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1,175 archived records
| State | Primary link | Topics | Status | Archived summary |
|---|---|---|---|---|
| Arizona | 2007 State Bills Arizona 2007 HB 26292007 legislative sessionRecord details | Health Insurance Coverage | Died | This bill requires hospital or medical service corporations, health care service organizations, and individual, group and blanket disability insurers who provide health care coverage to pregnant women to cover the cost of genetic testing for thrombophilia if it is ordered by a physician. Measure failed. |
| California | 2007 State Bills California 2007 SB 1642007 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Died | This bill amends existing law pertaining to pregnancy blood samples. Existing law provides for the use of samples for approved research projects and establishes confidentiality and privacy protections with regard to samples and related personal information. This bill renames the term "pregnancy" blood samples by referring to them as "newborn" blood samples. Measure failed. |
| California | 2007 State Bills California 2007 SB 9622007 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Enacted | This bill requires the health department to charge a fee to researchers and health care providers who have been approved by the department to use stored umbilical cord, pregnancy blood, or newborn blood samples for research to cover the costs of administering the program. Signed by the Governor October 11, 2007. (The bill goes into effect only if 2007 AB 34, which was enacted during the 2007 session, becomes law before January 2008.) |
| Florida | 2007 State Bills Florida 2007 SB 23842007 legislative sessionRecord details | Health Insurance Coverage | Died | This bill requires individual and group health insurers to provide benefits or coverage for periodic colorectal cancer examinations and laboratory tests for individuals over 50 and for individuals under 50 who are considered high risk. Definition of high risk includes individuals who, because of the presence of recognized genetic markers, face a higher than normal risk of colorectal cancer. Measure failed. |
| Georgia | 2007 State Bills Georgia 2007 HB 2762007 legislative sessionRecord details | Employment Nondiscrimination, Other Lines of Insurance Nondiscrimination, Privacy | Died | This bill creates guidelines such as consent requirements for the creation and storage of biometric information, which is defined to include DNA samples. The bill also prohibits life insurers from requiring genetic information to determine an applicants eligibility or rates to be charged for life insurance; however, any pre-existing genetic information must be supplied to the insurance company upon application. The bill forbids employers or employment agencies from using information derived from genetic testing for identification purposes or as a condition of employment. The bill provides remedies for individuals whose genetic information is inappropriately used. Measure failed. |
| Idaho | 2007 State Bills Idaho 2007 SB 11072007 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | The bill amends the state genetic nondiscrimination law by prohibiting discrimination on the basis of genetic information or a genetic test in the issuance of coverage, or the fixing of rates, terms or conditions, for any policy or contract of hospital or medical insurance or any health benefit plan. Measure failed. |
| Illinois | 2007 State Bills Illinois 2007 SB 13652007 legislative sessionRecord details | Health Insurance Coverage | Enacted | This bill requires coverage for a mammogram at the age and intervals considered medically necessary by the woman's health care provider for women under 40 years of age and having a family history of breast cancer, prior personal history of breast cancer, positive genetic testing, or other risk factors. This bill also requires coverage for a comprehensive ultrasound screening of an entire breast or breasts if a mammogram demonstrates heterogeneous or dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology or if the woman is at increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing, or other indications as determined by a woman's health care provider. Signed by the Governor August 24, 2007. |
| Illinois | 2007 State Bills Illinois 2007 SB 9392007 legislative sessionRecord details | Employment Nondiscrimination, Privacy | Died | This bill amends the Genetic Information privacy Act and makes technical changes to the section of the law pertaining to employers. Measure failed. |
| Illinois | 2007 State Bills Illinois 2007 SB 9402007 legislative sessionRecord details | Privacy | Died | This bill was introduced as an amendment to the Genetic Information privacy Act. All language was stricken in a senate amendment and new language was added related to firearms. |
| Illinois | 2007 State Bills Illinois 2007 SB 9412007 legislative sessionRecord details | Privacy | Died | This bill was introduced as an amendment to the Genetic Information privacy Act. All language was stricken in a senate amendment and new language was added related to cancer drugs. |
| Mississippi | 2007 State Bills Mississippi 2007 HB 2332007 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill creates the Genetic Information Nondiscrimination in Health Insurance Act, which prohibits health benefits plans from denying, refusing or canceling health insurance benefits or coverage on the basis of genetic information or a request or receipt of genetic services. The bill also prohibits health benefit plan insurers from requesting or requiring a genetic test and from disclosing genetic information without prior written authorization. Penalties for violations are set forth. Measure failed. |
| Mississippi | 2007 State Bills Mississippi 2007 HB 2662007 legislative sessionRecord details | Employment Nondiscrimination | Died | This bill prohibits employers from using genetic testing for discriminatory purposes. Civil and criminal penalties for violations are set forth. Measure failed. |
| Missouri | 2007 State Bills Missouri 2007 HB 3642007 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill, as substituted by the Senate, prohibits the treatment of genetic information as a preexisting condition in the absence of a diagnosis and prevents the establishment of rules for eligibility or continued eligibility on the basis of a health status-related factor, including genetic information, in health insurance. Measure failed. |
| Missouri | 2007 State Bills Missouri 2007 HB 5862007 legislative sessionRecord details | Employment Nondiscrimination | Died | This bill authorizes designated administrators to take action if it is determined that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act of discrimination prohibited under the state genetic nondiscrimination laws that applies to employers. Measure failed. |
| Missouri | 2007 State Bills Missouri 2007 HB 8182007 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | This bill prohibits individual, small group and large group health insurers from treating genetic information as a pre-existing condition in the absence of a diagnosis. The bill also prohibits health insurers from establishing rules for eligibility based on genetic information. Approved by the Governor June 1, 2007. |
| Missouri | 2007 State Bills Missouri 2007 HB 9482007 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Enacted | Unless otherwise directed under this section, a biological specimen may be released for purposes of anonymous scientific study. At the time of newborn screening specimen collection, the parent or legal guardian of the child from whom a biological specimen was obtained may direct the department to: (1) return the specimen after all tests have been performed; (2) destroy the specimen; or (3) store a specimen but do not release is for anonymous study. Signed by the Governor July 13, 2007 |
| Missouri | 2007 State Bills Missouri 2007 SB 3252007 legislative sessionRecord details | Employment Nondiscrimination | Died | This bill authorizes designated administrators to take action if it is determined that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act of discrimination prohibited under the state genetic nondiscrimination laws that applies to employers. Measure failed. |
| Nevada | 2007 State Bills Nevada 2007 AB 5782007 legislative sessionRecord details | Research | Died | This bill prescribes the requirements for surrogate decision makers to give informed consent for certain human subject research. Measure failed. |
| New Jersey | 2007 State Bills New Jersey 2007 A41702007 legislative sessionRecord details | Employment Nondiscrimination | Died | This bill prohibits employers from (1) seeking to obtain or use a genetic test or genetic information, (2) requiring a genetic test or genetic information, (3) accessing or requesting or requiring consent to access genetic information, (4) requesting or requiring a genetic test from an individual or family member, or (5) inquiring about whether an individual or family member has taken or refused to take a genetic test. Civil penalties are set forth for violations. Measure failed. |
| New York | 2007 State Bills New York 2007 A2882007 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | This bill prohibits denial, cancellation or alteration of a life or disability insurance policy or group life or disability insurance policy, including renewals, on the basis of any genetic testing performed on a insured, applicant or family member of insured or applicant. Measure failed. |
| New York | 2007 State Bills New York 2007 A31132007 legislative sessionRecord details | Health Insurance Coverage | Died | This bill requires health insurers to cover genetic testing of persons with a family history of cancer when the attending physician determines such person has a significant risk of cancer. Measure failed. |
| New York | 2007 State Bills New York 2007 A46622007 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | This bill prohibits denial, cancellation or alteration of a life or disability insurance policy or group life or disability insurance policy, including renewals, on the basis of any genetic testing performed on a insured, applicant or family member of insured or applicant. Measure failed. |
| New York | 2007 State Bills New York 2007 S26962007 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits the use of genetic information for community rating to develop small group health insurance premiums. The bill also prohibits pre-existing condition exclusions in small group health insurance policies based on genetic predisposition. Measure failed. |
| New York | 2007 State Bills New York 2007 S34492007 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits group or blanket policies that cover 51 or more employees for hospital, medical, major medical, or similar type comprehensive coverage from excluding members or dependents or establishing rates based on predisposing genetic characteristics. The bill also prohibits health insurers from requiring or using tests for or information about predisposing genetic characteristics for underwriting. The same restrictions are imposed upon hospital service corporations, health services corporation and medical expense indemnity corporations covering 51 or more employees. Measure failed. |
| Oregon | 2007 State Bills Oregon 2007 HB 33412007 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill creates the Oregon Health Insurance Exchange and prohibits the treatment of genetic information in the absence of a diagnosis as a pre-existing condition in the exchange. Measure failed. |
| Oregon | 2007 State Bills Oregon 2007 SB 2442007 legislative sessionRecord details | Health Insurance Nondiscrimination, Privacy | Enacted | This bill amends the state genetic privacy law by allowing health insurers to retain or disclose genetic information without written authorization if (1) the retention is for treatment, payment or health care operations by the insurer; and (2) the disclosure is in accordance with ORS 746.607 (3). Signed by the Governor July 17, 2007. |
| Oregon | 2007 State Bills Oregon 2007 SB 7592007 legislative sessionRecord details | Health Insurance Nondiscrimination, Privacy | Died | This bill amends the state genetic privacy law by changing retention and disclosure provisions that apply to health insurers. Measure failed. |
| South Dakota | 2007 State Bills South Dakota 2007 HB 11662007 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Measure failed. |
| South Dakota | 2007 State Bills South Dakota 2007 SB 1322007 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | As introduced, this bill included a provision that prohibited pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Measure failed. |
| Tennessee | 2007 State Bills Tennessee 2007 HB 20822007 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Prior to amendment, this bill exempt insurance pools created by an association of private, not-for-profit educational institutions that has been in existence for at least 25 years from the provisions governing genetic information nondiscrimination. This language was removed from the final version of the bill. The companion bill substituted with SB 343 signed by the Governor May 15, 2007. |
| Tennessee | 2007 State Bills Tennessee 2007 SB 3432007 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Prior to amendment, this bill exempt insurance pools created by an association of private, not-for-profit educational institutions that has been in existence for at least 25 years from the provisions governing genetic information nondiscrimination. This language was removed from the final version of the bill, which was signed by the Governor May 15, 2007. |
| Virginia | 2007 State Bills Virginia 2007 HB 21202007 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits the treatment of genetic information as a preexisting condition in the Small Employer Health Insurance Exchange in the absence of a diagnosis of the condition related to such information. Measure failed. |
| Virginia | 2007 State Bills Virginia 2007 HB 21212007 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits the treatment of genetic information as a preexisting condition in the Small Employer Health Insurance Exchange in the absence of a diagnosis of the condition related to such information. Measure failed. |
| Arizona | 2008 State Bills Arizona 2008 SB 26582008 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | This bill amends existing law that prohibits health benefit plans from terminating coverage based on a health status-related factor, including genetic information, by adding a group disability policy or a certificate of insurance for a group disability policy that is not issued in the state of Arizona to the definition of "health benefit plan." Signed by the Governor on April 28, 2008. |
| California | 2008 State Bills California 2008 AB 25992008 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Enacted | The bill establish fees, which the department may collect from researchers who have been approved by the department and who seek to umbilical cord blood, pregnancy blood collected by the Genetic Disease Screening Program, and stored by the Birth Defects Monitoring Program, and newborn blood collected by the Genetic Disease Screening Program. Fees may not to exceed the costs of administering the program and collection and storage of the samples. Signed by the Governor September 30, 2008. |
| Colorado | 2008 State Bills Colorado 2008 SB 2412008 legislative sessionRecord details | Employment Nondiscrimination | Enacted | This bill prohibits the reduction of an employees permanent total disability when the disability is a result of a work-related injury or a work-related injury combined with a congenital, genetic or similar conditions except that the law does not apply to reductions in recovery or apportionment allowed pursuant to Colorado Supreme Court decision in Anderson v. Brinkhoff, 859 P.2d 819, (Colo. 1993). Signed into law June 2, 2008. |
| Florida | 2008 State Bills Florida 2008 SB 27302008 legislative sessionRecord details | Health Insurance Coverage | Died | This bill requires individual and group health insurers to provide benefits or coverage for periodic colorectal cancer examinations and laboratory tests for individuals over 50 and for individuals under 50 who are considered high risk. Definition of high risk includes individuals who, because of the presence of recognized genetic markers, face a higher than normal risk of colorectal cancer. Measure failed. |
| Illinois | 2008 State Bills Illinois 2008 SB 23992008 legislative sessionRecord details | Employment Nondiscrimination, Privacy | Enacted | This bill amends the Genetic Information privacy Act. The bill adds and amends definitions under the law, makes changes to the employment provisions, adds requirements to be consistent with federal laws such as GINA, and further specifies prohibited actions by covered entities. Monetary penalties are increased, and a private right of action is afforded to any person alleging a violation of the law. The bill allows local governments to enact genetic privacy measures equal to or greater than the protections provided under state law. Approved by the Governor August 26, 2008. |
| Maryland | 2008 State Bills Maryland 2008 HB 292008 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Enacted | This bill prohibits long-term care insurance carriers from requesting or requiring a genetic test to deny or limit coverage or charge a higher rate for the same coverage. These entities may not use the results of a genetic test, genetic information, or a request for genetic services to deny or limit coverage or charge a higher rate for the same coverage except that genetic information or the results of a genetic test may be used for such purposes if based on sound actuarial principles. Approved by the Governor May 22, 2008. |
| Maryland | 2008 State Bills Maryland 2008 SB 9182008 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Enacted | This bill prohibits long-term care insurance carriers from requesting or requiring a genetic test to deny or limit coverage or charge a higher rate for the same coverage. These entities may not use the results of a genetic test, genetic information, or a request for genetic services to deny or limit coverage or charge a higher rate for the same coverage except that genetic information or the results of a genetic test may be used for such purposes if based on sound actuarial principles. Approved by the Governor May 22, 2008. |
| Minnesota | 2008 State Bills Minnesota 2008 HF 19052008 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | This bill modifies the definition of genetic test under the Genetic Insurance Discrimination Act and adds a new section restricting the use of genetic information in individual and group life, disability income and long-term care insurance. For underwriting and ratemaking purposes, these insurers may not request or require a genetic test, use genetic test results other than those in the medical record or use genetic test results in the medical record without claims experience, substantial data or actuarial justification. Measure failed. |
| Minnesota | 2008 State Bills Minnesota 2008 HF 3438/SF 31382008 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Died | This bill excludes the health department's collection, use, storage and dissemination of genetic information and blood specimens for testing infants for heritable and congenital disorders from the law governing genetic information collected by a government entity. The bill also requires that parents are provided information about how specimens may be used and allows parents to opt out of public health studies or research. Measure failed. |
| Minnesota | 2008 State Bills Minnesota 2008 HF 42422008 legislative sessionRecord details | Other Topics | Died | This bill requires any person who provides a specimen collection kit to a resident of Minnesota for the purpose of collecting genetic material to perform a genetic test to first provide the resident with the disclosure, as described in the legislation. The bill also requires a study to determine which companies and laboratories are providing direct-to-consumer genetic tests to Minnesota residents. Measure failed. |
| Mississippi | 2008 State Bills Mississippi 2008 HB 3642008 legislative sessionRecord details | Health Insurance Nondiscrimination, Privacy | Died | This bill creates the Genetic Information Nondiscrimination in Health Insurance Act, which prohibits health benefits plans from denying, refusing or canceling health insurance benefits or coverage on the basis of genetic information or a request or receipt of genetic services. The bill also prohibits health benefit plan insurers from requesting or requiring a genetic test and from disclosing genetic information without prior written authorization. Penalties for violations are set forth. Measure failed. |
| Virginia | 2008 State Bills Virginia 2008 HB 5932008 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits the establishment of rules for eligibility or continued eligibility based on a health status-related factor, including genetic information, in Virginia share health insurance policies. This bill also prohibits pre-existing condition exclusions in these policies based on genetic information in the absence of a diagnosis of a condition related to such information. Measure failed. |
| Virginia | 2008 State Bills Virginia 2008 SB 5782008 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits the establishment of rules for eligibility or continued eligibility based on a health status-related factor, including genetic information, in Virginia share health insurance policies. This bill also prohibits pre-existing condition exclusions in these policies based on genetic information in the absence of a diagnosis of a condition related to such information. Measure failed. |
| West Virginia | 2008 State Bills West Virginia 2008 HB 29782008 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Privacy, Research | Died | This bill creates the Genetic Information privacy Act. Genetic testing and genetic information derived from testing may be released only to the individual tested or people specifically given written authorization to receive the information by the individual. Accident and health insurers may not request or seek information derived from genetic testing. If the federal government or others propose guidelines, the bill authorizes the insurance commissioner to propose rules to authorize further disclosure of information derived from genetic testing for insurance purposes beyond what is permitted in the legislation. The bill requires employers to treat information derived from genetic testing in a manner consistent with federal law, including but not limited to the Americans with Disabilities Act. Exclusions under the definition of genetic testing includes research governed by the Common Rule, tests conducted purely for research, tests for somatic as opposed to heritable mutations, tests where direct personal identifiers that reveal the patients identity are encoded or encrypted and tests that are composed of de-identified or anonymized information. Penalties for violations are set forth. Measure failed. |
| Alaska | 2009 State Bills Alaska 2009 HB 2222009 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | This bill requires health care insurers in the individual market to comply with genetic information nondiscrimination requirements established under 42 U.S.C. 300gg-53. Health care insurers in the group market must comply with genetic information nondiscrimination requirements established under 42 U.S.C. 300gg-1(b)(3), 42 U.S.C. 300gg-1(c) - (f), and 42 U.S.C. 300gg-91. Signed into law August 5, 2009. |
| California | 2009 State Bills California 2009 AB 15432009 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | This bill requires an issuer of a Medicare supplement contract, policy or certificate to adhere to the requirements imposed by the federal Genetic Information Nondiscrimination Act of 2008. Approved by the Governor July 2, 2009. |
| California | 2009 State Bills California 2009 SB 13302009 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Enacted | This bill specifies that money from the genetic disease testing fund may be used for costs related to data management, and newborn blood collection, storage, retrieval, processing, inventory, and shipping. The health department, any entities approved by the department, and researchers shall maintain the confidentiality of patient information and blood samples in the same manner as other medical record information with patient identification and may use it only for approved research to (1) identify risk factors for children's and women's diseases;(2) research to develop and evaluate screening tests;(3) research to develop and evaluate prevention strategies; and(4) research to develop and evaluate treatments. The State Committee for the Protection of Human Subjects (CPHS) must determine if all of the if specified criteria are met for purposes of ensuring the security of a donor's personal information, before any blood samples are released pursuant for research purposes. Signed by the Governor September 25, 2010. |
| California | 2009 State Bills California 2009 SB 1452009 legislative sessionRecord details | Other Topics | Died | This bill prohibits the denial of a workers' compensation claim solely because the motivation behind what caused the employee's injury or injury resulting in death was related to an immutable characteristic of the employee. The bill also states that physicians assigning apportionment to the causes of permanent disability by finding what approximate percentage of the disability is a direct result of the employment-related injury versus other factors may not consider genetic predisposition a cause or other factor of disability. Measure failed. |
| California | 2009 State Bills California 2009 SB 4822009 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | This bill states that all biological data derived from post-CLIA bioinformatics services shall be considered to contain genetic characteristics, as defined in section 1374.7 of the Health and Safety Code and section 10146 of the Insurance Code and is subject to the prohibitions in those sections of the statutes. Measure failed. |
