A04662 Summary:

BILL NO    A04662 

SAME AS    No same as 

SPONSOR    Morelle

COSPNSR    Schroeder

MLTSPNSR   

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.
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A04662 Actions:

BILL NO    A04662 

02/05/2007 referred to insurance
01/09/2008 referred to insurance
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A04662 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4662

                              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
   23  LAW.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08440-01-7
       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
   40  MORATORIUM.
   41    S 4. This act shall take effect immediately and shall  expire  and  be
   42  deemed repealed one year after such effective date.
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