A08123 Summary:

BILL NO    A08123 

SAME AS    Same as S 4782

SPONSOR    Kavanagh

COSPNSR    

MLTSPNSR   

Amd S3221, add S4306-c, Ins L

Prohibits any group or blanket health insurance policy to exclude from coverage
any group member based on a predisposing genetic characteristic; prohibits any
hospital service corporation, health service corporation or medical expense
indemnity corporation contract to exclude from coverage any group member based
on predisposing genetic characteristics; defines relevant terms.

A08123 Actions:

BILL NO    A08123 

05/05/2009 referred to insurance
01/06/2010 referred to insurance

A08123 Votes:

A08123 Memo:

BILL NUMBER:A8123

TITLE OF BILL:
An act to amend the insurance law, in relation to genetic discrimination
in health insurance

PURPOSE OF BILL:
To prohibit any group or blanket health insurance policy from excluding
any group member or member of that individual's family from coverage,
based on a predisposing genetic characteristic.  A predisposing genetic
characteristic is defined as "any inherited gene or chromosome, or
alteration thereof, as determined by a genetic test or inferred from
information derived from an individual or family member, that is scien-
tifically or medically believed to predispose an individual, or
offspring of that individual, to a physical or mental disease or disa-
bility."

SUMMARY OF PROVISIONS:
Section 1 of the bill amends subsection 1 of section 3221 of the insur-
ance law by adding a new paragraph 18 which defines the terms predispos-
ing genetic characteristic and genetic test and establishes that no
group or blanket insurance policy which covers fifty-one or more employ-
ees and provides hospital, medical, major medical or similar comprehen-
sive-type coverage shall exclude, or establish any rates or terms there-
of, any group member or eligible dependent solely on the basis of any
predisposing genetic characteristic. This section also stipulates that
no issuer of health insurance in New York State shall require or utilize
tests for or information about a group member's predisposing genetic
characteristics as part of the process of underwriting.

Section 2 of the bill amends the insurance law by adding a new section
4306-c which establishes the same definitions and conditions as section
1.

Section 3 of the bill specifies the effective date.

JUSTIFICATION:
Various genetic characteristics predict the possibility of a disease at
some indefinite future date. The genetic characteristics may be inferred
from a family history of a disease, or from genetic tests.

It is unfair to deprive individuals of health coverage for a disease
which may occur at some time in their lifetime. It is also unfair to
single out individuals for exclusion from insurance coverage or charge
higher premiums for those diseases which have genetic tests.

LEGISLATIVE HISTORY:
New bill in the Assembly; same as S.4782 of 2009 (Krueger).

FISCAL IMPACT ON THE STATE:
None.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law, and shall apply to all policies and contracts issued,
renewed, modified, altered or amended on or after such effective date.