| Colorado | 2009 State Bills Colorado 2009 HB 13382009 legislative sessionRecord details | Health Insurance Nondiscrimination, Privacy, Research | Enacted | This bill amends definitions in the Colorado genetic nondiscrimination in health insurance law. The bill also adds a new section to the Colorado statutes pertaining to limitations on disclosure of genetic information and allows the use of genetic information by research facilities provided that the information is not disclosed to third parties other than to an individual's physician with his or her consent. Signed by the Governor May 25, 2010. |
| Connecticut | 2009 State Bills Connecticut 2009 HB 63332009 legislative sessionRecord details | Employment Nondiscrimination | Died | This bill amends the state genetic nondiscrimination law for employment by creating an exemption for state or local law enforcement, the department of public safety and the division of scientific services that allows those entities to request or require employees to provide genetic information for the purpose of detecting contamination of samples examined by the division of scientific services. Measure failed. |
| Illinois | 2009 State Bills Illinois 2009 SB 24932009 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill deletes provisions in the statutes related to pre-existing conditions and the treatment on genetic information as such a condition. Measure failed. |
| Louisiana | 2009 State Bills Louisiana 2009 HB 4062009 legislative sessionRecord details | Privacy, Research | Enacted | This bill amends Louisianas genetic nondiscrimination in health insurance law. The definition of genetic information and genetic test is revised. The bill also prohibits health insurers from requesting, requiring or purchasing genetic information; requesting or requiring a genetic testing (with some exceptions); establishing rules for eligibility based on genetic information; adjusting premium or contribution amounts based on genetic information; or imposing a pre-existing condition exclusion based on genetic information. An insurer may request that an individual or a family member undergo a genetic test for research that complies with the Common Rule. Signed by the Governor July 7, 2009. |
| Maine | 2009 State Bills Maine 2009 LD 11802009 legislative sessionRecord details | Health Insurance Nondiscrimination, Research | Enacted | This bill prohibits carriers of hospital, health or dental insurance from discriminating based on genetic information, refusal to submit to a genetic test or to make available the results of a genetic test, or on the basis that an individual or dependent received a genetic test or genetic counseling. A carrier may request but not require a genetic test pursuant to the Common Rule, or equivalent federal regulations and any applicable state or local laws, rules or regulations for the protection of human subjects in research and in compliance with specified conditions. Other provisions limit the ability of carriers to request, require or purchase a genetic information for certain purposes. Signed by the Governor and Public Law as of June 3, 2009. |
| Maryland | 2009 State Bills Maryland 2009 HB 12009 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | This bill repeals an exemption for disability insurance under the state genetic nondiscrimination law and amends the definition of genetic information used in the health_insurance_nondiscrimination law. Measure failed. |
| Maryland | 2009 State Bills Maryland 2009 HB 112009 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill provides an individual with a right to civil if the state genetic nondiscrimination insurance statutes are violated. Measure failed. |
| Maryland | 2009 State Bills Maryland 2009 HB 122009 legislative sessionRecord details | Privacy | Died | This bill restricts access to, use of and retention of DNA samples and disclosure of DNA test results without consent with some exceptions. The bill also provides personal property rights to DNA samples and DNA test results. The bill requires the health department to develop a uniform written informed consent form. Civil and criminal penalties are set forth, and individuals whose rights are violated may bring civil action. Measure failed. |
| Maryland | 2009 State Bills Maryland 2009 HB 22009 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | This bill prohibits an insurer from requesting or requiring a genetic test or from using a genetic test, the results of a genetic test, genetic information, or a request for genetic services to deny or limit life insurance coverage or benefits or to charge a different rate for the same coverage or benefits under an annuity contract; defining terms; and providing for an exception if the use is based on sound actuarial principles. Measure failed. |
| Maryland | 2009 State Bills Maryland 2009 SB 12009 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | This bill prohibits an insurer from requesting or requiring a genetic test or from using a genetic test, the results of a genetic test, genetic information, or a request for genetic services to deny or limit life insurance coverage or benefits or to charge a different rate for the same coverage or benefits under an annuity contract; defining terms; and providing for an exception if the use is based on sound actuarial principles. Measure failed. |
| Maryland | 2009 State Bills Maryland 2009 SB 22009 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | This bill repeals an exemption for disability insurance under the state genetic nondiscrimination law and amends the definition of genetic information used in the health_insurance_nondiscrimination law. Measure failed. |
| Maryland | 2009 State Bills Maryland 2009 SB 542009 legislative sessionRecord details | Privacy | Died | This bill restricts access to, use of and retention of DNA samples and disclosure of DNA test results without consent with some exemptions. The bill also provides personal property rights to DNA samples and DNA test results and requires the health department to develop a uniform written informed consent form. Penalties are set forth for violations. Measure failed. |
| Maryland | 2009 State Bills Maryland 2009 SB 572009 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | This bill provides an individual with a right to civil if the state genetic nondiscrimination insurance statutes are violated. Measure failed. |
| Massachusetts | 2009 State Bills Massachusetts 2009 H 38092009 legislative sessionRecord details | Health Insurance Coverage | Died | This bill requires individual accident and sickness policies, individual and group hospital service plans, the group insurance commissionplan for active and retired employees, and individual or group medical service agreement and health maintenance contract to provide benefits on a nondiscrminatory basis for diagnosis and treatment of autism. Diagnosis of autism spectrum disorders is defined to include genetic testing. Accompanied a new draft 2010 H. 4935, which was enacted. |
| Michigan | 2009 State Bills Michigan 2009 HB 52342009 legislative sessionRecord details | Health Insurance Nondiscrimination, Research | Died | This bill applies to insurers that provide Medicare supplement policies or certificates only. Denying or conditioning the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information is prohibited. These insurers of these policies or certificates may not (1) discriminate with respect to pricing on the basis of genetic information, (2) request or require an individual or family member to undergo a genetic test (with an exception regarding requesting a test), or (3) use the manifestation of disease in an individual as genetic information about another group members and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met. Measure failed. |
| Michigan | 2009 State Bills Michigan 2009 SB 7442009 legislative sessionRecord details | Health Insurance Nondiscrimination, Research | Enacted | This bill applies to insurers that provide Medicare supplement policies or certificates only. Denying or conditioning the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information is prohibited. These insurers of these policies or certificates may not (1) discriminate with respect to pricing on the basis of genetic information, (2) request or require an individual or family member to undergo a genetic test (with an exception regarding requesting a test), or (3) use the manifestation of disease in an individual as genetic information about another group members and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met. Approved by the Governor December 31, 2009. |
| Minnesota | 2009 State Bills Minnesota 2009 HF 13412009 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Died | This bill excludes the health department's collection, use, storage and dissemination of genetic information and blood specimens for testing infants for heritable and congenital disorders from the law governing genetic information collected by a government entity. The bill also requires that parents are provided information about how specimens may be used and allows parents to opt out of public health studies or research. Measure failed. |
| Minnesota | 2009 State Bills Minnesota 2009 HF 1821/SF 28652009 legislative sessionRecord details | Privacy | Died | This bill adds third generation pedigrees to health data protections that apply to the state health department. This bill also requires government entities to obtain written informed consent to collect genetic information and human biological specimens. Consent must include the purpose for collection, the length of retention, and any dissemination outside the organization that will occur. Measure failed. |
| Minnesota | 2009 State Bills Minnesota 2009 HF 1853/SF 16532009 legislative sessionRecord details | Health Insurance Nondiscrimination, Research | Enacted | This bill applies to insurers that provide Medicare supplement policies or certificates only. Denying or conditioning the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information is prohibited. These insurers of these policies or certificates may not (1) discriminate with respect to pricing on the basis of genetic information, (2) request or require an individual or family member to undergo a genetic test (with an exception regarding requesting a test), or (3) use the manifestation of disease in an individual as genetic information about another group members and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met. Approved by the governor May 22, 2009. |
| Minnesota | 2009 State Bills Minnesota 2009 HF 9012009 legislative sessionRecord details | Privacy | Died | This bill amends the definition of genetic information and creates a new section of the state genetic privacy law to separate the provisions that apply to government entities versus any person. The requirements imposed on government entities and any person with respect to written informed consent and appropriate use of genetic information are identical. Measure failed. |
| Minnesota | 2009 State Bills Minnesota 2009 HF 9022009 legislative sessionRecord details | Privacy, Research | Died | This bill creates personal property rights human biological specimens, defined as tissues, organs and body parts from which DNA may be isolated and requires written informed consent for the use of biological specimens in medical or genetic research. Consent forms must provide at least three options, including consent for a specific research project, consent for future research projects that are yet undefined, or consent for future research projects that are yet undefined, contingent on the research entity returning to seek specific written informed consent if the project is or could be considered controversial. The bill allows limited use of biological specimens for the calibration of laboratory equipment. Measure failed. |
| Minnesota | 2009 State Bills Minnesota 2009 SF 16532009 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill adds supplemental Medicare policies to health insurance plans covered under the state genetic_discrimination Act. HF 1853, which was approved by the Governor, was substituted for this bill. |
| Mississippi | 2009 State Bills Mississippi 2009 HB 4022009 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill creates the Genetic Information Nondiscrimination in Health Insurance Act, which prohibits health benefits plans from denying, refusing or canceling health insurance benefits or coverage on the basis of genetic information or a request or receipt of genetic services. The bill also prohibits health benefit plan insurers from requesting or requiring a genetic test and from disclosing genetic information without prior written authorization. Penalties for violations are set forth. Measure failed. |
| Nevada | 2009 State Bills Nevada 2009 SB 3882009 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill requires health insurers to comply with the Genetic Information Nondiscrimination Act. Measure failed. |
| Nevada | 2009 State Bills Nevada 2009 SB 4262009 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Privacy | Enacted | This bill requires health insurers to comply with the Genetic Information Nondiscrimination Act. Signed by the Governor May 29, 2009. |
| New York | 2009 State Bills New York 2009 A14452009 legislative sessionRecord details | Research | Died | This bill regulates the use of human subjects for medical research and experimentation, including subjects with mental disorders and children. Measure failed. |
| New York | 2009 State Bills New York 2009 A17692009 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | This bill prohibits denial, cancellation or alteration of a life or disability insurance policy or group life or disability insurance policy, including renewals, on the basis of any genetic testing performed on an insured, applicant or family member of insured or applicant. Measure failed. |
| New York | 2009 State Bills New York 2009 A24642009 legislative sessionRecord details | Health Insurance Coverage | Died | This bill requires accident and health insurance policies to cover the cost of genetic testing of persons with a family history of cancer when the attending physician determines such person has a significant risk of cancer. Measure failed. |
| New York | 2009 State Bills New York 2009 A37812009 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits the use of genetic information for community rating to develop small group health insurance premiums. The bill also prohibits pre-existing condition exclusions in small group health insurance policies based on genetic predisposition. Measure failed. |
| New York | 2009 State Bills New York 2009 A81232009 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits group or blanket policies that cover 51 or more employees for hospital, medical, major medical, or similar type comprehensive coverage from excluding members or dependents or establishing rates based on predisposing genetic characteristics. The bill also prohibits health insurers from requiring or using tests for or information about predisposing genetic characteristics for underwriting. The same restrictions are imposed upon hospital service corporations, health services corporation and medical expense indemnity corporations covering 51 or more employees. Measure failed. |
| New York | 2009 State Bills New York 2009 A85112009 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | This bill creates the genetics advisory council. The council, if created, will study and make recommendations on various issues, including unfair discrimination by employers and insurers. Measure failed. |
| New York | 2009 State Bills New York 2009 S37312009 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | This bill creates the genetics advisory council. The council, if created, will study and make recommendations on various issues, including unfair discrimination by insurers and employers. Measure failed. |
| New York | 2009 State Bills New York 2009 S47822009 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits group or blanket policies that cover 51 or more employees for hospital, medical, major medical, or similar type comprehensive coverage from excluding members or dependents or establishing rates based on predisposing genetic characteristics. The bill also prohibits health insurers from requiring or using tests for or information about predisposing genetic characteristics for underwriting. The same restrictions are imposed upon hospital service corporations, health services corporation and medical expense indemnity corporations covering 51 or more employees. Measure failed. |
| New York | 2009 State Bills New York 2009 S9352009 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | his bill prohibits the use of genetic information for community rating to develop small group health insurance premiums. The bill also prohibits pre-existing condition exclusions in small group health insurance policies based on genetic predisposition. Measure failed. |
| North Carolina | 2009 State Bills North Carolina 2009 HB 11832009 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | This bill requires health benefit plans and insurers to comply with all applicable standards of Public Law 110-233, known as the Genetic Information Nondiscrimination Act of 2008, as amended by Public Law 110-343, and as further amended. Signed by the Governor July 31, 2009. |
| Ohio | 2009 State Bills Ohio 2009 HB 82009 legislative sessionRecord details | Health Insurance Coverage | Died | This bill prohibits individual or group accident and sickness insurers from excluding coverage for the screening and diagnosis of autism, including genetic testing. Measure failed. |
| Oregon | 2009 State Bills Oregon 2009 HB 20092009 legislative sessionRecord details | Privacy | Enacted | This bill amends the state genetic privacy law by designating the Oregon Health Authority (previously the Department of Health and Human Services) as the body responsible for certain provisions of the law. Signed by the Governor June 26, 2009. |
| Virginia | 2009 State Bills Virginia 2009 SB 9762009 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits the treatment of genetic information as a preexisting condition in basic health insurance plans in the absence of a diagnosis of the condition related to such information. Measure failed. |
| West Virginia | 2009 State Bills West Virginia 2009 HB 27202009 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Privacy, Research | Died | This bill creates the Genetic Information privacy Act. Genetic testing and genetic information derived from testing may be released only to the individual tested or people specifically given written authorization to receive the information by the individual. Accident and health insurers may not request or seek information derived from genetic testing. If the federal government or others propose guidelines, the bill authorizes the insurance commissioner to propose rules to authorize further disclosure of information derived from genetic testing for insurance purposes beyond what is permitted in the legislation. The bill requires employers to treat information derived from genetic testing in a manner consistent with federal law, including but not limited to the Americans with Disabilities Act. Exclusions under the definition of genetic testing includes research governed by the Common Rule, tests conducted purely for research, tests for somatic as opposed to heritable mutations, tests where direct personal identifiers that reveal the patients identity are encoded or encrypted and tests that are composed of de-identified or anonymized information. Penalties for violations are set forth. Measure failed. |
| Wisconsin | 2009 State Bills Wisconsin 2009 AB 312009 legislative sessionRecord details | Employment Nondiscrimination | Died | This bill allows a person discriminated against or the department of workforce development under the state fair employment practices law to bring an action in circuit court. Measure failed. |
| Wisconsin | 2009 State Bills Wisconsin 2009 AB 752009 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | This bill amends statute section 631.89 (2) (bm) related to requesting or requiring genetic information from health care providers by amending the definition of covered providers to include providers as defined in section 146.81 (a) to (p). Report approved by the Governor with partial veto June 26, 2009 (section pertaining to genetic testing unaffected by partial veto) |
| Arizona | 2010 State Bills Arizona 2010 HB 22912010 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits health care service organizations from imposing pre-existing condition limitations or exclusions. Genetic conditions in the absence of a diagnosis related to the condition are not considered pre-existing conditions and may not result in a pre-existing condition limitation or exclusion. Measure failed. |
| Arizona | 2010 State Bills Arizona 2010 SB 13092010 legislative sessionRecord details | Privacy | Enacted | The bill establishes the right of parents to consent in writing before any record of the minor child's blood or deoxyribonucleic acid is created, stored or shared, with some exceptions such as for newborn screening. Signed by the Governor May 10, 2010. |
| California | 2010 State Bills California 2010 AB 22442010 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | This bill requires carriers and health care service plans offering plan contracts in the individual market, other than individual grandfathered plan coverage, to offer to the responsible party for a child coverage for the child that does not exclude or limit coverage due to any preexisting condition of the child. A health care service plan may not condition the issuance or offering of individual coverage on certain factors, including genetic information. Signed by the Governor on September 30, 2010. |
| California | 2010 State Bills California 2010 SB 11872010 legislative sessionRecord details | Research | Enacted | This bill amends existing law on the protection of human subjects, which provides an exemption until January 1, 2011 for any medical experimental treatment that benefits a patient subject to a life-threatening emergency if prescribed conditions are met. This bill provides that this exemption remains in effect until January 1, 2014. Signed by the Governor July 15, 2010. |
| Colorado | 2010 State Bills Colorado 2010 HB 14222010 legislative sessionRecord details | Privacy | Enacted | This bill amends section 10-3-1104.6 of the statutes by modifying a provision on limitations on disclosure of genetic information. The list of public health entities exempt from limitations on disclosure when conducting certain activities is reworded to include county, district or municipal public health agencies. Signed by the Governor on June 10, 2010. |
| Florida | 2010 State Bills Florida 2010 HB 15932010 legislative sessionRecord details | Employment Nondiscrimination | Died | This bill prohibits appointments, terminations, assignments, and maintenance of status, compensation, privileges and other terms and conditions of employment in the state personnel system based on genetic information. Measure failed. |
| Florida | 2010 State Bills Florida 2010 SB 22682010 legislative sessionRecord details | Employment Nondiscrimination | Died | This bill prohibits appointments, terminations, assignments, and maintenance of status, compensation, privileges and other terms and conditions of employment in the state personnel system based on genetic information. Measure failed. |
| Georgia | 2010 State Bills Georgia 2010 SB 4082010 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits a health group cooperative from excluding a small employer based on a health status-related factor, including genetic information in relation to an employee or dependent of an employee. Measure failed. |
| Iowa | 2010 State Bills Iowa 2010 HF 25312010 legislative sessionRecord details | Employment Nondiscrimination | Enacted | This bill adds definitions to the genetic nondiscrimination in employment law. Signed by the Governor April 29, 2010. |
| Iowa | 2010 State Bills Iowa 2010 SF 20682010 legislative sessionRecord details | Health Insurance Nondiscrimination, Privacy, Research | Died | This bill prohibits health insurers from discriminating based on genetic information or tests. Authorization is required to obtain genetic information or samples. Consent requirements are established to collect, retain, transmit or use genetic information. Exceptions under consent requirements include medical or scientific research and eduction and for use in medical repositories and registries if it does not contain personally identifiable information. Health insurers may not release genetic information without prior written authorization. Exceptions for release requirements include (1) if an individual is participating in research settings, including those governed by the federal policy for the protection of human subjects, and (2) tests conducted purely for research. Measure failed. |
| Iowa | 2010 State Bills Iowa 2010 SF 22152010 legislative sessionRecord details | Health Insurance Nondiscrimination, Privacy, Research | Enacted | This bill prohibits health insurers from discriminating based on genetic information or tests. Authorization is required to obtain genetic information or samples. Consent requirements are established to collect, retain, transmit or use genetic information. Exceptions under consent requirements include medical or scientific research and eduction and for use in medical repositories and registries if it does not contain personally identifiable information. Health insurers may not release genetic information without prior written authorization. Exceptions for release requirements include (1) if an individual is participating in research settings, including those governed by the federal policy for the protection of human subjects, and (2) tests conducted purely for research. Signed by the Governor April 23, 2010. |
