S04782 Summary:

BILL NO    S04782 

SAME AS    SAME AS A08123

SPONSOR    KRUEGER

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.
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S04782 Actions:

BILL NO    S04782 

04/27/2009 REFERRED TO INSURANCE
01/06/2010 REFERRED TO INSURANCE
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S04782 Text:

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

                                         4782

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                    April 27, 2009
                                      ___________

       Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Insurance

       AN ACT to amend the insurance law, in relation to genetic discrimination
         in health insurance

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.    Subsection  (1) of section 3221 of the insurance law is
    2  amended by adding a new paragraph 18 to read as follows:
    3    (18) (A) DEFINITIONS. AS USED IN THIS PARAGRAPH:
    4    (I) "PREDISPOSING GENETIC CHARACTERISTIC"  SHALL  MEAN  ANY  INHERITED
    5  GENE  OR  CHROMOSOME,  OR ALTERATION THEREOF, AS DETERMINED BY A GENETIC
    6  TEST OR INFERRED FROM INFORMATION DERIVED FROM AN INDIVIDUAL  OR  FAMILY
    7  MEMBER,  THAT  IS SCIENTIFICALLY OR MEDICALLY  BELIEVED TO PREDISPOSE AN
    8  INDIVIDUAL OR THE OFFSPRING OF THAT INDIVIDUAL TO A PHYSICAL  OR  MENTAL
    9  DISEASE  OR DISABILITY, OR TO BE ASSOCIATED WITH A STATISTICALLY SIGNIF-
   10  ICANT INCREASED RISK OF DEVELOPMENT OF A PHYSICAL OR MENTAL  DISEASE  OR
   11  DISABILITY.
   12    (II)  "GENETIC TEST" SHALL MEAN A TEST FOR DETERMINING THE PRESENCE OR
   13  ABSENCE OF AN INHERITED GENETIC CHARACTERISTIC IN AN INDIVIDUAL, INCLUD-
   14  ING TESTS OF NUCLEIC ACIDS SUCH AS DNA, RNA AND MITOCHONDRIAL DNA, CHRO-
   15  MOSOMES OR PROTEINS IN ORDER TO IDENTIFY A PREDISPOSING GENETIC  CHARAC-
   16  TERISTIC.
   17    (B)  NO  GROUP  OR  BLANKET POLICY DELIVERED OR ISSUED FOR DELIVERY IN
   18  THIS STATE WHICH COVERS FIFTY-ONE OR MORE EMPLOYEES AND PROVIDES  HOSPI-
   19  TAL, MEDICAL, MAJOR MEDICAL OR SIMILAR COMPREHENSIVE-TYPE COVERAGE SHALL
   20  EXCLUDE ANY GROUP MEMBER OR ELIGIBLE DEPENDENT OR ESTABLISH ANY RATES OR
   21  TERMS  THEREFOR  SOLELY ON THE BASIS OF ANY PREDISPOSING GENETIC CHARAC-
   22  TERISTIC.
   23    (C) NO ISSUER OF HEALTH INSURANCE  IN  THIS  STATE  SHALL  REQUIRE  OR
   24  UTILIZE  TESTS  FOR  OR  INFORMATION ABOUT A GROUP MEMBER'S PREDISPOSING
   25  GENETIC CHARACTERISTICS AS A PART OF THE PROCESS OF UNDERWRITING.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09747-01-9
       S. 4782                             2

    1    S 2. The insurance law is amended by adding a new  section  4306-c  to
    2  read as follows:
    3    S 4306-C. GENETIC DISCRIMINATION PROHIBITED. (A) NO CONTRACT ISSUED BY
    4  A  HOSPITAL  SERVICE  CORPORATION, HEALTH SERVICE CORPORATION OR MEDICAL
    5  EXPENSE INDEMNITY CORPORATION TO A GROUP OF FIFTY-ONE OR MORE  EMPLOYEES
    6  SHALL  EXCLUDE  ANY  GROUP MEMBER OR ELIGIBLE DEPENDENT OR ESTABLISH ANY
    7  RATES OR TERMS THEREFOR SOLELY ON THE BASIS OF ANY PREDISPOSING  GENETIC
    8  CHARACTERISTIC.
    9    (B)  NO MEDICAL EXPENSE INDEMNITY CORPORATION, HOSPITAL SERVICE CORPO-
   10  RATION OR HEALTH SERVICES CORPORATION SHALL REQUIRE OR UTILIZE TESTS FOR
   11  OR INFORMATION ABOUT A GROUP MEMBER'S  PREDISPOSING  GENETIC  CHARACTER-
   12  ISTICS.
   13    (C) AS USED IN THIS SECTION:
   14    (1)  "PREDISPOSING  GENETIC  CHARACTERISTIC"  SHALL MEAN ANY INHERITED
   15  GENE OR CHROMOSOME, OR ALTERATION THEREOF, AS DETERMINED  BY  A  GENETIC
   16  TEST  OR  INFERRED FROM INFORMATION DERIVED FROM AN INDIVIDUAL OR FAMILY
   17  MEMBER, THAT IS SCIENTIFICALLY OR MEDICALLY  BELIEVED TO  PREDISPOSE  AN
   18  INDIVIDUAL  OR  THE OFFSPRING OF THAT INDIVIDUAL TO A PHYSICAL OR MENTAL
   19  DISEASE OR DISABILITY, OR TO BE ASSOCIATED WITH A STATISTICALLY  SIGNIF-
   20  ICANT  INCREASED  RISK OF DEVELOPMENT OF A PHYSICAL OR MENTAL DISEASE OR
   21  DISABILITY.
   22    (2) "GENETIC TEST" SHALL MEAN A TEST FOR DETERMINING THE  PRESENCE  OR
   23  ABSENCE OF AN INHERITED GENETIC CHARACTERISTIC IN AN INDIVIDUAL, INCLUD-
   24  ING TESTS OF NUCLEIC ACIDS SUCH AS DNA, RNA AND MITOCHONDRIAL DNA, CHRO-
   25  MOSOMES  OR PROTEINS IN ORDER TO IDENTIFY A PREDISPOSING GENETIC CHARAC-
   26  TERISTIC.
   27    S 3. This act shall take effect on the ninetieth day  after  it  shall
   28  have become a law, and shall apply to all policies and contracts issued,
   29  renewed, modified, altered or amended on or after such effective date.
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