BILL NO A04662
SAME AS No same as
Add S2616, Ins L; add Art 2 Title 6 SS264 - 266, Pub Health L
For one year, it prohibits insurance companies from denying or cancelling life
and disability coverage based upon genetic information about an insured or a
family member of the insured; prohibits them from requesting genetic
information about an insured or family member of an insured.
S T A T E O F N E W Y O R K
2007-2008 Regular Sessions
I N A S S E M B L Y
February 5, 2007
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Insurance
AN ACT to amend the insurance law, in relation to prohibiting discrimi-
nation based upon genetic characteristics; to amend the public health
law, in relation to genetic testing; and providing for the repeal of
such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Legislative intent. Currently life and disability insurers
2 claim they do not require the results of genetic tests in determining
3 actuarial data, which, in turn, determines a person's insurance rates.
4 Life and disability insurers therefore, should not be opposed to insti-
5 tuting a one-year moratorium on the use of genetic tests until extensive
6 research is conducted on just how much a person's genetic character-
7 istics actually determine his or her rate of mortality. At the very
8 least, an independent panel consisting of members of the department of
9 health should be developed that would be responsible for the approval of
10 the use of genetic tests, based on insurance company documentation that
11 such tests are highly predictive.
12 S 2. The insurance law is amended by adding a new section 2616 to read
13 as follows:
14 S 2616. ELIGIBILITY FOR LIFE AND DISABILITY INSURANCE BASED UPON
15 GENETIC TESTING. (A) NO POLICY OF LIFE OR DISABILITY INSURANCE, OR GROUP
16 LIFE OR DISABILITY INSURANCE OR RENEWALS THEREOF, SHALL BE DENIED OR
17 CANCELED BY THE INSURER, OR THE TERMS AND CONDITIONS OF SUCH POLICY
18 ALTERED BY THE INSURER, SOLELY ON THE BASIS OF ANY GENETIC TESTING
19 PERFORMED ON THE INSURED OR APPLICANT, OR A FAMILY MEMBER OF THE INSURED
20 OR APPLICANT.
21 (B) FOR THE PURPOSES OF THIS SECTION, "GENETIC TESTING" SHALL HAVE THE
22 SAME MEANING AS DEFINED IN SECTION SEVENTY-NINE-L OF THE CIVIL RIGHTS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 4662 2
1 S 3. Article 2 of the public health law is amended by adding a new
2 title 6 to read as follows:
3 TITLE 6
4 GENETIC TESTING
5 SECTION 264. INDEPENDENT GENETIC PANEL.
6 265. MORATORIUM ON GENETIC TESTING; EXEMPTIONS.
7 266. REPORTS.
8 S 264. INDEPENDENT GENETIC PANEL. 1. WITHIN NINETY DAYS OF THE EFFEC-
9 TIVE DATE OF THIS SECTION, THE COMMISSIONER SHALL APPOINT AN INDEPENDENT
10 PANEL OF GENETICISTS, ETHICISTS, MEDICAL DOCTORS, AND CONSUMERS, WHO
11 WILL, UPON SUBMISSION BY INSURANCE COMPANIES OR THEIR REPRESENTATIVES,
12 REVIEW PROPOSED USE OF SPECIFIC GENETIC TESTS AND DETERMINE WHETHER
13 THEIR LEVEL OF PREDICTABILITY IS SUFFICIENT TO PERMIT USE BY INSURANCE
14 COMPANIES FOR THE PURPOSES OF RATE SETTING.
15 2. THE PANEL SHALL CONSIST OF ELEVEN MEMBERS, THREE OF WHICH SHALL BE
16 GENETICISTS, TWO OF WHICH SHALL BE ETHICISTS, TWO OF WHICH SHALL BE
17 MEDICAL DOCTORS, AND FOUR OF WHICH SHALL BE CONSUMERS.
18 3. THE MEMBERS OF THE PANEL SHALL NOT RECEIVE ANY COMPENSATION FOR
19 THEIR POSITION ON THE PANEL, BUT SHALL BE REIMBURSED FOR ANY ACTUAL,
20 NECESSARY EXPENSES INCURRED IN THE COURSE OF PERFORMING PANEL BUSINESS.
21 S 265. MORATORIUM ON GENETIC TESTING; EXEMPTIONS. 1. THERE IS HEREBY
22 IMPOSED A MORATORIUM ON THE USE OF GENETIC TESTING RESULTS IN DETERMIN-
23 ING THE RATES SET BY LIFE AND DISABILITY INSURANCE COMPANIES. THE MORA-
24 TORIUM SHALL REMAIN IN PLACE UNTIL AND INCLUDING DECEMBER THIRTY-FIRST,
25 TWO THOUSAND EIGHT.
26 2. EXEMPTIONS. WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS
27 SECTION, THE DEPARTMENT SHALL ISSUE A LIST OF GENETIC TESTS THAT ARE
28 EXEMPT FROM THE MORATORIUM IMPOSED IN SUBDIVISION ONE OF THIS SECTION.
29 ONLY THOSE GENETIC TESTS WITH A SUCCESSFUL PREDICTION RATE OF
30 NINETY-FIVE PERCENT OR HIGHER SHALL BE INCLUDED AMONG THE LIST OF EXEMPT
31 GENETIC TESTS.
32 S 266. REPORTS. THE INDEPENDENT GENETIC PANEL SHALL SUBMIT A REPORT TO
33 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
34 THE ASSEMBLY BY MAY FIFTEENTH, TWO THOUSAND EIGHT IDENTIFYING THOSE
35 GENETIC TESTS THAT OUGHT BE EXEMPTED FROM THE MORATORIUM AND ITS RECOM-
36 MENDATION FOR THE NEED TO EXTEND THE MORATORIUM IMPOSED UNDER SECTION
37 TWO HUNDRED SIXTY-FIVE OF THIS ARTICLE. BASED UPON THE RECOMMENDATION OF
38 THE INDEPENDENT GENETIC PANEL THE DEPARTMENT OF HEALTH SHALL HAVE THE
39 AUTHORITY TO ADD GENETIC TESTS TO THE LIST OF THOSE EXEMPTED FROM THE
41 S 4. This act shall take effect immediately and shall expire and be
42 deemed repealed one year after such effective date.