| Kansas | 2010 State Bills Kansas 2010 HB 25012010 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | As described in the supplemental bill note, this bill establishes additional restrictions on insurance companies that require larger premiums for coverage based on obtaining a genetic test or the results of a genetic test, or that adjust premiums based on obtaining a genetic test or the results of a genetic test. The bill also specifies that the genetic testing provisions in law would apply to group policies and certificates of coverage or individual policies that provide hospital, medical or surgical expense benefits. Approved by the Governor April 15, 2010. |
| Kansas | 2010 State Bills Kansas 2010 SB 3902010 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | As described in the supplemental bill note, this bill establishes additional restrictions on insurance companies that require larger premiums for coverage based on obtaining a genetic test or the results of a genetic test, or that adjust premiums based on obtaining a genetic test or the results of a genetic test. The bill also specifies that the genetic testing provisions in law would apply to group policies and certificates of coverage or individual policies that provide hospital, medical or surgical expense benefits. Approved March 22, 2010. |
| Kentucky | 2010 State Bills Kentucky 2010 SB 1552010 legislative sessionRecord details | Health Insurance Nondiscrimination, Privacy | Died | This bill prohibits the adjustment of premium or contribution amounts based on genetic information; prohibits an insurer from requesting or requiring a genetic test of a member unless made pursuant to the Common Rule, equivalent federal regulations or any applicable administrative regulation for the protection of human subjects in research; prohibits the use of genetic information for underwriting purposes; prohibits the request, requirement, or purchase of genetic information by an insurer prior to an individual's enrollment under a plan; precludes insurers from requiring genetic information for eligibility for health insurance in the individual market; and prohibits the use of genetic information for the purpose of imposing any pre-existing condition exclusion. Measure failed. |
| Maryland | 2010 State Bills Maryland 2010 HB 13512010 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | This bill amends provisions of law that relate to the use of genetic tests and genetic information by an insurer, nonprofit health service plan, or health maintenance organization. The bill also amends provisions related to the use of genetic information in disability insurance, longterm care insurance, or life insurance. Measure failed. |
| Maryland | 2010 State Bills Maryland 2010 HB 5042010 legislative sessionRecord details | Employment Nondiscrimination | Died | This bill amends the employment discrimination law to state that an unlawful employment practice is established, including discrimination based on genetic information, when the complainant demonstrates that genetic information was a motivating factor for any employment practice even though other factors motivated the practice. Measure failed. |
| Massachusetts | 2010 State Bills Massachusetts 2010 H.49352010 legislative sessionRecord details | Health Insurance Coverage | Enacted | This bill requires individual accident and sickness policies, individual and group hospital service plans, the group insurance commissionplan for active and retired employees, and individual or group medical service agreement and health maintenance contract to provide benefits on a nondiscriminatory basis for diagnosis and treatment of autism. Diagnosis of autism spectrum disorders is defined to include genetic testing. Signed by the Governor August 3, 2010. |
| Minnesota | 2010 State Bills Minnesota 2010 HF 16812010 legislative sessionRecord details | Other Topics | Died | This bill requires any person who provides a specimen collection kit to a resident of Minnesota for the purpose of collecting genetic material to perform a genetic test to first provide the resident with the disclosure, as described in the legislation. The bill also requires a study to determine which companies and laboratories are providing direct-to-consumer genetic tests to Minnesota residents. Measure failed. |
| Mississippi | 2010 State Bills Mississippi 2010 HB 3782010 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill creates the genetic nondiscrimination in health insurance act. No health benefit plan may cancel, deny or refuse to renew benefits or coverage based on genetic information. This bill also places restrictions on health benefit plan's ability to request or require disclosure of genetic information. Measure failed. |
| Mississippi | 2010 State Bills Mississippi 2010 HB 8252010 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits group health benefit plans from imposing pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Measure failed. |
| Montana | 2010 State Bills Montana 2010 HB 1282010 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill amends the health insurance statutes and prohibits a group health plan or a health insurance issuer offering group health_insurance_coverage from imposing a preexisting condition exclusion on an individual under 19 years of age because of a preexisting condition. Genetic information may not be treated as a pre-existing condition under existing law. Measure failed. |
| Montana | 2010 State Bills Montana 2010 HB 1832010 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | This bill amends the genetic nondiscrimination law pertaining to life and disability insurance to exclude high deductible plans. Measure failed. |
| Nebraska | 2010 State Bills Nebraska 2010 LB 10382010 legislative sessionRecord details | Privacy | Died | This bill amends section 71-551 of the statutes on genetic testing. Proposed changes address the types of genetic tests covered under law and and consent requirements. Measure failed. |
| Oklahoma | 2010 State Bills Oklahoma 2010 HB 26882010 legislative sessionRecord details | Health Insurance Coverage | Died | This bill requires individual and group health insurers that provide coverage on an expense-incurred basis to provide reimbursement not to exceed $115 for mammography screening any female under 35 with a genetic predisposition to breast cancer. Measure failed. |
| Oklahoma | 2010 State Bills Oklahoma 2010 SB 12502010 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Enacted | This bill requires parental consent required to store, transfer, use or database DNA from any newborn child. Signed by the Governor May 11, 2010. |
| Oklahoma | 2010 State Bills Oklahoma 2010 SB 20542010 legislative sessionRecord details | Health Insurance Nondiscrimination, Research | Enacted | This bill modifies the state Genetic Information Nondiscrimination in Insurance Act. Topics addressed by the modifications include definitions, discrimination in health insurance based on genetic information, and prohibitions for requesting and requiring genetic a genetic test with exceptions for research if conducted in compliance with the Common Rule and certain criteria are met. Approved by the Governor on 5/10/2010. |
| South Carolina | 2010 State Bills South Carolina 2010 HB 42982010 legislative sessionRecord details | Health Insurance Nondiscrimination, Privacy, Research | Died | This bill amends existing statute sections and creates new statute sections pertaining to health_insurance_nondiscrimination, genetic privacy, research issues and enforcement of these provisions. Measure failed. |
| South Carolina | 2010 State Bills South Carolina 2010 SB 12242010 legislative sessionRecord details | Health Insurance Nondiscrimination, Privacy, Research | Enacted | This bill amends existing statute sections and creates new statute sections pertaining to health_insurance_nondiscrimination, genetic privacy, research issues and enforcement of these provisions. Signed by the Governor on June 7, 2010. |
| Virginia | 2010 State Bills Virginia 2010 HB 4552010 legislative sessionRecord details | Employment Nondiscrimination | Died | This bill amends the state employment genetic nondiscrimination law by adding the Commonwealth or any of its agencies, institutions, or political subdivisions, or any public body to the list of entities covered under the law. Measure failed. |
| California | 2011 State Bills California 2011 SB 5592011 legislative sessionRecord details | Employment Nondiscrimination | Enacted | This bill, referred to as CalGINA, prohibits discrimination based on genetic information in several areas in addition to those addressed by existing law, including in housing, at certain business facilities, at state agencies, entities funded by or receiving financial assistance from the state, and in the provision of emergency services. Signed by the Governor on September 6, 2011. |
| Hawaii | 2011 State Bills Hawaii 2011 HB 14512011 legislative sessionRecord details | Privacy, Research | Died | This bill adds a new chapter to the Hawaii statutes on the privacy of health care information. The bill provides for the protection of "protected health information," including genetic information. The bill allows a health care provider, health plan, public health authority, employer, insurer or educational institution to disclose protected health information to health researchers if certain requirements are met, including review of the research by an IRB. Measure failed. |
| Iowa | 2011 State Bills Iowa 2011 HF 5972011 legislative sessionRecord details | Employment Nondiscrimination | Enacted | This bill requires a health carrier to notify a covered person of the right to request an external review and include appropriate statements and information in the written notice of a final adverse decision. Health carriers also must include with the notice an authorization form or other document developed by the state that complies with the federal Genetic Information Nondiscrimination Act. Signed by the Governor on April 28, 2011. |
| Massachusetts | 2011 State Bills Massachusetts 2011 S.10802011 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Privacy, Research, Use of Residual Newborn Screening Specimens | Died | This bill creates the Genetic Bill of RIghts. Genetic information is declared the exclusive property of the individual from whom the information is obtained. The bill also prohibits disclosure of genetic information without informed written consent. The bill excludes newborn screening blood specimens from the definition of genetic information. The bill also excludes research from consent requirements when genetic information is held by particular entities if the information is confidential research information for use in epidemiological or clinical research conducted for the purpose of generating scientific knowledge about genes or learning about the genetic basis of disease or for developing pharmaceutical and other treatments of disease. Measure failed. |
| Michigan | 2011 State Bills Michigan 2011 SB 4292011 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill allows a health insurer to request a genetic test as additional information for prior authorization. (See version passed by the Senate). Measure failed. |
| Minnesota | 2011 State Bills Minnesota 2011 HF 13572011 legislative sessionRecord details | Other Topics | Died | This bill requires any person who provides a specimen collection kit to a resident of Minnesota for the purpose of collecting genetic material to perform a genetic test to first provide the resident with the disclosure, as described in the legislation. The bill also requires a study to determine which companies and laboratories are providing direct-to-consumer genetic tests to Minnesota residents. Measure failed. |
| Mississippi | 2011 State Bills Mississippi 2011 HB 9042011 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Genetic information may not be excluded as a preexisting condition in the absence of a diagnosis of the condition related to the genetic information. Measure failed. |
| New Mexico | 2011 State Bills New Mexico 2011 SB 2052011 legislative sessionRecord details | Employment Nondiscrimination | Died | This bill enacts the Uniform Protection of Genetic Information in Employment Act on employee access to genetic information, confidentiality and retention of genetic information and disclosure of genetic information. Measure failed. |
| New York | 2011 State Bills New York 2011 A18402011 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Died | This bill prohibits the retention of DNA, blood spots or other genetic information with an infant's identifying information for any period of time or for any purpose other than newborn screening without parental consent. Measure failed. |
| New York | 2011 State Bills New York 2011 A23252011 legislative sessionRecord details | Health Insurance Coverage | Died | This bill requires accident and health insurance policies to cover the cost of genetic testing of people with a family history of cancer when his or her physician determines that there is a significant risk of developing cancer. Measure failed. |
| New York | 2011 State Bills New York 2011 A28372011 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | This bill prohibits discrimination based on genetic characteristics in life and disability insurance. Measure failed. |
| New York | 2011 State Bills New York 2011 A50652011 legislative sessionRecord details | Research | Died | This bill regulates the use of human subjects for medical research and experimentation, including subjects with mental disorders and children. Measure failed. |
| New York | 2011 State Bills New York 2011 A58582011 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill defines the term "genetic predisposition" for purposes of individual and small group health insurance policies, requires that genetic predisposition be disregarded in community rating, and provides that no pre-existing condition exclusion in such a policy shall exclude coverage on the basis of any genetic predisposition. Measure failed. |
| New York | 2011 State Bills New York 2011 A64782011 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill prohibits any group or blanket health insurance policy from excluding coverage for any group member based on a predisposing genetic characteristic, and prohibits any hospital service corporation, health service corporation or medical expense indemnity corporation contract from excluding coverage for any group member based on predisposing genetic characteristics. Measure failed. |
| New York | 2011 State Bills New York 2011 S37262011 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | his bill defines the term "genetic predisposition" for purposes of individual and small group health insurance policies, requires that genetic predisposition be disregarded in community rating, and provides that no pre-existing condition exclusion in such a policy shall exclude coverage on the basis of any genetic predisposition. Measure failed. |
| North Dakota | 2011 State Bills North Dakota 2011 SB 20672011 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Enacted | This bill amends the statute that allows the health council to authorize the use of newborn metabolic screening tests for legitimate research purposes by broadening the term "newborn metabolic screening tests" to include "newborn metabolic and genetic disease screening tests." Signed by the Governor April 26, 2011. |
| Oklahoma | 2011 State Bills Oklahoma 2011 SB 8362011 legislative sessionRecord details | Employment Nondiscrimination | Died | This bill amends statutes pertaining to discriminatory practices in employment, housing, and public accommodations. The bill provides exclusive remedies for individuals alleging discrimination in employment on the basis of genetic information. Measure failed. |
| Oklahoma | 2011 State Bills Oklahoma 2011 SB 8372011 legislative sessionRecord details | Employment Nondiscrimination | Enacted | This bill amends statutes pertaining to discriminatory practices in employment, housing, and public accommodations. The bill provides exclusive remedies for individuals alleging discrimination in employment on the basis of genetic information. Signed by the Governor May 18, 2011. |
| South Dakota | 2011 State Bills South Dakota 2011 SB 382011 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | This bill amends the definitions used in the health_insurance_nondiscrimination law. Signed by the Governor March 8, 2011. |
| Texas | 2011 State Bills Texas 2011 HB 21102011 legislative sessionRecord details | Privacy | Died | This bill gives an individual property rights to his or her DNA sample. A person may not collect a DNA sample, perform a genetic test or retain a DNA sample, with few exceptions such as for law enforcement purposes. Measure failed. |
| Vermont | 2011 State Bills Vermont 2011 H3682011 legislative sessionRecord details | Privacy | Died | This bill creates personal property rights to genetic information. The bill also prohibits disclosure of genetic information without informed written consent. Measure failed. |
| Wisconsin | 2011 State Bills Wisconsin 2011 AB 2892011 legislative sessionRecord details | Employment Nondiscrimination | Died | This bill would eliminate the compensatory and punitives damages for acts of employment discrmination or unfair honesty or genetic testing. Measure failed. |
| Wisconsin | 2011 State Bills Wisconsin 2011 SB 2022011 legislative sessionRecord details | Employment Nondiscrimination | Enacted | This bill would eliminate the compensatory and punitives damages for acts of employment discrmination or unfair honesty or genetic testing. Signed by the Governor April 6, 2012. |
| Alabama | 2012 State Bills Alabama 2012 HB 782012 legislative sessionRecord details | Privacy | Died | This bill creates the Genetic Information privacy Act. The bill establishes procedures for obtaining, disclosing and storing genetic information as well as penalties for unlawful disclosure. Measure failed. |
| California | 2012 State Bills California 2012 SB 12672012 legislative sessionRecord details | Privacy, Research | Died | This bill creates the Genetic Information privacy Act. The bill prohibits any person from obtaining, analyzing, or disclosing genetic information without the written authorization of the individual to whom the information pertains and requires a separate written authorization for each separate disclosure of an individual's genetic information, with some exceptions such as for law enforcement. The bill permits disaggregated and anonymized data to be used in the manner specified that was collected before the bill's enactment without the authorization described above. The bill also permits the use of disaggregated and anonymized data, as specified, if written authorization is obtained and the data is used for a purpose authorized by the individual to whom the information pertains. Measure failed. |
| Hawaii | 2012 State Bills Hawaii 2012 HB 18102012 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill requires health benefit plans to include lower deductibles and co-payments for non-tobacco smokers and others at low risk. Genetic factors and pre-existing conditions may not be considered a behavior. Measure failed. |
| Illinois | 2012 State Bills Illinois 2012 HB 62482012 legislative sessionRecord details | Health Insurance Coverage | Died | The Department of Healthcare and Family Services must authorize the provision of, and payment for, a baseline mammograms for women 35-39 and mammograms at certain intervals for women over 40. Women under 40 with risk factors such as positive genetic testing should receive mammograms as medical necessary. Measure failed. |
| Louisiana | 2012 State Bills Louisiana 2012 HB 6372012 legislative sessionRecord details | Employment Nondiscrimination | Died | This bill changes the person in charge of promulgating regulations for genetic monitoring from the executive director of the Louisiana Workforce Commission to the chairman of the Louisiana Commission on Human Rights. Measure failed. |
| Minnesota | 2012 State Bills Minnesota 2012 HF 29672012 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Enacted | During the period in which residual newborn screening specimens is retained, the health department may use blood samples and test results for newborn screening program operations. Newborn screening operations are defined to specifically exclude research, public health studies, or the development of new newborn screening tests. Signed by the Governor on May 10, 2012. |
| Minnesota | 2012 State Bills Minnesota 2012 HF 30252012 legislative sessionRecord details | Privacy | Died | This bill amends the definition of genetic test in the statutes regarding government data practices. Measure failed. |
| Mississippi | 2012 State Bills Mississippi 2012 HB 4972012 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | In the group health market genetic information may not be excluded as a preexisting condition in the absence of a diagnosis of the condition related to the genet ic information. Measure failed. |
| New Mexico | 2012 State Bills New Mexico 2012 SB 2902012 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill removes language in several sections of the statutes related to health insurance, which state that genetic information is not a health status factor. Measure failed. |
| South Carolina | 2012 State Bills South Carolina 2012 SB 12662012 legislative sessionRecord details | Health Insurance Coverage | Died | Existing law requires individual and group health insurers to cover mammograms. This bill requires that Coverage for mammograms required in subsection (A)(1) must include benefits for comprehensive ultrasound screening of an entire breast or breasts if a mammogram demonstrates heterogeneous or dense breast tissue based on: (a) the Breast Imaging Reporting and Data System established by the American College of Radiology; or (b) if a woman is believed to be at increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing or other indications as determined by a woman's physician or advanced practice registered nurse. Died. |
| South Dakota | 2012 State Bills South Dakota 2012 HB 12602012 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill repeals the authority of the director of the Division of Insurance to promulgate rules governing use of genetic information and enacts certain provisions regarding the use of genetic information. Measure failed. |
| California | 2013 State Bills California 2013 AB 582013 legislative sessionRecord details | Research | Enacted | This bill continue the exemption to informed consent requirements for human subjects in the event of a life-threatening emergency indefinitely. The existing exemption is set to expire on January 1, 2014. Approved by the Governor on Oct. 4, 2013. |
| California | 2013 State Bills California 2013 Extraordinary Session SBX1 22013 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Prohibits a policy or contract that covers a small employer, as defined in Section 1304(b) of PPACA and in Section 1357.500, or health care service plans offered outside the American Health Benefit Exchange required by PPACA from establishing rules for eligibility, including continued eligibility, of an individual, or dependent of an individual, to enroll under the terms of the policy or contract based on health status-related factors, including genetic information. Approved by the Governor May 9, 2013. |
| California | 2013 State Bills California 2013 SB 1612013 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | A stop-loss carrier must offer coverage to all employees and dependents of employees of a small employer to which it issues a stop-loss insurance policy and may not exclude any employee or dependent on the basis of an actual or expected health status-related factor, including genetic information. Approved by the Governor October 1, 2013. |
| California | 2013 State Bills California 2013 SB 2222013 legislative sessionRecord details | Privacy | Died | This bill states that it is the intent of the Legislature to enact legislation to protect individuals from the unauthorized use of their genetic information, ensure that genetic information is personal information that is not collected, stored, or disclosed without the individual's authorization, provide protections for the collection, storage, and authorized use of genetic information, and promote the use of genetic information for legitimate reasons, including, but not limited to, health care, research, advancement of medicine, and educational purposes, as the field of genomics advances. Died. |
| California | 2013 State Bills California 2013 SB 7992013 legislative sessionRecord details | Health Insurance Coverage | Died | Requires every health care service plan contract, except a specialized health care service plan contract to provide coverage for genetic testing for hereditary nonpolyposis colorectal cancer (HNPCC) under certain circumstances. Died. |
| Colorado | 2013 State Bills Colorado 2013 HB 12662013 legislative sessionRecord details | Health Insurance Coverage | Enacted | This bill amends existing statutes pertaining to mammography coverage for persons with a predisposition to breast cancer by amending provisions related to copayments and deductibles and the frequency of mammography coverage requirements (breast cancer screening with mammography required annually.) Signed by the Governor on May 13, 2013. |
| Colorado | 2013 State Bills Colorado 2013 HB 13092013 legislative sessionRecord details | Health Insurance Coverage | Died | Amends existing coverage requirements for breast cancer screening with mammography for individuals with a genetic predispoition to breast cancer. Requires all sickness and accident insurance policies to provide coverage for breast imaging for all individuals possessing at least one risk factor for breast cancer, including a family history of breast cancer, being 40 years of age or older, or a genetic predisposition to breast cancer. Died. |
| Delaware | 2013 State Bills Delaware 2013 HB 1622013 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Prohibits group health insurers from establishing rules for eligibility of an individual to enroll based on a health status related factor of individuals, including genetic information. Prohibits individual health insurers from establishing rules for eligibility of an individual to enroll under the terms of the coverage based on health status-related factors, including genetic information. Signed by the Governor on July 15, 2013. |
