agency may not collect, store, transmit or process the certain information, including DNA, from a student without the written consent of a parent or guardian of a student or an eligible student unless otherwise required or authorized by statute or rule. Died.

Requires coverage for the diagnosis of Alfi's Syndrome, including genetic testing. 7/18/2018 Accompanied a study order, see H4778.

This bill creates the genetic nondiscrimination in health insurance act. No health benefit plan may cancel, deny or refuse to renew benefits or coverage based on genetic information. This bill also places restrictions on health benefit plan's ability to request or require disclosure of genetic information. Measure failed.

Grants consumers the right to request that a business disclose the type of personal information it collects, the purpose for which it is collected, and the categories of third parties with which it is shared. Authorizes consumers to opt out of the sale of their personal information. Personal information is defined to include biometric information such as an individual's DNA. 10/29/2020 Interim Study Report: Recommended for Future Legislation (Vote 10-5). 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.

Prohibits unlawful discriminatory practice based on protected status, including genetic information. Died.

Requires a government agency to make an annual report to the state auditor regarding: the government agency's collection, use, and disclosure of personal identifying information; any misuse or improper disclosure of personal identifying information; and measures taken to notify individuals of any misuse or improper disclosure. Personal identifying information includes DNA. 3/5/2021 House filed.

Allows the Department of Workforce Development or an individual who is alleged or was found to have been discriminated against or subjected to unfair honesty or genetic testing to bring an action in circuit court in addition to or in lieu of filing an administrative complaint, with some exceptions. 4/1/2020 Failed to pass pursuant to Senate Joint Resolution 1.

Prohibits state agencies, local education agencies, or local education institutions from administering any student survey, assessment, analysis, evaluation, or similar instrument that solicits certain information about the student or the family of the student, including biometric records. Biometric records are defined to include a DNA sequence. Died.

Prohibits discrimination based upon genetic characteristics and information in the issuance or renewal of disability and long term care insurance. Insurers also must provide notice if a genetic test is required. Died.

Amends the Genetic Information privacy Act. Requires informed consent for a person or business to disclose an individual's genetic information to third parties specifically for marketing, advertising, or sales purposes. Died.

Removes the ban on directly or indirectly advertising for or soliciting business for any medical laboratory, regardless of location, from anyone except a physician, hospital, medical laboratory, clinic, clinical installation, or other medical care facility. Died.

The state board, the department of education, a unified school district or local education agency may not provide any personally identifiable information of any student or teacher, including a DNA sequence, to any federal agency, any Kansas state or local agency, state or local agency outside the state of Kansas, or any other organization or entity unless under specified circumstances. Died.

Amends the definition of personal information used in the state data privacy act. Personally identifiable information is defined to include an individual's DNA. Died.

Requires certain private entities in possession of biometric identifiers or biometric information to develop a written policy, made available to the public, establishing a certain retention schedule and guidelines for permanently destroying biometric identifiers and biometric information. Biometric identifier is defined to includes a genetic print. The bill defines confidential and sensitive to include a genetic marker and genetic testing information. In the House - Withdrawn by Sponsor. Died.

This bill amends the definition of genetic test in the statutes regarding government data practices. Measure failed.

Creates the Montana family and medical leave insurance fund. Applicants for coverage must provide eligibility documentation. The department may not require documentation that exceeds the right to privacy allowed under HIPAA, the ADA and GINA. Died.