A09929 Summary:

BILL NOA09929
 
SAME ASSAME AS S08631
 
SPONSORSolages
 
COSPNSR
 
MLTSPNSR
 
Amd §79-l, Civ Rts L
 
Requires genetic testing results only be received by patients and health care providers providing direct care while health insurance companies only receive a record that the genetic testing was performed; provides insurers cannot require access to genetic testing results and cannot take adverse action against someone for not providing genetic testing results.
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A09929 Actions:

BILL NOA09929
 
04/19/2022referred to governmental operations
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A09929 Committee Votes:

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A09929 Floor Votes:

There are no votes for this bill in this legislative session.
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A09929 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9929
 
                   IN ASSEMBLY
 
                                     April 19, 2022
                                       ___________
 
        Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN ACT to amend the civil rights law, in relation to  requiring  genetic
          testing results only be received by patients and health care providers
          providing  direct care while health insurance companies only receive a
          record that the genetic testing was performed for payment purposes

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision 3 of section 79-l of the civil rights law, as
     2  added by chapter 497 of the laws of 1996, is amended and a new  subdivi-
     3  sion 12 is added to read as follows:
     4    3. (a) All records, findings and results of any genetic test performed
     5  on  any  person  shall be deemed confidential and shall not be disclosed
     6  without the written informed consent of the person to whom such  genetic
     7  test  relates.  This  information shall not be released to any person or
     8  organization not specifically authorized by the  individual  subject  of
     9  the  test.  Unauthorized  solicitation or possession of such information
    10  shall be unlawful, except  for  the  unintentional  possession  of  such
    11  information  as  part  of a health record created prior to the effective
    12  date of this section and provided no action adverse to the interests  of
    13  the  subject  are taken as a result of such possession. [Nothing in this
    14  section shall  preclude  the  release  of  such  information,  with  the
    15  subject's  consent,  to a health insurer or health maintenance organiza-
    16  tion of any information  reasonably  required  for  purposes  of  claims
    17  administration,  provided, however, that further distribution within the
    18  insurer or to other recipients  shall  require  the  subject's  informed
    19  consent in each case.]
    20    (b) No person who lawfully possesses information derived from a genet-
    21  ic test on a biological sample from an individual shall incorporate such
    22  information  into  the records of a non-consenting individual who may be
    23  genetically related to the tested individual; nor shall  any  inferences
    24  be drawn, used, or communicated regarding the possible genetic status of
    25  the non-consenting individual.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13548-02-2

        A. 9929                             2
 
     1    (c)  No  findings  or results of any genetic test shall be released to
     2  any health insurer  or  health  maintenance  organization  required  for
     3  purposes of claims administration. All health insurers or health mainte-
     4  nance  organizations  shall  accept  records  without  the  test  result
     5  confirming that the genetic test was performed and the records, findings
     6  or  results  were  received by the health care provider providing direct
     7  care for the purposes of claims administration.
     8    12. (a) No health insurer or life insurer shall require  any  records,
     9  findings  or  results  of  any genetic test be provided to such insurer.
    10  The health care provider  and/or  the  policyholder  shall  provide  any
    11  necessary  records to the insurance company to confirm such genetic test
    12  was completed and the records, findings, or results of  such  test  were
    13  received by such provider.
    14    (b)  No  health  insurer  or life insurer shall base their policies on
    15  genetic test records, findings or results or being  provided  access  to
    16  genetic test records, findings or results.
    17    (c)  No  health  insurer  or  life  insurer  shall take adverse action
    18  against a policyholder or potential policyholder for not  having  access
    19  to the records, findings or results of a genetic test.
    20    §  2.  This  act shall take effect on the ninetieth day after it shall
    21  have become a law and shall apply  to  policies  and  contracts  issued,
    22  renewed, modified, altered, or amended on or after such date.
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