| Florida | 2013 State Bills Florida 2013 HB 8572013 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | This bill amends Florida's health_insurance_nondiscrimination law. The bill removes the exemption for life, disability and long-term care insurance under existing law and states that the law applies to other lines of insurance. Died. |
| Florida | 2013 State Bills Florida 2013 SB 9822013 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | This bill amends Florida's health_insurance_nondiscrimination law. The bill removes the exemption for life, disability and long-term care insurance under existing law and states that the law applies to other lines of insurance. Died. |
| Hawaii | 2013 State Bills Hawaii 2013 HB 5402013 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | The board of the Hawaii employer-union health benefits trust fund must require every health benefits plan established or contracted to include lower deductibles and co-payments for non-smokers of tobacco and other persons engaged in low risk health behaviors that are designed, in compliance with applicable federal and state laws, to encourage preventative health care, promote wellness, and discourage medically unnecessary use of health care services; provided that the board consults with medical professionals to determine what should be included as low risk health behaviors. Genetic factors and pre-existing medical conditions may not be considered as a behavior when determining what constitutes low risk behavior. Died. |
| Idaho | 2013 State Bills Idaho 2013 HB 1942013 legislative sessionRecord details | Other Topics | Died | Worker's compensation is payable for disability or death of an employee resulting from occupational diseases, including breast cancer, if certain criteria are met. Criteria includes: (1) diagnosis of breast cancer after five years of employment, before the age of 40, without BRCA 1 or BRCA 2 genetic predisposition; and (2) the disease must not have been revealed during an initial employment medical screening exam or during any subsequent medical review. Died. |
| Maryland | 2013 State Bills Maryland 2013 HB 14302013 legislative sessionRecord details | Other Topics | Died | Creates the task force on pharmacogenomics to examine questions related to pharmacogenomics, including how the State can adopt genomic testing as the standard of care for patients. Died. |
| Maryland | 2013 State Bills Maryland 2013 HB 9592013 legislative sessionRecord details | Privacy | Died | Sets forth requirements for governmental units, including an executive, legislative or judicial agency, a department, a board, a commission, an authority, a public institution of higher education, or a unit or instrument of the state that collects or discloses personal information. Defines personal information to include an individual's genetic print. Died. |
| Maryland | 2013 State Bills Maryland 2013 HB 9602013 legislative sessionRecord details | Privacy | Died | Requires certain businesses, when destroying a customers records that contain personal or private information of the customer, to take specific steps to protect against unauthorized access to or use of the information. Personal information is defined to include an individual's genetic print. Died. |
| Maryland | 2013 State Bills Maryland 2013 SB 6762013 legislative sessionRecord details | Privacy | Died | Sets forth requirements for governmental units, including an executive, legislative or judicial agency, a department, a board, a commission, an authority, a public institution of higher education, or a unit or instrument of the state that collects or discloses personal information. Defines personal information to include an individual's genetic print. Died. |
| Maryland | 2013 State Bills Maryland 2013 SB 8592013 legislative sessionRecord details | Privacy | Died | Requires certain businesses, when destroying a customers records that contain personal or private information of the customer, to take specific steps to protect against unauthorized access to or use of the information. Personal information is defined to include an individual's genetic print. Died. |
| Massachusetts | 2013 State Bills Massachusetts 2013 H.19092013 legislative sessionRecord details | Privacy | Died | Specifies when authorization to disclose health care information is required. Health care is defined to include genetic information. As of June 6, 2014, accompanied by a study order (see H4147). |
| Massachusetts | 2013 State Bills Massachusetts 2013 H.20702013 legislative sessionRecord details | Research | Enacted | This bill states that any public health surveillance activity which is also research is subject to the requirements for research using human subjects. Signed by the Governor 12/19/2014. |
| Massachusetts | 2013 State Bills Massachusetts 2013 H.9742013 legislative sessionRecord details | Health Insurance Coverage | Died | Individual or group policies of accident and sickness insurance, except policies providing supplemental coverage to Medicare or to other government programs, delivered, issued or renewed by agreement within or without the commonwealth must provide coverage for breast cancer screening technology, including, but not limited to, Magnetic Resonance Imaging (MRI) for high risk women. Coverage must be provided not less than once annually to women 25 years and older. High risk women, include, but are not limited to women who test positive for BRCA 1 or 2 or who have one or more first degree relatives that have tested positive for BRCA 1 or 2. Reporting date extended to Thursday July 31, 2014, pending concurrence. Died. |
| Michigan | 2013 State Bills Michigan 2013 HB 42752013 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | An insurer may specify in writing the materials and information necessary to constitute a properly completed standard prior authorization request. The request may include patient clinical information, including, but not limited to diagnosis, chart notes, lab information, and genetic tests. Died. |
| Michigan | 2013 State Bills Michigan 2013 SB 1782013 legislative sessionRecord details | Health Insurance Nondiscrimination, Privacy | Enacted | Requires a workgroup to develop a standard prior written authorization methodology for prescribers. If the workgroup develops a paper form, it must allow an insurer to request and require additional information beyond the form. Additional information may include patient clinical information regarding genetic tests. Signed by the Governor May 21, 2013. |
| Michigan | 2013 State Bills Michigan 2013 SB 5682013 legislative sessionRecord details | Privacy | Died | This bill requires the Department of Community Health to develop a model written, informed consent form for genetic testing. Health care professionals must have test subjects complete the form prior to ordering genetic testing. Died. |
| Minnesota | 2013 State Bills Minnesota 2013 HF 52013 legislative sessionRecord details | Privacy | Enacted | Requires the Minnesota Insurance Marketplace to provide any data subject asked to supply private data with a notice of rights related to the handling of genetic information. The Minnesota Insurance Marketplace is a state health benefit exchange as described in section 1311 of the federal Patient Protection and Affordable Care Act (Public Law 111-148), and further defined through amendments to the act and regulations issued under the act. March 21, 2013 Approved by the Governor. |
| Minnesota | 2013 State Bills Minnesota 2013 HF 589/SF 10172013 legislative sessionRecord details | Privacy, Research, Use of Residual Newborn Screening Specimens | Died | This bill specifies that newborn screening activities are subject to state law on the collection, storage, use, and dissemination of genetic information. A new statute section also is created on the treatment of biological specimens and health data held by the health department and health boards. The new statute section allows the commissioner to collect, use, store, and disseminate biological specimens and health data to conduct research in a manner that is consistent with the federal common rule for the protection. Died. |
| Minnesota | 2013 State Bills Minnesota 2013 SF 1234/HF 13592013 legislative sessionRecord details | Other Topics | Enacted | Medical data collected, stored, used, or disseminated by or filed with the commissioner in connection with a claim for workers' compensation benefits does not constitute genetic information for the purposes of section 13.386 of the statutes. Signed by the Governor on May 18, 2013. |
| Minnesota | 2013 State Bills Minnesota 2013 SF 745/HF 6952013 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Enacted | Amends the statute governing the collection, storage, use and dissemination of genetic information by adding a section to specify that newborn screening activities are subject to the law. Requires the Commissioner of Health to evaluate the scientific and medical validity of a comprehensive and sustainable long-term storage and use plan for newborn screening test results. Approved by the Governor May 23, 2013. |
| Mississippi | 2013 State Bills Mississippi 2013 HB 15322013 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination | Died | Prohibits any employer or insurer from using the results of DNA testing against a patient or against the patient's consanguineous family members for any discriminatory purpose. Any employer who violates this section may, upon conviction, be fined up to Five Thousand Dollars ($5,000.00) or imprisoned for not more than one (1) year, or both. Died. |
| Mississippi | 2013 State Bills Mississippi 2013 HB 2332013 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Creates a small business health insurance pool. Genetic information may not be excluded as a preexisting condition in the small business health insurance pool in the absence of a diagnosis of the condition related to the genetic information. Died. |
| Mississippi | 2013 State Bills Mississippi 2013 HB 3112013 legislative sessionRecord details | Employment Nondiscrimination | Died | Creates a small business health insurance pool. WIth regard to the pool, genetic information may not be excluded as a preexisting condition in the absence of a diagnosis of the condition related to the genetic information. Died. |
| Montana | 2013 State Bills Montana 2013 HB 4412013 legislative sessionRecord details | Health Insurance Coverage | Died | Each group or individual medical expense, cancer, and blanket disability policy, certificate of insurance, and membership contract must provide minimum mammography examination coverage. The definition of minimum mammography examination is amended to include: a) a mammogram each year for a woman who is under 35 years of age if: (i) the woman has two or more first-degree family members diagnosed with breast cancer or ovarian cancer; (ii) genetic tests indicate the woman is at higher risk for breast cancer; or (iii) the woman's physician recommends the test. Died in Standing Committee on April 24, 2013. |
| Montana | 2013 State Bills Montana 2013 SB 3832013 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | A health insurance issuer offering individual health_insurance_coverage in this state may not establish rules for eligibility or adjust premiums for any individual or individual's dependent to enroll in individual health_insurance_coverage based on genetic information. Individual health insurance issuers also may not impose any preexisting condition exclusion on the basis of genetic information or request or require an individual or a family member of an individual to undergo a genetic test. Died in Standing Committee. |
| New Hampshire | 2013 State Bills New Hampshire 2013 HB 3122013 legislative sessionRecord details | Privacy | Died | This bill restricts the collection of biometric data, including DNA or RNA, by state agencies, municipalities, and political subdivisions. Died. |
| New Jersey | 2013 State Bills New Jersey 2013 A 43062013 legislative sessionRecord details | Privacy | Died | This bill sets forth requirements for government collection of biometric identifiers, including DNA. No governmental entity shall obtain a biometric identifier of an individual without authorization of the individual, with some exceptions such as law enforcement. Died. |
| New Mexico | 2013 State Bills New Mexico 2013 HB 1682013 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Prohibits pre-existing condition exclusions in qualified health plans in the New Mexico Health Insurance Exchange Act. Genetic information is not included as a preexisting condition for the purposes of limiting or excluding benefits in the absence of a diagnosis of the condition related to the genetic information. (Provision related to genetic information is in Committee Substitute version) Died. |
| New Mexico | 2013 State Bills New Mexico 2013 HB 3662013 legislative sessionRecord details | Health Insurance Coverage | Died | An individual or group health insurance policy, health care plan or certificate of health insurance that is delivered or issued for delivery in New Mexico must provide certain benefits that have, in effect, a rating of "A" or "B" in the current recommendations of the United States preventive services task force, for various services, including genetic counseling and evaluation for breast cancer BRCA-gene testing for women whose family histories are associated with an increased risk for deleterious mutations in BRCA1 or BRCA2 genes. Died in Committee. |
| New Mexico | 2013 State Bills New Mexico 2013 SB 4452013 legislative sessionRecord details | Employment Nondiscrimination, Privacy | Died | Enacts the Uniform Protection of Genetic Information in Employment Act. The bill also amends the Genetic Information privacy Act. Died in Consumer and Public Affairs Committee. |
| New York | 2013 State Bills New York 2013 A11532013 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | This bill establishes a genetics advisory council to study various topics, including the use of any genetic test by insurers, employers or educational institutions, including the potential for compromising the individual liberties and civil rights of individuals or causing individuals to suffer unfair discrimination. Died. |
| New York | 2013 State Bills New York 2013 A29312013 legislative sessionRecord details | Research | Died | This bill regulates the use of human subjects for medical research and experimentation, including subjects with mental disorders and children. The bill addresses exclusion or inclusion of subjects to participate in human research based on race, ethnicity or sex; requires reporting certain information relating to the collection of data, and provides that no greater than minimal risk non-therapeutic human research may be conducted on a child without consent of a parent or guardian. Died. |
| New York | 2013 State Bills New York 2013 A37602013 legislative sessionRecord details | Health Insurance Coverage | Died | Requires policies of hospital, surgical or medical care to provide coverage for ovarian cancer screening. These policies also must provide coverage for specific services if a person is believed to be at increased risk of ovarian cancer to due to family history, personal history or positive genetic testing. Died. |
| New York | 2013 State Bills New York 2013 A37612013 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health insurance policies to cover comprehensive genetic screening for breast, ovarian, prostate, colon and lung cancers if recommended by a board-certified geneticist or board-certified genetic counselor. Died. |
| New York | 2013 State Bills New York 2013 A40382013 legislative sessionRecord details | Health Insurance Coverage | Died | Every policy that provides medical coverage, including coverage for physician services in a physician's office, and every policy that provides major medical or similar comprehensive coverage must cover the cost of genetic testing and any subsequent treatment resulting from the results of the genetic test for people who are, in the opinion of a physician, at significant risk of contracting cancer. Died. |
| New York | 2013 State Bills New York 2013 A5062013 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Died | This bill requires written parental consent to store a newborn's test, blood spot or other genetic information for any purpose other than newborn screening. Died. |
| New York | 2013 State Bills New York 2013 A65272013 legislative sessionRecord details | Privacy | Died | This bill establishes the Medicaid identification and anti-fraud biometric technology pilot program. Biometric technologies includes, but is not limited to, DNA and other identifiers. Died. |
| New York | 2013 State Bills New York 2013 S26422013 legislative sessionRecord details | Privacy | Died | Establishes the office of data protection and privacy for intelligence data centers to protect the privacy of personal information and biometric identifiers, including DNA. Died. |
| New York | 2013 State Bills New York 2013 S41962013 legislative sessionRecord details | Privacy | Died | This bill establishes the Medicaid identification and anti-fraud biometric technology pilot program. Biometric technologies includes, but is not limited to, DNA and other identifiers. Died. |
| New York | 2013 State Bills New York 2013 S42842013 legislative sessionRecord details | Privacy | Died | Prohibits the release of personally identifiable student information, including DNA sequence, where parental consent is not provided. Died. |
| New York | 2013 State Bills New York 2013 S53732013 legislative sessionRecord details | Health Insurance Coverage | Died | Requires policies that provide coverage for hospital, medical or surgical care to provide coverage for screening for ovarian cancer, upon examination by a physician or other factors, including genetic testing, for an ultrasound at specified periods. Died. |
| North Carolina | 2013 State Bills North Carolina 2013 HB 8342013 legislative sessionRecord details | Employment Nondiscrimination | Enacted | Sets forth procedures for State employment appeals of grievances and disciplinary actions related to discrimination claims, including discrimination based on genetic information. Signed by the Governor August 21, 2013. |
| North Dakota | 2013 State Bills North Dakota 2013 HB 13142013 legislative sessionRecord details | Privacy | Died | Enacts a new chapter of the statutes relating to genetic privacy. A person may not collect a DNA sample from an individual, perform a DNA analysis on a sample, retain a DNA sample or the results of a DNA analysis, or disclose the results of a DNA analysis unless the person has first obtained the informed and written consent of the individual or of the individual's legal guardian or authorized representative, for the collection, analysis, retention, or disclosure. A DNA sample and the results of a DNA analysis performed on the sample are the exclusive property of the individual sampled or analyzed. The bill provides certain exemptions. Died. |
| Ohio | 2013 State Bills Ohio 2013 SB 882013 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | This bill creates the Ohio Health Benefit Exchange. The exchange must meet the minimum requirements of the Patient Protection and Affordable Care Act of 2010. Died. |
| Oklahoma | 2013 State Bills Oklahoma 2013 HB 13422013 legislative sessionRecord details | Health Insurance Nondiscrimination, Research | Died | A health carrier offering health benefit plans providing individual market health_insurance_coverage may not (1) impose a pre-existing condition exclusion on the basis of genetic information, (2) establish rules for the eligibility, including continued eligibility, of any individual to enroll for coverage based on genetic information, (3) adjust premium or contribution amounts for an individual on the basis of genetic information concerning the individual or a family member of the individual, (4) request or require an individual or a family member of an individual to undergo a genetic test, or (5) request or require or purchase genetic information for underwriting purposes or to determine eligibility. A health carrier may request, but not require, that an individual or a family member of the individual undergo a genetic test if the request is made pursuant to research that complies with Part 46 of Title 45, Code of Federal Regulations or equivalent federal regulations and any applicable state or local law or regulations for the protection of human subjects in research and other criteria are met. Died. |
| Oklahoma | 2013 State Bills Oklahoma 2013 HB 13842013 legislative sessionRecord details | Privacy, Use of Residual Newborn Screening Specimens | Enacted | This bill creates the Parents' Bill of Rights. Rights under the bill include the right to consent in writing before any record of a minor childs blood or DNA is created, stored or shared, except as required by Sections 1-516 (pertaining to syphilis) and 1-524.1 (pertaining to testing arrested persons for sexually transmitted infections and HIV) of Title 63 of the Oklahoma Statutes, or unless authorized pursuant to a court order. Signed by the Governor on May 12, 2014. |
| Oregon | 2013 State Bills Oregon 2013 HB 22402013 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Aligns Oregon health insurance law with changes in federal law and renumbers sections of Oregon law pertaining pre-existing condition, which are defined not to include genetic information in the absence of a diagnosis of the condition related to such information. 7/29/13 Signed by the Governor. |
| Oregon | 2013 State Bills Oregon 2013 HB 29222013 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Creates new provisions related to statewide coverage of health care. Renumbers sections of existing that which define pre-existing conditions, which does not include genetic information in the absence of a diagnosis of a condition related to the information. Died. |
| South Dakota | 2013 State Bills South Dakota 2013 HB 12382013 legislative sessionRecord details | Health Insurance Coverage | Died | Every policy of group or individual health insurance, each service or indemnity-type contract issued by a nonprofit medical or surgical service plan corporation and each health maintenance contract that covers a female, that is delivered, issued for delivery, or renewed in South Dakota, and that provides coverage for occult breast cancer screening must provide additional benefits for (1) comprehensive ultrasound screening if a mammogram demonstrates heterogeneous or dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology or if a woman is believed to be at an increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing, or other indications as determined by a woman's physician or advanced practice registered nurse; and (2) magnetic resonance imaging in accordance with guidelines established by the American Cancer Society or the American College of Radiology or if a woman is believed to be at an increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing, or other indications as determined by a woman's physician or advanced practice registered nurse. Died. |
| West Virginia | 2013 State Bills West Virginia 2013 SB 452013 legislative sessionRecord details | Privacy | Died | The Division of Motor Vehicles or other state agency or department charged with motor vehicle registration or operation, the issuance or renewal of driver licenses or the issuance or renewal of any identification cards, must modify applications to include an exemption for a biometric and social security number religious exemption. Biometric data is defined to include DNA and RNA. Died. |
| Wisconsin | 2013 State Bills Wisconsin 2013 AB 2692013 legislative sessionRecord details | Employment Nondiscrimination | Died | Permits the Department of Workforce Development (DWD) or a person who has been discriminated against or subjected to unfair honesty or genetic testing to bring an action in circuit court to recover compensatory and punitive damages caused by the act of discrimination or unfair honesty or genetic testing after the completion of all administrative proceedings before DWD and the Labor and Industry Review Commission concerning the violation. Failed to pass pursuant to Senate Joint Resolution 1. |
| Wisconsin | 2013 State Bills Wisconsin 2013 SB 1432013 legislative sessionRecord details | Employment Nondiscrimination | Died | Permits the Department of Workforce Development (DWD) or a person who has been discriminated against or subjected to unfair honesty or genetic testing to bring an action in circuit court to recover compensatory and punitive damages caused by the act of discrimination or unfair honesty or genetic testing after the completion of all administrative proceedings before DWD and the Labor and Industry Review Commission concerning the violation. Failed to pass pursuant to Senate Joint Resolution 1. |
| California | 2014 State Bills California 2014 SB 12792014 legislative sessionRecord details | Health Insurance Coverage | Died | Requires a health care service plan contract or a health insurance policy that is issued, amended, or renewed on or after January 1, 2015, to provide coverage for genetic testing for Lynch syndrome. Died. |
| California | 2014 State Bills California 2014 Senate Bill 13042014 legislative sessionRecord details | Employment Nondiscrimination | Enacted | A health benefit plan offered to a small employer, as defined in Section 1304(b) of PPACA and in Section 10753, may not establish rules for eligibility, including continued eligibility, of an individual, or dependent of an individual, to enroll under the terms of the plan based on health status-related factors, including genetic information. Approved by the Governor June 28, 2014. |
| Georgia | 2014 State Bills Georgia 2014 SB 1672014 legislative sessionRecord details | Privacy, Use of Residual Newborn Screening Specimens | Died | Prohibits the collection of student or family information by any state agency, local school system or educational institution, including biometric data (defined to include DNA sequence and newborn screening information), except as may be necessary to facilitate the instruction of special needs students or students participating in school physical education and athletic programs. Died. |
| Hawaii | 2014 State Bills Hawaii 2014 HB 19442014 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Privacy | Died | The bill requires contractors and prospective contractors with the state or counties to comply with the Genetic Information Nondiscrimination Act of 2008. Died. |
| Hawaii | 2014 State Bills Hawaii 2014 HB 25322014 legislative sessionRecord details | Privacy, Research | Died | The bill establishes requirements for the privacy of protected health information, including genetic information. Entities addressed in the bill include health care providers, health care data organizations, health plans, health oversight agencies, public health authorities, employers, insurers, health researchers, or edu�ational institutions. Died. |
| Hawaii | 2014 State Bills Hawaii 2014 SB 29172014 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Privacy | Died | The bill requires contractors and prospective contractors with the state or counties to comply with the Genetic Information Nondiscrimination Act of 2008. Died. |
| Idaho | 2014 State Bills Idaho 2014 HB 5112014 legislative sessionRecord details | Privacy | Died | Regulates the collection, possession and disclosure of biometric identifiers, defined to include human DNA, by private entities. Died. |
| Idaho | 2014 State Bills Idaho 2014 SB 12732014 legislative sessionRecord details | Other Topics | Died | If a firefighter is diagnosed with breast cancer within 5 years of employment if diagnosed before the age of 40 and if the cancer was not revealed during an initial employment medical screening examination or during any subsequent medical review, the disease shall be rebuttably presumed to be proximately caused by the firefighter's employment as a firefighter, regardless of whether or not the firefighter has a genetic predisposition to breast cancer. Died. |
| Idaho | 2014 State Bills Idaho 2014 SB 13852014 legislative sessionRecord details | Privacy | Died | Unless explicitly mandated by federal statute, a state agency, district or education institution must obtain written consent from parents or eligible students before collecting biometric records, defined to include a DNA sequence. Died. |
| Illinois | 2014 State Bills Illinois 2014 HB 59252014 legislative sessionRecord details | Privacy | Enacted | Amends the Genetic Information privacy Act to add a provision related to electronic health records. The bill states that the disclosure of genetic information, when allowed, must be performed in accordance with the minimum necessary standard when required under HIPAA. Approved by the Governor August 25, 2014. |
| Illinois | 2014 State Bills Illinois 2014 HB 59982014 legislative sessionRecord details | Privacy | Died | Amends the Genetic Information privacy Act. Makes a technical change in a section concerning the short title. Died. |
| Kansas | 2014 State Bills Kansas 2014 HB 26212014 legislative sessionRecord details | Privacy | Died | The state board, the department of education, a unified school district or local education agency may not provide any personally identifiable information of any student or teacher, including a DNA sequence, to any federal agency, any Kansas state or local agency, state or local agency outside the state of Kansas, or any other organization or entity unless under specified circumstances. Died. |
| Kansas | 2014 State Bills Kansas 2014 SB 3672014 legislative sessionRecord details | Privacy | Enacted | Prohibits school districts from collecting biometric data from a student, including a DNA sequence, unless the student, if an adult, or the parent or legal guardian of the student, if a minor, consents in writing. Approved by Governor on Wednesday, May 14, 2014. |
| Kentucky | 2014 State Bills Kentucky 2014 HB 1902014 legislative sessionRecord details | Health Insurance Coverage | Died | Establishes mandated coverage requirements of genetic testing for mutations of the BRCA1 or BRCA2 genes for insured who are at risk of breast cancer or ovarian cancer or who have been diagnosed with breast or ovarian cancer under the age of forty. Died. |
| Kentucky | 2014 State Bills Kentucky 2014 HB 52014 legislative sessionRecord details | Privacy | Enacted | The bills governs the use of personal information by state institutions. The definition of personal information includes a biometric or genetic print. Signed by the Governor on April 10, 2014. |
| Louisiana | 2014 State Bills Louisiana 2014 HB 7442014 legislative sessionRecord details | Employment Nondiscrimination | Died | Retains present law and extends the definition of "discriminatory practice in connection with employment" to include all of the discrimination statutes in present law, which would add veterans, pregnancy, childbirth, and related medical conditions, sickle cell trait, and genetic information. Died. |
| Louisiana | 2014 State Bills Louisiana 2014 SB 4122014 legislative sessionRecord details | Employment Nondiscrimination | Enacted | Retains present law and extends the definition of "discriminatory practice in connection with employment" to include all of the discrimination statutes, which would add veterans, pregnancy, childbirth, and related medical conditions, sickle cell traits, and genetic information. Signed by the Governor on June 19, 2014. |
| Maryland | 2014 State Bills Maryland 2014 HB 11202014 legislative sessionRecord details | Other Topics, Privacy | Died | Requires the Motor Vehicle Administration to offer to an applicant for a driver's license, identification card, or moped operator's permit the opportunity to upgrade to an enhanced identification document. The enhanced ID will be embedded with memory and a microprocessor chip that stores biometric identifiers, which may include DNA. Died. |
| Maryland | 2014 State Bills Maryland 2014 HB 8512014 legislative sessionRecord details | Other Topics, Privacy | Died | Permits a health insurance carrier to make available upon request an upgrade to a biometric health care identification card that can securely validate one's identity and access his or her medical history. Biometric identification is defined to include DNA. Died. |
| Maryland | 2014 State Bills Maryland 2014 HB 9062014 legislative sessionRecord details | Other Topics | Died | Authorizes a person to advertise for, solicit business in the State for, offer, or perform direct to consumer genetic testing only if certain conditions are met. Died. |
| Maryland | 2014 State Bills Maryland 2014 SB 2272014 legislative sessionRecord details | Other Topics | Died | Repeals a prohibition on advertising for or soliciting business related to direct to consumer genetic testing in the State. Died. |
| Maryland | 2014 State Bills Maryland 2014 SB 3872014 legislative sessionRecord details | Privacy | Died | Allows the Motor Vehicle Administration to offer enhanced identification. An individual who applies for enhanced identification may be asked to provide biometric identification, which is defined to include DNA. Died. |
| Maryland | 2014 State Bills Maryland 2014 SB 962014 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Amends existing law pertaining to carriers, defined as insurers, nonprofit health service plans and health maintenance organizations, that offer wellness programs. Health factors are defined to include genetic information. Carriers may seek verification from health care providers that a health factor makes it unreasonably difficult or medically inadvisable for an individual to satisfy or attempt to satisfy an otherwise applicable standard to qualify for a reward of the wellness program. Approved by the Governor April 8, 2014. |
| Massachusetts | 2014 State Bills Massachusetts 2014 S.22942014 legislative sessionRecord details | Research | Died | This bill states that any public health surveillance activity which is also research is subject to the requirements for research using human subjects. Died. |
| Minnesota | 2014 State Bills Minnesota 2014 HF 24022014 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Died | The original version of this bill amended the newborn screening law pertaining to storage of blood samples. All language was subsequently deleted pertaining to the newborn screening program. |
| Minnesota | 2014 State Bills Minnesota 2014 HF 2526/SF 20472014 legislative sessionRecord details | Research, Use of Residual Newborn Screening Specimens | Died | The bill provides options to parents regarding blood samples collected for the purpose of newborn screening, including the right to authorize in writing that the blood sample and test results may be used for public health studies or research. Died. |
| Mississippi | 2014 State Bills Mississippi 2014 HB 1722014 legislative sessionRecord details | Employment Nondiscrimination | Died | Makes it unlawful for any employer or insurer to use the results of DNA testing against a patient or against the patient's consanguineous family members for any discriminatory purpose. Any employer who violates this section shall, upon conviction, be fined up to $5,000.00 or imprisoned for not more than one year, or both. Died in Committee on February 4, 2014. |
| Missouri | 2014 State Bills Missouri 2014 HB 18732014 legislative sessionRecord details | Privacy | Died | This bill requires a state agency or education institution to obtain written consent from parents or eligible students before collecting any certain data points, including a biometric record (defined to include DNA). Died. |
| Missouri | 2014 State Bills Missouri 2014 SB 8192014 legislative sessionRecord details | Privacy | Died | This bill requires a state agency or education institution to obtain written consent from parents or eligible students before collecting any certain data points, including a biometric record (defined to include DNA). Died. |
| New Hampshire | 2014 State Bills New Hampshire 2014 HB 12622014 legislative sessionRecord details | Privacy | Died | This bill restricts the collection, storage, and sharing of student assessment data by the United States Department of Education and the New Hampshire department of education. Student assessment data includes biometric information, which is defined to include DNA. As of October 30, 2014, Interim Study Report: Not Recommended for Legislation in 2014 (Vote 15-0). |
| New Hampshire | 2014 State Bills New Hampshire 2014 HB 14842014 legislative sessionRecord details | Privacy | Enacted | No whole-genome DNA sequencing shall be performed pursuant to this chapter unless the general court authorizes such sequencing by statute. Signed by the Governor on 5/27/2014; Chapter 0063; Effective 1/01/2015. |
| New Hampshire | 2014 State Bills New Hampshire 2014 HB 15862014 legislative sessionRecord details | Privacy | Died | This bill establishes procedures for protecting the privacy of student and teacher personally-identifiable data, including DNA. As of October 30, 2014, Interim Study Report: Recommended for Legislation in 2014 (Vote 15-0). |
| New Jersey | 2014 State Bills New Jersey 2014 A 1912014 legislative sessionRecord details | Privacy | Died | Prohibits governmental collection of biometric identifiers without consent, including DNA. Died. |
| New York | 2014 State Bills New York 2014 A84722014 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health insurance policies to cover comprehensive genetic screening for breast, ovarian, prostate, colon and lung cancers, if recommended by a board-certified geneticist or board-certified genetic counselor. Died. |
| Oklahoma | 2014 State Bills Oklahoma 2014 SB 20702014 legislative sessionRecord details | Privacy | Died | This bill prohibits collection or retention of biometric data in connection with motor vehicle registration or operation, the issuance or renewal of driver licenses or the issuance or renewal of any identification cards by any department or agency of this state charged with those activities. Died. |
| West Virginia | 2014 State Bills West Virginia 2014 HB 31212014 legislative sessionRecord details | Privacy | Died | Provides that all parental rights are reserved to a parent of a minor child without obstruction or interference from this state, a political subdivision of this state, other governmental entity or other institution including, but not limited to, the right to consent before DNA is created, stored or shared. Died. |
| West Virginia | 2014 State Bills West Virginia 2014 SB 4202014 legislative sessionRecord details | Privacy | Died | Creates a Longitudinal Data System, which links child care, student and workforce unit record data, and governing board of the system. The governing board must prohibit the collection of confidential information, which includes genetic information. Died. |
| Alabama | 2015 State Bills Alabama 2015 HB 5642015 legislative sessionRecord details | Privacy | Died | Prohibits state agencies, district boards of education, or pre K-12 educational institutions from administering any student survey, assessment, analysis, evaluation, or similar instrument that solicits information about the student or the student's family concerning biometric records, which is defined to include DNA sequences. Died. |
| Arkansas | 2015 State Bills Arkansas 2015 HB 18272015 legislative sessionRecord details | Privacy | Died | Enacts the Parents' Bill of Rights. A parent must consent in writing before a biometric scan of a minor child or a record of a minor child's blood or DNA is created, shared, or stored. April 2, 2015 Recommended for study in the Interim by Joint Interim Committee on JUDICIARY COMMITTEE- HOUSE |
| California | 2015 State Bills California 2015 AB 1702015 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Died | States that a newborn sample may not be used for medical research if a parent or guardian of the newborn child objects to the testing program. The bill would require the department to provide information about the testing program, and to obtain a form signed by the parent or guardian acknowledging receiving information regarding the storage, retention, and use of the newborn child�s blood sample for medical research. Died. |
| Colorado | 2015 State Bills Colorado 2015 HB 11992015 legislative sessionRecord details | Privacy | Died | This bill requires a state agency or educational institution to obtain consent from parents or eligible students prior to collecting certain data, including biometric records. Biometric records are defined to include DNA. Died. |
| Colorado | 2015 State Bills Colorado 2015 SB 772015 legislative sessionRecord details | Privacy, Research | Died | Establishes a parental bill of rights. Requirements include parental consent in writing before any record of a minor child's blood or DNA is made, shared, or stored, unless such blood or DNA is otherwise required by law or court order. Died. |
| Connecticut | 2015 State Bills Connecticut 2015 HB 58322015 legislative sessionRecord details | Health Insurance Coverage | Died | Adds tomosynthesis to health_insurance_coverage requirements if a woman is believed to be at increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing or other indications as determined by a woman's physician or advanced practice registered nurse. Died. |
| Delaware | 2015 State Bills Delaware 2015 SB 1512015 legislative sessionRecord details | Privacy | Enacted | This bill addresses informed consent for disclosing genetic information by adding those individuals authorized to access EMR and DHIN. Signed by the Governor on 7/27/2015. |
| Delaware | 2015 State Bills Delaware 2015 SB 582015 legislative sessionRecord details | Research, Use of Residual Newborn Screening Specimens | Enacted | Prohibits utilizing newborn screening stored blood specimens or stored data without parental consent, except for population based studies in which all identifying information is removed. Blood spots may be used within the Division of Public Health for quality assurance or performance improvement activities, including pilot studies when a new disorder is being considered for addition to the panel, or may be used by Division of Public Health for any other purpose authorized by law. Jul 15, 2015 - Signed by Governor. |
| Delaware | 2015 State Bills Delaware 2015 SB 682015 legislative sessionRecord details | Privacy | Died | Restricts the use of a child's personally identifiable information, including DNA and other genetic material, by the operator of an internet service. Substitute bill passed by House and Senate, but substitute bill does not include language regarding DNA and genetic information. Substituted bill was signed by the Governor. |
| Delaware | 2015 State Bills Delaware 2015 SB 792015 legislative sessionRecord details | Privacy | Died | Requires the Department of Education to promulgate rules and regulations relating to the privacy and protection of student data, including DNA or other genetic material. Senate Substitute Version passed in House and Senate -- DNA or other genetic information is replaced by biometric information. The term biometric information is not defined. Substituted bill was signed by the Governor. |
| Florida | 2015 State Bills Florida 2015 HB 12772015 legislative sessionRecord details | Other Topics | Died | The bill establishes the Florida Priority Care Project. The project aims to place a higher public priority on targeting the needs of adults who have a serious mental illness and who have a history that indicates a high probability that they could pose a threat to public safety. Requirements for the project include the use of genetic testing to help establish the correct medication regimes to be used to manage and treat a client's symptoms. Died. |
| Georgia | 2015 State Bills Georgia 2015 SB 1572015 legislative sessionRecord details | Privacy | Died | Except as required by the federal Individuals with Disabilities Education Act, specified information, including DNA, may not be collected, entered into any student data base, or maintained as education records by a state agency, local board of education, or school. Died. |
| Illinois | 2015 State Bills Illinois 2015 HB 15362015 legislative sessionRecord details | Privacy | Died | Amends the School Code to add provisions concerning student and educator data privacy. Protections cover biometric records, defined to include DNA. Died. |
| Illinois | 2015 State Bills Illinois 2015 HB 8102015 legislative sessionRecord details | Privacy | Died | Amends the School Code to add provisions concerning student and educator data privacy. Protections cover biometric records, defined to include DNA. Died. |
| Illinois | 2015 State Bills Illinois 2015 HB 8872015 legislative sessionRecord details | Privacy | Died | Requires health insurance providers to protect health information related to sensitive services. A 2016 House Amendment would define sensitive services to include genetic testing. Died. |
| Illinois | 2015 State Bills Illinois 2015 SB 542015 legislative sessionRecord details | Health Insurance Coverage | Enacted | Adds tomosynthesis to health_insurance_coverage requirements for women at increased risk of breast cancer because of positive genetic testing. 8/19/2015 Signed By the Governor. |
| Indiana | 2015 State Bills Indiana 2015 SB 3232015 legislative sessionRecord details | Research, Use of Residual Newborn Screening Specimens | Died | Amends the state's newborn screening statute. The bill requires consent to release newborn's residual blood specimen for epidemiological survey and research. Died. |
| Maine | 2015 State Bills Maine 2015 LD 12512015 legislative sessionRecord details | Privacy | Died | Prohibits the collection, entry into an education database or maintenance of DNA by as education records by the department of education or school administrative unit. Died. |
| Maryland | 2015 State Bills Maryland 2015 HB 5522015 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | For a stop-loss insurance policy or contract issues to a small employer, a medical stop-loss insurer may not increase cost-sharing or decrease coverage for a specific individual within the plan or exclude any employee or dependent base on an actual or expected health-status related factor, including genetic information. Died. |
| Maryland | 2015 State Bills Maryland 2015 SB 5482015 legislative sessionRecord details | Privacy | Died | This bill amends the Personal Information Protection Act, which governs the use of personal information contained in the records of certain businesses. The definition of personal information is amended to include an individual's unique biometric or genetic print. In the Senate. Died. |
| Maryland | 2015 State Bills Maryland 2015 SB 7032015 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | For a stop-loss insurance policy or contract issues to a small employer, a medical stop-loss insurer may not increase cost-sharing or decrease coverage for a specific individual within the plan or exclude any employee or dependent base on an actual or expected health-status related factor, including genetic information. Died. |
| Massachusetts | 2015 State Bills Massachusetts 2015 H.19002015 legislative sessionRecord details | Privacy | Died | Ensures patient privacy and control in health information exchanges by protecting health care information, including genetic information. 5/5/2016 Accompanied a study order, see H4242. |
| Massachusetts | 2015 State Bills Massachusetts 2015 H.2252015 legislative sessionRecord details | Privacy | Died | The bill amends statute sections pertaining to the department of consumer affairs and business regulations relative to any person that owns or licenses personal information about a resident of the commonwealth. Changes add biometric information, including genetic information, to the types of personal information protected under the law. Died. |
| Massachusetts | 2015 State Bills Massachusetts 2015 H.9382015 legislative sessionRecord details | Health Insurance Coverage | Died | Requires insurance coverage for magnetic resonance imaging for certain persons for the detection of breast cancer, including women who have tested positive for Breast Cancer Gene 1 or Breast Cancer Gene 2 mutations or one or more first degree relatives test positive for Breast Cancer Gene 1 or Breast Cancer Gene 2 mutations. 3/28/2016 Accompanied a study order, see H4111. |
| Massachusetts | 2015 State Bills Massachusetts 2015 S.1242015 legislative sessionRecord details | Privacy | Died | The bill amends statute sections pertaining to the department of consumer affairs and business regulations relative to any person that owns or licenses personal information about a resident of the commonwealth. Changes add biometric information, including genetic information, to the types of personal information protected under the law. Died. |
| Michigan | 2015 State Bills Michigan 2015 HB 49352015 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Amends the state law pertaining to genetic_discrimination in health insurance. The bill removes the provision in the statutes that states, "This section does not prohibit an insurer of expense-incurred hospital, medical, or surgical policy or certificate to answer questions concerning family history." 7/13/2016 Approved by the Governor. |
| Missouri | 2015 State Bills Missouri 2015 HB 12402015 legislative sessionRecord details | Privacy | Died | Protects the privacy of student data, which encompasses biometric records. Biometric records is defined to include DNA. Died. |
| Missouri | 2015 State Bills Missouri 2015 SB 5302015 legislative sessionRecord details | Privacy | Died | Protects the privacy of student data, which encompasses biometric records. Biometric records is defined to include DNA. Died. |
| Montana | 2015 State Bills Montana 2015 HB 452015 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | Amends existing genetic information and insurance law by removing the exclusion of life, disability and long-term care insurance. Died. |
| Montana | 2015 State Bills Montana 2015 HB 5012015 legislative sessionRecord details | Privacy | Died | This bill requires parental consent or consent from a student 18 years or older prior to collecting or recording biometric data, which is defined to include a DNA sequence. Died. |
| New Mexico | 2015 State Bills New Mexico 2015 HB 3692015 legislative sessionRecord details | Privacy | Enacted | This bill amends the Genetic Information privacy Act by adding an exemption for clinical laboratories with regard to consent requirements. A laboratory conducting an analysis or test of a specific individual per a written order from a health care practitioner or the health care practitioner's agent, including by electronic transmission, may obtain, retain, transmit, or use an individual's DNA, genetic information, or test results without the individual's written and informed consent. Signed by the Governor 4/10/2015. |
| New York | 2015 State Bills New York 2015 A12192015 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Topics, Other Lines of Insurance Nondiscrimination, Privacy | Died | Establishes a genetics advisory council and requires the council to report to the Governor on several topics, including (1) creating an environment in which there is equitable access to the benefits of genetic tests to all citizens regardless of race, ethnicity or economic status; and (2) the use of any genetic test by insurers, employers or educational institutions, including the potential for compromising the individual liberties and civil rights of individuals or causing individuals to suffer unfair discrimination. Died. |
| New York | 2015 State Bills New York 2015 A2912015 legislative sessionRecord details | Health Insurance Coverage | Died | This bill requires health insurance policies to cover comprehensive genetic screening for breast, ovarian, prostate, colon and lung cancers. Died. |
| New York | 2015 State Bills New York 2015 A2992015 legislative sessionRecord details | Health Insurance Coverage | Died | The bill requires every policy of hospital, surgical or medical care or policies that provide reimbursement for laboratory tests or diagnostic X-rays must provide coverage for testing of familial dysautonomia, Canavan's disease and Tay-Sachs. Died. |
| New York | 2015 State Bills New York 2015 A3122015 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Died | Requires parental consent for newborn DNA storage. The bill states that no test, DNA, blood spot, or other genetic information may be retained with an infant's identifying information other than for the purpose of newborn screening without parental consent. Died. |
| New York | 2015 State Bills New York 2015 A3182015 legislative sessionRecord details | Health Insurance Coverage | Died | The bill requires accident and health insurance policies to cover the cost of genetic testing for people with a family history of cancer when the attending physician determines the person has a significant risk of cancer. Died. |
| New York | 2015 State Bills New York 2015 A3232015 legislative sessionRecord details | Health Insurance Coverage | Died | Requires policies that provide coverage for hospital, surgical or medical to cover screening for ovarian cancer, including genetic testing. Additional coverage is required if genetic testing is positive. Died. |
| New York | 2015 State Bills New York 2015 A39212015 legislative sessionRecord details | Research | Died | This bill regulates the use of human subjects for medical research and experimentation, including subjects with mental disorders and children. Provisions include that no greater than minimal risk non-therapeutic human research may be conducted on a child without consent of a parent or guardian. Died. |
| North Dakota | 2015 State Bills North Dakota 2015 SB 23342015 legislative sessionRecord details | Privacy, Research | Enacted | This bill amends provisions in the state newborn screening law pertaining to the use of residual dried blood spots for research. The bill states that a person conducting research on blood spots, other specimens, or registry data that is maintained by the health department must follow IRB processes for human research, which must include obtaining parent or guardian authorization. 4/16/2015 Signed by the Governor. |
| Ohio | 2015 State Bills Ohio 2015 HB 642015 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Amends existing health_insurance_nondiscrimination law. The bill adds that accident and sickness insurers and public employee health benefit plans may not use information from genetic screening or testing to set premiums for, a policy or plan. Effective 6/30/2015. |
| Oklahoma | 2015 State Bills Oklahoma 2015 HB 17422015 legislative sessionRecord details | Other Topics | Died | The Office of Management and Enterprise Services must contract with a vendor to conduct a pilot project to determine incentives to both health care providers and patients for each care encounter in which the provider and patient incorporate genetic testing for ability to metabolize prescription drugs, drug testing of persons prescribed narcotics and other proven medical interventions made available and recorded through the program in the rendering and utilization of health care. Died. |
| South Dakota | 2015 State Bills South Dakota 2015 SB 1872015 legislative sessionRecord details | Privacy | Died | This bill establishes certain rights of parents regarding the upbringing, education, health care, and mental health care of their children and provides certain penalties for the violation of those rights. Rights set forth include the right to consent in writing before any record of a minor child's blood or deoxyribonucleic acid is created, stored, or shared. Died. |
| Texas | 2015 State Bills Texas 2015 HB 12202015 legislative sessionRecord details | Privacy | Died | This bill establishes a personal property right to DNA samples. A person may not, without the informed, written consent of the individual or the individual's legal guardian or authorized representative: (1) collect a DNA sample from an individual; (2) perform a genetic test on an individual's DNA sample; or (3) retain an individual's DNA sample, with certain exceptions. Died. |
| Texas | 2015 State Bills Texas 2015 HB 19832015 legislative sessionRecord details | Privacy | Died | Prohibits a governmental body from capturing or possessing a biometric identified, defined to include DNA, unless it has specific, explicit statutory or has the written consent of the individual or the individual's legal guardian. Died. |
| Texas | 2015 State Bills Texas 2015 HB 35822015 legislative sessionRecord details | Privacy | Died | Creates a personal property right in a sample of genetic material and in the genetic information obtained as a result of a genetic test performed on an individual's sample. Died. |
| Texas | 2015 State Bills Texas 2015 SB 4752015 legislative sessionRecord details | Privacy | Died | Establishes a personal property right to DNA samples. A person may not, without the informed, written consent of the individual or the individual's legal guardian or authorized representative: (1) collect a DNA sample from an individual; (2) perform a genetic test on an individual's DNA sample; or (3) retain an individual's DNA sample, with certain exceptions. Died. |
| Texas | 2015 State Bills Texas 2015 SB 6282015 legislative sessionRecord details | Privacy | Died | Prohibits a governmental body from capturing or possessing a biometric identified, defined to include DNA, unless it has specific, explicit statutory or has the written consent of the individual or the individual's legal guardian. Died. |
| Virginia | 2015 State Bills Virginia 2015 HB 16692015 legislative sessionRecord details | Privacy | Died | This bill regulates the collection and maintenance of personally identifiable information, including DNA, by education agencies. Died. |
| Washington | 2015 State Bills Washington 2015 HB 10942015 legislative sessionRecord details | Privacy | Died | Establishes protections for the use of biometric identifiers of an individual for commercial purposes. Biometric identifier is defined to include DNA. Died. |
| Washington | 2015 State Bills Washington 2015 SB 53162015 legislative sessionRecord details | Privacy | Died | Establishes protections for student biometric information, including a DNA sequence. Died. |
| West Virginia | 2015 State Bills West Virginia 2015 HB 22582015 legislative sessionRecord details | Privacy | Died | Establishes a parental bill of rights. Requirements include parental consent in writing before any record of a minor child's blood or DNA is made, shared, or stored, unless such blood or DNA is otherwise required by law or court order. Died. |
| Wisconsin | 2015 State Bills Wisconsin 2015 SB 1452015 legislative sessionRecord details | Employment Nondiscrimination | Died | Authorizes the circuit court to order a person who engages in discrimination in employment, unfair honesty testing, or unfair genetic testing to pay compensatory and punitive damages. 4/13/2016 Failed to pass pursuant to Senate Joint Resolution 1. |
| Alabama | 2016 State Bills Alabama 2016 HB 2672016 legislative sessionRecord details | Privacy | Died | Prohibits state agencies, local education agencies, or local education institutions from administering any student survey, assessment, analysis, evaluation, or similar instrument that solicits certain information about the student or the family of the student, including biometric records. Biometric records are defined to include a DNA sequence. Died. |
| Alabama | 2016 State Bills Alabama 2016 SB 3182016 legislative sessionRecord details | Privacy | Died | Prohibits state agencies, local education agencies, or local education institutions from administering any student survey, assessment, analysis, evaluation, or similar instrument that solicits certain information about the student or the family of the student, including biometric records. Biometric records are defined to include a DNA sequence. Died. |
| Alaska | 2016 State Bills Alaska 2016 HB 3692016 legislative sessionRecord details | Privacy | Died | Excludes DNA samples collected in the course of the person's business of determining genetic genealogy from the state genetic privacy law. Died. |
| Alaska | 2016 State Bills Alaska 2016 SB 1822016 legislative sessionRecord details | Privacy | Died | Excludes DNA samples collected in the course of the person's business of determining genetic genealogy from the state genetic privacy law. Died. |
| Arizona | 2016 State Bills Arizona 2016 HB 21442016 legislative sessionRecord details | Privacy | Enacted | This bill amends state law pertaining to genetic testing. New provisions include that a person may not order a genetic test without the informed consent of the person being tested. Signed by the Governor on 3/17/2016. Effective August 6, 2016. |
| Arizona | 2016 State Bills Arizona 2016 SB 13662016 legislative sessionRecord details | Other Topics | Died | Amends statute pertaining to laboratory testing without a healthcare provider's order. Defines laboratory testing to include pharmacogenetic testing. Died. |
| California | 2016 State Bills California 2016 SB 14422016 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination | Enacted | Amends state law prohibiting denial of full and equal access to benefits or discrimination in any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state based on genetic information and other characteristics. The bill would remove the authority of those state agencies to promulgate regulations to prohibit discrimination and would require the investigation and enforcement of anti-discrimination provisions to be performed by to the Department of Fair Employment and Housing. Chaptered on 9/30/2016. However, the bill is effective on January 1, 2017 only if AB 2707, which pertains to racial profiling, is enacted. On 9/27/2016 the Governor vetoed AB 2707. |
| Colorado | 2016 State Bills Colorado 2016 HB 13812016 legislative sessionRecord details | Health Insurance Coverage | Died | Amends the health care coverage law for breast cancer screening by requiring coverage for a person with an increased lifetime risk of breast cancer determined by a risk factor model such as Tyrer-Cuzick, BRCAPro, or Gail. 05/02/2016 In Senate Committee on State, Veterans, & Military Affairs. Postponed Indefinitely. |
| Connecticut | 2016 State Bills Connecticut 2016 HB 52332016 legislative sessionRecord details | Health Insurance Coverage | Enacted | Adds tomosynthesis to health_insurance_coverage requirements if a woman is believed to be at increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing or other indications as determined by a woman's physician or advanced practice registered nurse. June 2, 2016 Approved. Effective January 1, 2017. |
| Idaho | 2016 State Bills Idaho 2016 HB 5542016 legislative sessionRecord details | Other Topics | Enacted | If a firefighter is diagnosed with breast cancer after a five years of employment, and the disease was not revealed during an initial employment medical screening examination, then the disease is presumed to be proximately caused by the firefighter's employment as a firefighter. The presumption applies to breast cancer diagnosed before the age of forty (40) years and when a breast cancer 1 or breast cancer 2 genetic predisposition is not present. Signed by Governor on March 30, 2016. Effective: 07/01/2016. |
| Louisiana | 2016 State Bills Louisiana 2016 HB 6132016 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Amends the genetic nondiscrimination in health insurance statute by establishing exemptions to the law. The bill provides that the requirements under existing law do not apply to genetic information obtained: (1) For treatment, payment, and healthcare operations by an insurer consistent with the federal Health Insurance Portability and Accountability Act (HIPAA) and its related regulations. (2) For maintenance of information by an insurer in accordance with record retention requirements. 5/10/2016 Signed by the Governor. Becomes Act No. 58. Effective 8/1/2016. |
| Maryland | 2016 State Bills Maryland 2016 HB 13922016 legislative sessionRecord details | Other Topics | Died | Authorizes a person to advertise for, solicit business in the State for, offer, or perform direct to consumer genetic testing, if certain conditions are met. Died. |
| Maryland | 2016 State Bills Maryland 2016 SB 1532016 legislative sessionRecord details | Privacy | Died | Requires the Motor Vehicle Administration to make available to an applicant for a driver's license, an identification card, or a moped operator's permit the opportunity to upgrade to an enhanced identification document. A person who applies for enhanced identification must provide a biometric identifier, which may include DNA. Died. |
| Michigan | 2016 State Bills Michigan 2016 HB 57692016 legislative sessionRecord details | Privacy | Died | Amends the state genetic privacy law. Changes in introduced version of bill only involve unsubstantial changes in wording of text. Died. |
| Mississippi | 2016 State Bills Mississippi 2016 HB 4492016 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Creates the small business health insurance pool. Health benefit plans covering small employers may not use genetic information to establish a pre-existing condition exclusion in the absence of a diagnosis of a condition related to the genetic information. 2/23/2016 (H) Died In Committee. |
| Mississippi | 2016 State Bills Mississippi 2016 HB 9852016 legislative sessionRecord details | Privacy | Died | Creates the parental authority act. Parental rights include the he right to be notified in advance and to refuse or to consent in writing before any record of the minor child's blood or deoxyribonucleic acid (DNA) is created, stored or shared, with some exceptions. 2/23/2016 (H) Died In Committee. |
| Mississippi | 2016 State Bills Mississippi 2016 SB 27752016 legislative sessionRecord details | Privacy | Died | Enacts the Parents Matter Act. Parental rights include the right to be notified in advance and to refuse or to consent in writing before any record of the minor child's blood or deoxyribonucleic acid (DNA) is created, stored or shared, with some exceptions. 2/23/2016 (S) Died In Committee. |
| Mississippi | 2016 State Bills Mississippi 2016 Senate Bill 25472016 legislative sessionRecord details | Privacy | Died | Allows parents to opt out of certain activities conducted by the public school districts, including the collection of biometric information. Biometric information is defined to include DNA. 2/23/2016 (S) Died In Committee. |
| Missouri | 2016 State Bills Missouri 2016 HB 18492016 legislative sessionRecord details | Privacy | Died | Prohibits school districts from collecting biometric information, including DNA sequences, on students without the express written consent of parents or legal guardians. Died. |
| Missouri | 2016 State Bills Missouri 2016 SB 9892016 legislative sessionRecord details | Privacy | Died | Requires state education agencies to obtain parental consent to collect biometric records from parents, K-12 students or through data sharing agreements with any other entity. Biometric records are defined to include DNA sequences. Died. |
| New Hampshire | 2016 State Bills New Hampshire 2016 HB 14932016 legislative sessionRecord details | Privacy | Died | Declares that an individual's genetic information and DNA sample are the property of the individual. Committee Report: Referred to Interim Study, 05/05/2016. |
| New Hampshire | 2016 State Bills New Hampshire 2016 HB 14942016 legislative sessionRecord details | Privacy | Died | Provides that an individual has an expectation of privacy in personal information, including DNA/RNA and other identifying information unique to the individual. Died. |
| Utah | 2016 State Bills Utah 2016 HB 3582016 legislative sessionRecord details | Privacy | Enacted | Governs the use of biometric identifiers, including human biological samples used for valid scientific testing or screening, by educational entities. Signed by the Governor on 3/23/2016. |
| West Virginia | 2016 State Bills West Virginia 2016 HB 42612016 legislative sessionRecord details | Privacy | Enacted | Prohibits the West Virginia Department of Education from transferring confidential student information, including genetic information, to any federal, state or local agency or other person or entity with some specified exceptions. Signed by the Governor 3/25/2016. Effective 90 days from passage. |
| Wisconsin | 2016 State Bills Wisconsin 2016 AB 5702016 legislative sessionRecord details | Employment Nondiscrimination | Died | Authorizes the circuit court to order a person who engages in discrimination in employment, unfair honesty testing, or unfair genetic testing to pay compensatory and punitive damage. 4/13/2016 Failed to pass pursuant to Senate Joint Resolution 1. |
| Arizona | 2017 State Bills Arizona 2017 SB 13732017 legislative sessionRecord details | Privacy | Died | Prohibits schools and school service providers from collecting or possessing biometric information of elementary or secondary school students unless the school service provider: (1) develops a written policy for the collection, retention, disclosure and destruction of biometric information; and (2) obtains a written release to collect biometric information. Sets forth protections for biometric information, if collected. Biometric information is defined as information derived from any biometric identifier used to identify an individual. Died. |
| Arkansas | 2017 State Bills Arkansas 2017 HB 20222017 legislative sessionRecord details | Health Insurance Coverage | Enacted | Accident and health insurance companies, hospital service corporations, health maintenance organizations, or other accident and health insurance providers must offer coverage, as an essential health benefit, for mammogram screening, mammography and breast ultrasound for the diagnosis of breast disease. Coverage is required upon the recommendation of a physician without regard to age when a woman has (1) a prior history of breast cancer, (2) her mother or sister has a history of breast cancer, (3) positive genetic testing, or (4) other risk factors. 3/29/2017 Enacted. |
| California | 2017 State Bills California 2017 AB 13862017 legislative sessionRecord details | Other Topics | Enacted | Requires the State Department of Health Care Services to provide individuals diagnosed with breast cancer information relating to breast cancer susceptibility gene (BRCA) mutations. The goal is to help achieve increased genetic counseling and screening rates of individuals for whom BRCA test results can inform treatment decisions. 10/12/2017 Chaptered by Secretary of State - Chapter 693, Statutes of 2017. |
| California | 2017 State Bills California 2017 AB 3752017 legislative sessionRecord details | Privacy | Enacted | Grants consumers the right to request a business to disclose the categories and specific pieces of personal information that it collects about the consumer; the categories of sources from which that information is collected; the business purposes for collecting or selling the information; and the categories of 3rd parties with which the information is shared. Biometric information, which is defined to include DNA, is considered personal information. Note: AB 375 was amended in June of 2018. Earlier versions of the bill do not address biometric information, including DNA. June 28, 2018 Signed by the Governor. |
| California | 2017 State Bills California 2017 AB 7282017 legislative sessionRecord details | Health Insurance Coverage | Died | Prohibits a health care service plan contract or a health insurance policy that covers prescription drug benefits from denying or otherwise limiting coverage of a genetically targeted drug for the treatment of Duchenne muscular dystrophy under specified circumstances. Died. |
| California | 2017 State Bills California 2017 SB 5622017 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Creates the Healthy California Board, which is responsible for the establishment of the Healthy California program to provide comprehensive universal single-payer health care coverage and a health care cost control system for the benefit of all residents of the state. Consistent with the Unruh Civil Rights Act, the Board must promote nondiscrimination with respect to members and health care providers on the basis of genetic information and other characteristics. Died. |
| Colorado | 2017 State Bills Colorado 2017 HB 11152017 legislative sessionRecord details | Other Topics | Enacted | Prohibits direct primary health care providers from discriminating in the selection of patients on the basis of genetic information and other protected classes. 4/24/2017 Signed Act. |
| Connecticut | 2017 State Bills Connecticut 2017 HB 72222017 legislative sessionRecord details | Research, Use of Residual Newborn Screening Specimens | Enacted | Requires that all research proposed to be conducted using personally identifiable information in the newborn screening system or requiring contact with affected individuals shall be reviewed and approved in advance by the health commissioner. 6/23/2017 Signed by the Governor. Effective 10/1/2017. |
| Connecticut | 2017 State Bills Connecticut 2017 SB 3812017 legislative sessionRecord details | Other Topics | Died | Requires a study of the link between the abnormal genes associated with breast and ovarian cancers and the nerve death associated with Alzheimer's disease to improve diagnosis, risk assessment and treatment of disease. Died. |
| Connecticut | 2017 State Bills Connecticut 2017 SB 5862017 legislative sessionRecord details | Health Insurance Coverage | Died | Requires individual and group health insurers to provide coverage for breast cancer chemoprevention counseling, risk assessment, genetic testing and counseling for any woman who is at increased risk for breast cancer due to family history, prior personal history of breast cancer, positive genetic testing or other indications as determined by a health care provider. Died. |
| Connecticut | 2017 State Bills Connecticut 2017 SB 9682017 legislative sessionRecord details | Other Topics | Enacted | Creates a health data collaborative working group to examine and make recommendations regarding (1) precision medicine and personalized health; (2) economic growth initiatives for businesses working in certain scientific areas; (3) health data access, privacy and security initiatives; and (4) platforms for collecting health data in order to understand the interplay between genetic, behavioral and environmental factors in the incidence of disease or illness. 6/30/2017 Signed by the Governor. Effective immediately. |
| Delaware | 2017 State Bills Delaware 2017 HS 1 for HB 1802017 legislative sessionRecord details | Privacy | Enacted | Establishes protections for personal information, including a deoxyribonucleic profiles, owned, maintained, or licensed by businesses in the state. Businesses must implement and maintain reasonable procedures and practices to prevent the unauthorized access to or acquisition, use, modification, disclosure, or destruction of personal information collected or maintained in the regular course of business. 8/17/2017 Signed by the Governor. Effective 4/14/2018. |
| Hawaii | 2017 State Bills Hawaii 2017 HB 15732017 legislative sessionRecord details | Health Insurance Coverage | Died | Requires all individual accident and health or sickness insurance policies, all individual and group hospital and medical service corporation contracts, and all group or blanket disability policies that provide coverage for reproductive health to include certain services in reproductive health service coverage. The services listed include genetic screening and counseling related to BRCA1 and BRCA2 genetic mutations. Died. |
| Illinois | 2017 State Bills Illinois 2017 SB 3182017 legislative sessionRecord details | Employment Nondiscrimination, Privacy | Enacted | Amends the state genetic nondiscrimination law for employment. An employer may not penalize an employee who does not disclose his or her genetic information or does not choose to participate in a program requiring disclosure of the employee's genetic information. 8/25/2017 Approved by the Governor. Effective 1/1/2018. |
| Iowa | 2017 State Bills Iowa 2017 HF 312017 legislative sessionRecord details | Use of Residual Newborn Screening Specimens | Died | Requires the Center for Congenital and Inherited Disorders to adopt rules to prohibit the retention and ensure proper disposal of residual newborn screening specimens. The Center must incinerate any residual specimens being stored before the effective date of the bill. Died. |
| Kentucky | 2017 State Bills Kentucky 2017 HB 4832017 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Makes technical changes to state statutes that prohibit the use of pre-existing condition exclusions based on genetic information. Clarifies that the prohibition applies to all insurers that offer any health benefit plan coverage. Died. |
| Kentucky | 2017 State Bills Kentucky 2017 SB 592017 legislative sessionRecord details | Privacy | Died | Any agency that collects, maintains, or stores personal information that determines or is notified of a security breach relating to personal information collected, maintained, or stored by the agency or by a nonaffiliated third party on behalf of the agency must take specified actions. Personal information includes a genetic print or image. Agencies covered under the law include the executive branch of state government, local government and public educational institutions. Died. |
| Maine | 2017 State Bills Maine 2017 LD 12792017 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | In amended version, prohibits pre-existing condition exclusions in individual health plans but removes text referring to genetic information. Allows restricted enrollment in individual health plans during open enrollment periods and special enrollment periods in a manner consistent with federal law. Died. |
| Maine | 2017 State Bills Maine 2017 LD 13402017 legislative sessionRecord details | Employment Nondiscrimination, Other Topics, Privacy | Died | No member, officer, employee or agent of a municipal housing authority may knowingly divulge or disclose personnel information declared confidential with some specified exceptions. Personal information, including genetic information, is considered confidential. Died. |
| Maine | 2017 State Bills Maine 2017 LD 14522017 legislative sessionRecord details | Privacy | Died | The department of education, a school administrative unit or a state agency may not collect, store, transmit or process the certain information, including DNA, from a student without the written consent of a parent or guardian of a student or an eligible student unless otherwise required or authorized by statute or rule. Died. |
| Maine | 2017 State Bills Maine 2017 LD 1462017 legislative sessionRecord details | Privacy | Died | Clarifies that certain personal information of municipal employees is confidential and a record or portion of a record containing that information in the possession of a municipal government is not a public record. Personal information includes genetic information. Died. |
| Maine | 2017 State Bills Maine 2017 LD 14762017 legislative sessionRecord details | Health Insurance Coverage | Died | As introduced, a health plan must provide coverage for risk assessment for a BRCA gene mutation and genetic counseling or testing, if necessary. Died. |
| Maryland | 2017 State Bills Maryland 2017 HB 14892017 legislative sessionRecord details | Other Topics | Died | Removes the ban on directly or indirectly advertising for or soliciting business for any medical laboratory, regardless of location, from anyone except a physician, hospital, medical laboratory, clinic, clinical installation, or other medical care facility. Died. |
| Maryland | 2017 State Bills Maryland 2017 HB 4352017 legislative sessionRecord details | Privacy | Died | Requires certain state and local governmental units to secure by encryption personal information of an individual that the unit has collected as computerized data. Personal information includes a genetic print or image. Died. |
| Maryland | 2017 State Bills Maryland 2017 HB 8082017 legislative sessionRecord details | Research | Died | Requiring hospital administrators to provide patients with a specified patient's bill of rights. The bill of rights addresses patient participation in research. Died. |
| Maryland | 2017 State Bills Maryland 2017 HB 9742017 legislative sessionRecord details | Privacy | Enacted | Amends the Maryland Personal Information Protection Act. Requires a business to inform an employee or a former employee in the event of a breach of a security system that contains personal information, including a genetic print. A business subject to HIPAA is considered to be in compliance with the law. 5/4/2017 Approved by the Governor. Chapter 518. Effective January 1, 2018. |
| Maryland | 2017 State Bills Maryland 2017 SB 5252017 legislative sessionRecord details | Privacy | Died | Requires a business, when destroying an employee's or a former employee's records that contain personal information, including a genetic print, to take steps to protect against unauthorized access to or use of the information. States when a business that owns, licenses, or maintains computerized data containing personal information must investigate a security breach. Died. |
| Maryland | 2017 State Bills Maryland 2017 SB 6602017 legislative sessionRecord details | Research | Died | Requiring hospital administrators to provide patients with a specified patient's bill of rights. The bill of rights addresses patient participation in research. Died. |
| Massachusetts | 2017 State Bills Massachusetts 2017 H.19852017 legislative sessionRecord details | Privacy | Died | Adds biometric indicators to the state data security protection law. Biometric indicator is defined as any unique biological attribute or measurement that can be used to authenticate the identity of an individual, including but not limited to fingerprints, genetic information, iris or retina patterns, facial characteristics, or hand geometry. Died. |
| Massachusetts | 2017 State Bills Massachusetts 2017 H.21762017 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health_insurance_coverage of screening breast ultrasounds and breast MRI, in addition to mammograms, if the patient is at increased risk of cancer based on certain factors such as positive genetic testing. 7/18/2018 Accompanied a study order, see H4778. |
| Massachusetts | 2017 State Bills Massachusetts 2017 H.28142017 legislative sessionRecord details | Privacy | Died | Requires the department of consumer affairs and business to adopt regulations relative to any person that owns or licenses personal information about a resident of the commonwealth. Personal information includes biometric indicators (or any unique biological attribute or measurement that can be used to authenticate the identity of an individual, including but not limited to fingerprints, genetic information, iris or retina patterns, facial characteristics, or hand geometry). 6/27/2018 Accompanied a study order, see H4648. |
| Massachusetts | 2017 State Bills Massachusetts 2017 H.35752017 legislative sessionRecord details | Health Insurance Coverage | Died | The public employee retirement commission, individual and group accident and sickness insurers, individual or group hospital service plans, individual or group medical service agreements, and individual or group health maintenance contracts must cover colorectal cancer screening as determined medically necessary by a physician. Coverage requirements include KRAS, BRAF, and PIK3CA arrays. 7/18/2018 Accompanied a study order, see H4778. |
| Massachusetts | 2017 State Bills Massachusetts 2017 H.36442017 legislative sessionRecord details | Health Insurance Coverage, Other Topics | Died | Requires health_insurance_coverage for certain genetically targeted drugs for Duchenne muscular dystrophy. Died. |
| Massachusetts | 2017 State Bills Massachusetts 2017 H.39692017 legislative sessionRecord details | Health Insurance Coverage | Died | Requires coverage for the diagnosis of Alfi's Syndrome, including genetic testing. 7/18/2018 Accompanied a study order, see H4778. |
| Massachusetts | 2017 State Bills Massachusetts 2017 S.11202017 legislative sessionRecord details | Other Topics | Died | Prohibits local or state administrative, legislative or regulatory body or instrumentality from engaging in discriminatory land use practices based on a variety of factors, including genetic information. Died. |
| Massachusetts | 2017 State Bills Massachusetts 2017 S.5542017 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health_insurance_coverage of screening breast ultrasounds and breast MRI, in addition to mammograms, if the patient is at increased risk of cancer based on certain factors such as positive genetic testing. 4/30/2018 In Senate. Accompanied a study order, see S2496. |
| Massachusetts | 2017 State Bills Massachusetts 2017 S.812017 legislative sessionRecord details | Other Topics | Died | Prohibits local or state administrative, legislative or regulatory body or instrumentality from engaging in discriminatory land use practices based on a variety of factors, including genetic information. 4/11/2018 Accompanied a new draft, see H4397. |
| Massachusetts | 2017 State Bills Massachusetts 2017 S.952017 legislative sessionRecord details | Privacy | Died | Protects biometric information under the security breach law. Biometric information includes genetic information. Died. |
| Michigan | 2017 State Bills Michigan 2017 HB 45142017 legislative sessionRecord details | Employment Nondiscrimination | Died | Requires employers of 50 people or more to post a notice that it is illegal under federal law to pay employees different wages for the same work based on certain criteria, including genetic information. Died. |
| Michigan | 2017 State Bills Michigan 2017 SB 3222017 legislative sessionRecord details | Employment Nondiscrimination | Died | Requires employers of 50 people or more to post a notice that it is illegal under federal law to pay employees different wages for the same work based on certain criteria, including genetic information. Died. |
| Minnesota | 2017 State Bills Minnesota 2017 HF 402/SF 6132017 legislative sessionRecord details | Other Topics | Died | Establishes a genetic marker testing pilot program. The program is intended to refine the understanding of disease onset and progression, treatment response, and health outcomes through more precise measurement of genetic factors that contribute to health and disease. Died. |
| Minnesota | 2017 State Bills Minnesota 2017 HF 8872017 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | A managed care organization that contracts with the health commissioner cannot discriminate or use any policy that has the effect of discriminating against people on the basis of genetic information. Died. |
| Minnesota | 2017 State Bills Minnesota 2017 SF 7812017 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Establishes the MinnesotaCare program. A managed care organization that contracts with the Commissioner as part of the program may not discriminate or use any policy that has the effect of discriminating against people on the basis of genetic information. Died. |
| Mississippi | 2017 State Bills Mississippi 2017 HB 1752017 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Creates the small business health insurance pool. Health benefit plans covering small employers may not exclude genetic information as a preexisting condition in the absence of a diagnosis of the condition related to the genetic information. 1/31/2017 Died in Committee. |
| Mississippi | 2017 State Bills Mississippi 2017 SB 25812017 legislative sessionRecord details | Privacy | Died | Allows parents or legal guardians of students enrolled in public schools to opt-out of sharing their child's personal information with the federal government and other agencies and private contractors. Personal information includes a DNA sequence. 1/31/2017 Died in Committee. |
| Missouri | 2017 State Bills Missouri 2017 HB 2012017 legislative sessionRecord details | Privacy | Died | Prohibits school districts from collecting biometric information on any student without the express written consent of the student�s parent or legal guardian. Biometric information is defined to include a DNA sequence and newborn screening information. Died. |
| Montana | 2017 State Bills Montana 2017 HB 3562017 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Health insurance issuers offering individual health_insurance_coverage may not establish rules for eligibility, including continued eligibility, of any individual based on a health status-related factor, including genetic information, of the individual or a dependent of the individual. Died. |
| Montana | 2017 State Bills Montana 2017 HB 3922017 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | Creates the Montana family and medical leave insurance fund. Applicants for coverage must provide eligibility documentation. The department may not require documentation that exceeds the right to privacy allowed under HIPAA, the ADA and GINA. Died. |
| New Hampshire | 2017 State Bills New Hampshire 2017 HB 3962017 legislative sessionRecord details | Privacy | Died | Prohibits the collection, tracking, housing, storage, reporting or sharing of personally identifiable information with the federal government or for-profit corporations. The findings and purpose section of the bill lists a DNA sequence as private student data. Died on the Table. |
| New Hampshire | 2017 State Bills New Hampshire 2017 HB 5232017 legislative sessionRecord details | Privacy | Enacted | The introduced version of the bill sought to protect confidential and sensitive information such as genetic testing information. The bill has been amended to establish a committee to study the use and regulation of biometric information. Signed by the Governor on 5/15/2018. Effective 5/15/ 2018. |
| New Jersey | 2017 State Bills New Jersey 2017 A20732017 legislative sessionRecord details | Privacy | Died | Makes confidential any part of a 9-1-1 audio recording or transcript that discloses a person's health status, medical conditions, health care services or treatments, medical history, genetic information, or current health insurance plan information by excluding it from the definition of a government record. Died. |
| New Jersey | 2017 State Bills New Jersey 2017 A49452017 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Establishes the Healthy New Jersey Program. Prohibits discrimination with respect to members and health care providers based on genetic information. Died. |
| New Jersey | 2017 State Bills New Jersey 2017 S29092017 legislative sessionRecord details | Employment Nondiscrimination | Died | A person may not refuse to refer a job seeker for employment or to discriminate against a job seeker in compensation or in terms, conditions or privileges of employment to which the job seeker is referred because of certain characteristics, including genetic information. Died. |
| New Jersey | 2017 State Bills New Jersey 2017 S36062017 legislative sessionRecord details | Privacy | Died | Makes confidential any part of a 9-1-1 audio recording or transcript that discloses a person's health status, medical conditions, health care services or treatments, medical history, genetic information, or current health insurance plan information by excluding it from the definition of a government record. Died. |
| New York | 2017 State Bills New York 2017 A12202017 legislative sessionRecord details | Privacy | Died | Requires written notification to parents of infant's whose DNA or blood spots are retained. Died. |
| New York | 2017 State Bills New York 2017 A14632017 legislative sessionRecord details | Other Topics | Died | Establishes a genetics advisory council. Topics to be examined by the council include (1) creating an environment in which there is equitable access to the benefits of genetic tests to all citizens regardless of race, ethnicity or economic status; and (2) the use of any genetic test by insurers, employers or educational institutions, including the potential for compromising the individual liberties and civil rights of individuals or causing individuals to suffer unfair discrimination. Died. |
| New York | 2017 State Bills New York 2017 A18032017 legislative sessionRecord details | Health Insurance Coverage | Died | Requires accident and health insurance policies to cover the cost of genetic testing of persons with a family history of cancer. Coverage must include testing and any subsequent treatment based on the results of the test for people with a significant risk of contracting cancer. Died. |
| New York | 2017 State Bills New York 2017 A18072017 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health insurance policies to cover comprehensive genetic screening for breast, ovarian, prostate, colon and lung cancers. Died. |
| New York | 2017 State Bills New York 2017 A18822017 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health insurance policies to cover comprehensive screening for ovarian cancer. Additional coverage for computed tomography, barium enema X-rays, magnetic resonance imaging (MRI), positron emission tomography, laparoscopy, colonoscopy and biopsy if a person is at increased risk for ovarian cancer due to specified factors, including positive genetic testing. Died. |
| New York | 2017 State Bills New York 2017 A24612017 legislative sessionRecord details | Other Topics | Died | Authorizes the department of health to establish a program for familial dysautonomia, Canavan's and Tay-Sachs disease screening and counseling. Participation in the program is voluntary, and all information is confidential. Died. |
| New York | 2017 State Bills New York 2017 A30052017 legislative sessionRecord details | Other Topics | Enacted | Establishes a Hate Crime Task Force. The task force will issue reports and publications in conjunction with the Division on Human Rights to combat discrimination based on a variety of factors, including genetic predisposition status. 04/20/2017 Signed by the Governor Chapter 55. |
| New York | 2017 State Bills New York 2017 A30082017 legislative sessionRecord details | Other Topics | Enacted | In introduced version of the bill, a Transportation Network Company (TNC) may not discriminate against passengers or potential passengers on the basis of a genetic predisposition. TNC drivers must comply with the anti-discrimination law. 4/20/2017 Signed by the Governor Chapter 58. However, final version of the bill does not include provision related to genetic information. |
| New York | 2017 State Bills New York 2017 A66612017 legislative sessionRecord details | Other Topics | Died | A Transportation Network Company (TNC) may not discriminate against passengers or potential passengers on the basis of a genetic predisposition. Died. |
| New York | 2017 State Bills New York 2017 A68782017 legislative sessionRecord details | Research | Died | Regulates the use of human subjects for medical research and experimentation, including subjects with mental disorders and children. Died. |
| New York | 2017 State Bills New York 2017 A87522017 legislative sessionRecord details | Employment Nondiscrimination | Died | Prohibits clients and modeling agencies from subjecting a model to harassment based on various characteristics, including predisposing genetic characteristics, where such harassment has the purpose or effect of unreasonably interfering with an individual's provision of modeling services by creating an intimidating, hostile, or offensive environment. Died. |
| New York | 2017 State Bills New York 2017 S12642017 legislative sessionRecord details | Other Topics | Died | A Transportation Network Company (TNC) may not discriminate against passengers or potential passengers on the basis of a genetic predisposition. TNC drivers must comply with the anti-discrimination law. Died. |
| New York | 2017 State Bills New York 2017 S20052017 legislative sessionRecord details | Other Topics | Enacted | Establishes a Hate Crime Task Force. The task force will issue reports and publications in conjunction with the Division on Human Rights to combat discrimination based on a variety of factors, including genetic information. 4/20/2017 Signed by the Governor Chapter 55. |
| New York | 2017 State Bills New York 2017 S20082017 legislative sessionRecord details | Other Topics | Enacted | A Transportation Network Company (TNC) may not discriminate against passengers or potential passengers on the basis of a genetic predisposition. TNC drivers must comply with the anti-discrimination law. 4/20/2017 Signed by the Governor Chapter 58. |
| New York | 2017 State Bills New York 2017 S41592017 legislative sessionRecord details | Privacy | Died | A Transportation Network Company (TNC) may not discriminate against passengers or potential passengers on the basis of a genetic predisposition. TNC drivers must comply with the anti-discrimination law. Died. |
| North Carolina | 2017 State Bills North Carolina 2017 HB 1862017 legislative sessionRecord details | Employment Nondiscrimination, Other Topics | Died | Creates the Equal Employment and Equal Access to Public Accommodations Act. Declares that it is the public policy of the State to protect and safeguard the right and opportunity to all individuals to seek, obtain and hold employment without discrimination or abridgment and to enjoy fully and equally the goods, services, facilities, privileges, advantages, and accommodations of places of public accommodations free of discrimination because of race, sex, national origin, citizenship, religion, age, veteran status, genetic information, pregnancy, handicap, or disability. Declares that it is the policy of the State Board of Community Colleges, local boards of trustees of the State of North Carolina, and the Board of Governors of the University of North Carolina not to discriminate among students. Died. |
| North Carolina | 2017 State Bills North Carolina 2017 HB 782017 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Topics, Other Lines of Insurance Nondiscrimination | Died | Prohibits discriminatory housing practices based on protected status, which includes genetic information. Declares that it is the public policy of the State to protect and safeguard the right and opportunity of all individuals to seek, obtain and hold employment without discrimination or abridgement on account of certain characteristics, including genetic information. Also prohibits insurers from refusing to insure or refusing to continue to insure an individual, limit the amount, extent, or kind of coverage available to an individual, or charge an individual a different rate for the same coverage, based on genetic information. School boards also must adopt a policy to establish that the local board of education and school personnel employed by the local board may not discriminate based on genetic information. Charter and nonpublic schools may not discriminate based on genetic information. Died. |
| North Carolina | 2017 State Bills North Carolina 2017 HB 822017 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Topics, Other Lines of Insurance Nondiscrimination | Died | Prohibits discriminatory housing practices based on protected status, which includes genetic information. Declares that it is the public policy of the State to protect and safeguard the right and opportunity of all individuals to seek, obtain and hold employment without discrimination or abridgement on account of certain characteristics, including genetic information. Also prohibits insurers from refusing to insure or refusing to continue to insure an individual, limit the amount, extent, or kind of coverage available to an individual, or charge an individual a different rate for the same coverage, based on genetic information. School boards also must adopt a policy to establish that the local board of education and school personnel employed by the local board may not discriminate based on genetic information. Charter and nonpublic schools may not discriminate based on genetic information. Died. |
| North Carolina | 2017 State Bills North Carolina 2017 HB 9062017 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Topics, Other Lines of Insurance Nondiscrimination | Died | Prohibits discriminatory housing practices based on protected status, which includes genetic information. Declares that it is the public policy of the State to protect and safeguard the right and opportunity of all individuals to seek, obtain and hold employment without discrimination or abridgement on account of certain characteristics, including genetic information. Also prohibits insurers from refusing to insure or refusing to continue to insure an individual, limit the amount, extent, or kind of coverage available to an individual, or charge an individual a different rate for the same coverage, based on genetic information. School boards also must adopt a policy to establish that the local board of education and school personnel employed by the local board may not discriminate based on genetic information. Charter and nonpublic schools may not discriminate based on genetic information. Died. |
| North Carolina | 2017 State Bills North Carolina 2017 SB 4742017 legislative sessionRecord details | Employment Nondiscrimination, Other Topics | Died | Declares that it is the public policy of the State to protect and safeguard the right and opportunity of all individuals to (1) enjoy fully and equally the goods, services, facilities, privileges, advantages, and accommodations of places of public accommodations free of discrimination; and 2) seek, obtain and hold employment without discrimination or abridgement on account of certain characteristics, including genetic information. Prohibits discrimination in housing practices based on genetic information. Died. |
| North Carolina | 2017 State Bills North Carolina 2017 SB 842017 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Topics, Other Lines of Insurance Nondiscrimination | Died | Declares that it is the public policy of the State to protect and safeguard the right and opportunity of all individuals to (1) enjoy fully and equally the goods, services, facilities, privileges, advantages, and accommodations of places of public accommodations free of discrimination; and 2) seek, obtain and hold employment without discrimination or abridgement on account of certain characteristics, including genetic information. Also prohibits insurers from refusing to insure or refusing to continue to insure an individual, limit the amount, extent, or kind of coverage available to an individual, or charge an individual a different rate for the same coverage, based on genetic information. School boards also must adopt a policy to establish that the local board of education and school personnel employed by the local board may not discriminate based on genetic information. Charter and nonpublic schools may not discriminate based on genetic information. Died. |
| Oklahoma | 2017 State Bills Oklahoma 2017 HB 17162017 legislative sessionRecord details | Other Topics | Died | Requires certain residents of long-term care facilities to have a pharmacogenomics profile conducted. The profile must include the results of at least eighteen genes tested and be accompanied by treatment guidance for each disease state-tested. Died. |
| Oklahoma | 2017 State Bills Oklahoma 2017 HB 18162017 legislative sessionRecord details | Other Topics | Died | Prohibits discrimination based on genetic information in housing and the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation. Died. |
| Oregon | 2017 State Bills Oregon 2017 HB 22322017 legislative sessionRecord details | Health Insurance Coverage | Died | A health benefit plan offered in Oregon must provide coverage for BRCA testing, if indicated. Died. |
| Oregon | 2017 State Bills Oregon 2017 HB 33912017 legislative sessionRecord details | Health Insurance Coverage | Enacted | A health benefit plan offered in Oregon must provide coverage for screening to determine whether counseling about BRCA testing is indicated. Governor signed. Effective 8/15/2017. |
| Texas | 2017 State Bills Texas 2017 HB 28912017 legislative sessionRecord details | Privacy | Enacted | Pertains to medical authorization required to release protected health information in a health care liability claim. Allows the patient or patient's personal or legal representative to exclude genetic information from the authorization. 6/9/2017 Signed by the Governor. |
| Texas | 2017 State Bills Texas 2017 HB 34912017 legislative sessionRecord details | Privacy | Died | Limits the use of biometric identifiers by governmental bodies. Biometric identifiers are defined to include a DNA sample. Died. |
| Texas | 2017 State Bills Texas 2017 SB 18722017 legislative sessionRecord details | Privacy | Died | Pertains to medical authorization required to release protected health information in a health care liability claim. Allows the patient or patient's personal or legal representative to exclude genetic information from the authorization. Died. |
| Texas | 2017 State Bills Texas 2017 SB 2812017 legislative sessionRecord details | Privacy | Died | Limits the use of biometric identifiers by governmental bodies. Biometric identifiers are defined to include a DNA sample. Died. |
| Texas | 2017 State Bills Texas 2017 SJR 442017 legislative sessionRecord details | Other Topics | Died | Proposes a Constitutional Amendment providing for the recognition of equal rights of all people. States that equality under the law may not be denied or abridged based on numerous factors, including genetic information. Died. |
| Washington | 2017 State Bills Washington 2017 HB 22132017 legislative sessionRecord details | Privacy | Enacted | Modifies the state privacy law pertaining to biometric information by adding DNA to the definition of biometric identifiers. Provides an exception for law enforcement agencies. 6/27/2017 Signed by the Governor. Effective 7/23/2017. |
| West Virginia | 2017 State Bills West Virginia 2017 HB 24712017 legislative sessionRecord details | Health Insurance Coverage | Died | Insurers that provide reimbursement or indemnity for laboratory or X-ray services must cover a comprehensive ultrasound screening of an entire breast or breasts if a woman is believed to be at increased risk for cancer due to positive genetic testing or other indications as determined by a woman's physician or advanced practice nurse. Died. |
| West Virginia | 2017 State Bills West Virginia 2017 HB 30212017 legislative sessionRecord details | Health Insurance Coverage | Died | Insurers that provide reimbursement or indemnity for laboratory or X-ray services must cover a comprehensive ultrasound screening of an entire breast or breasts if a woman is believed to be at increased risk for cancer due to positive genetic testing or other indications as determined by a woman's physician or advanced practice nurse. Died. |
| Wisconsin | 2017 State Bills Wisconsin 2017 AB 2122017 legislative sessionRecord details | Employment Nondiscrimination | Died | Addresses actions in circuit court alleging discrimination in employment, unfair honesty testing, or unfair genetic testing. 3/28/2018 Failed to pass pursuant to Senate Joint Resolution 1. |
| Wisconsin | 2017 State Bills Wisconsin 2017 AB 3632017 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Amends health insurance law pertaining to pre-existing conditions. Insurers may not treat genetic information as a pre-existing condition. Provision stating "without a diagnosis of a condition related to the information" is stricken. 3/28/2018 Failed to pass pursuant to Senate Joint Resolution 1. |
| Wisconsin | 2017 State Bills Wisconsin 2017 SB 1402017 legislative sessionRecord details | Employment Nondiscrimination | Died | Addresses actions in circuit court alleging discrimination in employment, unfair honesty testing, or unfair genetic testing. 3/28/2018 Failed to pass pursuant to Senate Joint Resolution 1. |
| Wisconsin | 2017 State Bills Wisconsin 2017 SB 2652017 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Amends health insurance law pertaining to pre-existing conditions. Insurers may not treat genetic information as a pre-existing condition. Provision stating "without a diagnosis of a condition related to the information" is stricken. 3/28/2018 Failed to pass pursuant to Senate Joint Resolution 1. |
| Wyoming | 2017 State Bills Wyoming 2017 SF 342017 legislative sessionRecord details | Privacy | Died | Creates the Student Personal Digital Information Protection Act. The Act establishes protections to safeguard the privacy of student data, including biometric information. It is unclear whether biometric information includes genetic information or a DNA sequence. The term is not defined. Failed 2/13/2017 |
| Arizona | 2018 State Bills Arizona 2018 HB 24502018 legislative sessionRecord details | Privacy | Died | Allows the release of genetic testing and information derived from genetic testing to the following, if the necessary requirements are met: an individual or entity that provides services to a health care provider or clinical laboratory, a statewide health information exchange, the health insurance carrier of the person tested, a nationally recognized accreditation organization, a health professional licensing board in the state, and an entity that is responsible for the payment of a health care provider charges. Died. |
| California | 2018 State Bills California 2018 AB 23582018 legislative sessionRecord details | Employment Nondiscrimination | Enacted | Prohibits discrimination against apprentices or applicants for apprenticeships in the building and construction trade based on genetic information. 9/22/2018 Chaptered by Secretary of State - Chapter 675, Statutes of 2018. |
| California | 2018 State Bills California 2018 AB 27652018 legislative sessionRecord details | Employment Nondiscrimination | Died | Prohibits discrimination in a digital marketplace or otherwise acting upon applications to participate with a digital marketplace as a marketplace contractor based on an individual's genetic characteristics. Died. |
| Connecticut | 2018 State Bills Connecticut 2018 SB 4402018 legislative sessionRecord details | Health Insurance Coverage | Died | The Commissioner of Social Services must provide Medicaid coverage to the extent permissible under federal law for pharmacogenomics tests determined to be medically necessary. The commissioner may not require prior authorization for medically necessary pharmacogenomics tests for persons being treated for (1) behavioral disorders, (2) psychiatry disorders, (3) cardiovascular disorders, and (4) chronic pain. Died. |
| Florida | 2018 State Bills Florida 2018 HB 13852018 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Creates the Healthy Florida program to be administered by the Healthy Florida Board. Every resident of Florida is eligible and entitled to enroll under the Healthy Florida program. The program may not discriminate based on genetic information. 3/10/2018 Died in Health Innovation Subcommittee. |
| Florida | 2018 State Bills Florida 2018 HB 8552018 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | Prohibits life insurers and long-term care insurers, except under certain circumstances, from canceling, limiting, or denying coverage, or establishing differentials in premium rates, based on genetic information. 3/10/2018 Died in Banking and Insurance. |
| Florida | 2018 State Bills Florida 2018 SB 11062018 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | Prohibits life insurers and long-term care insurers from canceling, limiting, or denying coverage, or establishing differentials in premium rates, based on genetic information, if there is no diagnosis of a condition related to the genetic information. The bill also prohibits these insurers from requiring or soliciting genetic information, using genetic test results, or considering a person�s decisions or actions relating to genetic testing for any insurance purpose. 3/10/2018 Died in Rules. |
| Florida | 2018 State Bills Florida 2018 SB 18722018 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Creates the Healthy Florida program to be administered by the Healthy Florida Board. Every resident of Florida is eligible and entitled to enroll under the Healthy Florida program. The program may not discriminate based on genetic information. 3/10/2018 Died in Banking and Insurance. |
| Hawaii | 2018 State Bills Hawaii 2018 HB 21272018 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health insurers, mutual benefit societies, and health maintenance organizations to provide coverage for genetic counseling and testing related to the BRCA1 or BRCA2 genetic mutation, if indicated. Died. |
| Hawaii | 2018 State Bills Hawaii 2018 SB 23412018 legislative sessionRecord details | Health Insurance Coverage | Died | Requires accident and health or sickness insurers to provide coverage for genetic counseling and testing related to the BRCA1 or BRCA2 genetic mutation, if indicated. Died. |
| Illinois | 2018 State Bills Illinois 2018 SB 29242018 legislative sessionRecord details | Privacy | Died | Amends the Genetic Information privacy Act provisions concerning uses and disclosures. Provides that various uses or disclosures of a patient's genetic information may not (rather than may) occur without the patient's consent. Died. |
| Indiana | 2018 State Bills Indiana 2018 SB 3522018 legislative sessionRecord details | Privacy | Died | Establishes requirements regarding student education records, personally identifiable information of a student, and certain other information concerning a student. Personally identifiable information includes a DNA sequence. Died. |
| Iowa | 2018 State Bills Iowa 2018 HF 23522018 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Establishes the Healthy Iowa program. Residents of the state are entitled to enroll. Discrimination is prohibited with respect to members and providers based on genetic information. Died. |
| Kentucky | 2018 State Bills Kentucky 2018 HB 1882018 legislative sessionRecord details | Privacy | Died | Requires certain information holders to encrypt personally identifiable data, which is defined to include a genetic print. Information holders must report a breach of personally identifiable information to consumers. Died. |
| Kentucky | 2018 State Bills Kentucky 2018 SB 332018 legislative sessionRecord details | Privacy | Died | Requires certain information holders to encrypt personally identifiable data, which is defined to include a genetic print. Information holders must report a breach of personally identifiable information to consumers. Died. |
| Louisiana | 2018 State Bills Louisiana 2018 SB 4422018 legislative sessionRecord details | Other Topics | Enacted | Requires companies who sell DNA testing kits to inform a purchaser of certain information. This includes a written statement to inform the consumer that, by submitting DNA for testing, one loses the exclusive right to one's DNA. 5/30/2018 Signed by the Governor. Becomes Act No. 571. Effective 8/1/2018. |
| Maryland | 2018 State Bills Maryland 2018 HB 15162018 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Establishing Healthy Maryland as a public corporation and a unit of State government to provide comprehensive universal health coverage for every Maryland resident. The Health Maryland Board must develop rules to promote nondiscrimination with respect to genetic information among members and providers. Died. |
| Maryland | 2018 State Bills Maryland 2018 SB 10022018 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Establishing Healthy Maryland as a public corporation and a unit of State government to provide comprehensive universal health coverage for every Maryland resident. The Health Maryland Board must develop rules to promote nondiscrimination with respect to genetic information among members and providers. Died. |
| Massachusetts | 2018 State Bills Massachusetts 2018 H.24202018 legislative sessionRecord details | Other Topics | Died | Prohibits a local or state administrative, legislative or regulatory body or instrumentality from engaging in a discriminatory land use practice based on genetic information. Died. |
| Massachusetts | 2018 State Bills Massachusetts 2018 H.30242018 legislative sessionRecord details | Other Topics | Died | Prohibits a local or state administrative, legislative or regulatory body or instrumentality to engage in a discriminatory land use practice, including discrimination based on genetic information. Died. |
| Massachusetts | 2018 State Bills Massachusetts 2018 H.46392018 legislative sessionRecord details | Health Insurance Coverage | Died | Measure to enhance high quality, affordable health care. The bill includes a provision requiring coverage for genetically targeted drugs for Duchenne muscular dystrophy, if offered to active or retired employees of the commonwealth insured under the group insurance commission. Died. |
| Massachusetts | 2018 State Bills Massachusetts 2018 H.48652018 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health_insurance_coverage for certain genetically targeted drugs for Duchenne muscular dystrophy. Died. |
| Mississippi | 2018 State Bills Mississippi 2018 HB 5222018 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Prohibits health plans from denying coverage for a preexisting condition unless certain conditions are met. Genetic information may not be excluded as a preexisting condition in the absence of a diagnosis of the condition related to the genetic information. 1/30/2018 Died in Committee. |
| Mississippi | 2018 State Bills Mississippi 2018 SB 21462018 legislative sessionRecord details | Privacy | Died | Allows parents to opt out of the collection, tracking, housing, reporting, selling, or sharing with any party outside of the local school district, of noneducational-related information on a child or his or her family, including a DNA sequence. 1/30/2018 Died in Committee. |
| Mississippi | 2018 State Bills Mississippi 2018 SB 24062018 legislative sessionRecord details | Health Insurance Coverage | Died | Requires group or individual policies, contracts or certificates of health insurance issued or renewed to cover comprehensive ultrasound screening of an entire breast or breasts if a woman is believed to be at increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing or other indications as determined by a woman's physician or advanced practice registered nurse. 1/30/2018 Died in committee. |
| Missouri | 2018 State Bills Missouri 2018 HB 17612018 legislative sessionRecord details | Privacy | Died | Prohibits school district from collecting biometric information on any student without express written consent of the student�s parent or legal guardian. Biometric information includes a DNA sequence. Died. |
| New Hampshire | 2018 State Bills New Hampshire 2018 HB 13732018 legislative sessionRecord details | Privacy | Died | Establishes and individual's property right to his or her genetic information and DNA sample, except as expressly otherwise provided in statute. Requires consent to acquire, retain, or disclose a person's genetic information or DNA sample. 5/2/2018 Refer to Interim Study, MA, VV. |
| New Hampshire | 2018 State Bills New Hampshire 2018 HB 17502018 legislative sessionRecord details | Privacy | Died | Prohibits the government from acquiring, retaining, collecting, or using personal information without express written consent with some exceptions such as if a warrant has been issued. Personal information includes DNA/RNA. Died. |
| New Jersey | 2018 State Bills New Jersey 2018 A21452018 legislative sessionRecord details | Other Topics | Died | Requires testing of infants for genetic mutations associated with the development of hereditary hemochromatosis. Died. |
| New Jersey | 2018 State Bills New Jersey 2018 A46402018 legislative sessionRecord details | Privacy | Died | This bill sets forth privacy protections for personally identifiable information collected by businesses. Personally identifiable information includes biometric data such as DNA. Died. |
| New Jersey | 2018 State Bills New Jersey 2018 AJR1812018 legislative sessionRecord details | Other Topics | Died | Establishes New Jersey Pharmacogenomics Commission. Died. |
| New Jersey | 2018 State Bills New Jersey 2018 S1042018 legislative sessionRecord details | Employment Nondiscrimination | Enacted | Amends employment discrimination law. Prohibits employers from paying any of its employees who are a members of a protected class at a rate of compensation, including benefits, which is less than the rate paid by the employer to employees who are not members of the protected class for substantially similar work, when viewed as a composite of skill, effort and responsibility. Member of a protected class is defined an employee who has one or more characteristics, including genetic information, for which the law prohibits discrimination in employment. 4/24/2018 Approved P.L.2018, c.9. |
| New Jersey | 2018 State Bills New Jersey 2018 S31532018 legislative sessionRecord details | Privacy | Died | This bill sets forth privacy protections for personally identifiable information collected by businesses. Personally identifiable information includes biometric data such as DNA. Died. |
| New Jersey | 2018 State Bills New Jersey 2018 SJR1152018 legislative sessionRecord details | Other Topics | Died | Establishes the New Jersey Pharmacogenomics Commission. Died. |
| New York | 2018 State Bills New York 2018 A102292018 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | Prohibits discrimination based on the results of a genetic test or the provision of genetic information. Insurers may not require and applicant to undergo a genetic test or answer questions about genetic testing. Died. |
| New York | 2018 State Bills New York 2018 A102462018 legislative sessionRecord details | Employment Nondiscrimination, Other Topics, Privacy | Died | Prohibits discrimination based on genetic information in multiple sections of the statutes, including those pertaining to employment, housing, credit, education and other areas. Died. |
| New York | 2018 State Bills New York 2018 A88472018 legislative sessionRecord details | Other Topics | Died | Prohibits the distribution of consumers' DNA profiles submitted to direct-to-consumer genetic testing companies. Requires companies to provide a copy of their privacy policy to any consumer that submits a DNA sample and provides for civil penalties for violations of these provisions. Died. |
| New York | 2018 State Bills New York 2018 A97802018 legislative sessionRecord details | Privacy | Died | Enacts the Personal Information Protection Act. Establishes a personal information bill of rights requiring parties having custody of residents' personal identifying information to ensure the security of this information. Personal information includes DNA samples. Died. |
| New York | 2018 State Bills New York 2018 A97802018 legislative sessionRecord details | Privacy | Died | Establishes a personal information bill of rights. Declares the right of all New Yorkers to have their personal information, including DNA, protected. Died. |
| New York | 2018 State Bills New York 2018 S75552018 legislative sessionRecord details | Privacy | Died | Enacts the Personal Information Protection Act. Establishes a personal information bill of rights requiring parties having custody of residents' personal identifying information to ensure the security of this information. Personal information includes DNA samples. Died. |
| Oklahoma | 2018 State Bills Oklahoma 2018 HB 32332018 legislative sessionRecord details | Health Insurance Coverage | Died | Requires certain residents of long-term care facilities to have a pharmacogenomics profile conducted. The profile must include the results of at least eighteen genes tested and be accompanied by treatment guidance for each disease state-tested. Died. |
| Tennessee | 2018 State Bills Tennessee 2018 HB 25082018 legislative sessionRecord details | Privacy | Died | Following discovery or notification of a breach of system security by an information holder, the information holder must disclose the breach of system security to any resident of the state whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Personal information includes a DNA profile. Died. |
| Tennessee | 2018 State Bills Tennessee 2018 HB 26902018 legislative sessionRecord details | Privacy | Enacted | Requires a parent, legal guardian, or student, if the student is 18 years of age or older, to provide informed written consent before the collection of individual student biometric data, including DNA. Establishes additional protections for personally identifiable information, which includes biometric data, maintained by schools. Effective 7/1/2018. |
| Tennessee | 2018 State Bills Tennessee 2018 SB 20292018 legislative sessionRecord details | Privacy | Died | Requires a parent, legal guardian, or student, if the student is 18 years of age or older, to provide informed written consent before the collection of individual student biometric data, including DNA. Establishes additional protections for personally identifiable information, which includes biometric data, maintained by schools. 4/18/2018 Companion House bill substituted. |
| Tennessee | 2018 State Bills Tennessee 2018 SB 25362018 legislative sessionRecord details | Privacy | Died | Following discovery or notification of a breach of system security by an information holder, the information holder must disclose the breach of system security to any resident of the state whose personal information was, or is reasonably believed to have been, acquired by an unauthorized person. Personal information includes a DNA profile. Died. |
| Virginia | 2018 State Bills Virginia 2018 HB 10532018 legislative sessionRecord details | Employment Nondiscrimination | Died | Establishes policies to prevent workplace harassment in the legislative branch. Workplace harassment is defined as unwelcome verbal, written, or physical conduct that either denigrates or shows hostility or aversion toward a person on the basis of certain characteristics, including genetics, that (i) has the purpose or effect of creating an environment that a reasonable person would consider intimidating, hostile, or abusive; (ii) has the purpose or effect of unreasonably interfering with an employee's work performance; or (iii) affects an employee's employment opportunities or compensation. Died. |
| Washington | 2018 State Bills Washington 2018 HB 25652018 legislative sessionRecord details | Health Insurance Coverage | Died | Substitute bill version: Requires the drug utilization review board to consider the safety, efficacy, and cost-effectiveness of drugs and gene therapies in its recommendations to the director of the authority regarding coverage for medical assistance programs. Died. |
| Washington | 2018 State Bills Washington 2018 SB 59572018 legislative sessionRecord details | Health Insurance Coverage | Died | Establishes the Healthy Washington program to provide comprehensive universal single-payer health care coverage for all residents of the state. The board of Healthy Washington must create requirements and standards for the program and for health care organizations, care coordinators, and health care providers pertaining to nondiscrimination with respect to members and health care providers on the basis of genetic information. Died. |
| Wyoming | 2018 State Bills Wyoming 2018 HB 1192018 legislative sessionRecord details | Privacy | Enacted | Prohibits the collection, retention and disclosure of genetic information without informed consent. Establishes requirements for the retention and destruction of genetic information. 3/16/2018 Governor Signed HEA No. 0060. |
| Arizona | 2019 State Bills Arizona 2019 SB 12972019 legislative sessionRecord details | Privacy | Enacted | Requires that genetic testing information be released only as authorized by state or federal law, including the Health Insurance Portability and Accountability Act privacy standards. Permits the release of genetic testing information to a health care provider who is providing care to the person tested and the health care provider's agent or employee. Allows a legal representative of a clinical laboratory that is in possession of the medical record to receive the genetic test and information derived from the genetic test when the laboratory is obtaining legal advice. Allows a licensed pathologist to order and perform genetic testing for a patient and receive the results. Signed by the Governor on May 22, 2019. |
| Arkansas | 2019 State Bills Arkansas 2019 HB 19432019 legislative sessionRecord details | Privacy | Enacted | Amends the definition of personal information under Personal Information privacy Act. Protected personal information is defined to include biometric information such as DNA. 4/15/2019 HB 1943 is now Act 1030. |
| California | 2019 State Bills California 2019 AB 10202019 legislative sessionRecord details | Employment Nondiscrimination | Died | Prohibits licensing boards from requiring an examination or establishing any qualification for licensing that has an adverse impact on any class because of various attributes, including genetic information. Died. |
| California | 2019 State Bills California 2019 SB 1802019 legislative sessionRecord details | Other Topics | Enacted | Prohibits a person from selling a gene therapy kit unless the seller includes a notice on the seller�s internet website that is displayed to the consumer prior to the point of sale, and on a label on the package, stating that the kit is not for self-administration. Chaptered by Secretary of State. Chapter 140, Statutes of 2019. Effective January 1, 2020. |
| California | 2019 State Bills California 2019 SB 7312019 legislative sessionRecord details | Privacy | Died | Language in introduced version, which pertained to genetic characteristics and workers compensation, was stricken. Amended version of bill states that peace officer and custodial officer personnel records maintained by a state or local agency are not confidential and are available for public inspection. Records available for inspection include those relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct such as verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the basis of various factors, including genetic information. Died. |
| Colorado | 2019 State Bills Colorado 2019 HB 13012019 legislative sessionRecord details | Health Insurance Coverage | Enacted | Amends the provision requiring health_insurance_coverage for mammography for an individual with a genetic predisposition. The amended version of the statute refers to guidelines of professional associations to determine coverage requirements. May 16, 2019 Signed by the Governor. |
| Connecticut | 2019 State Bills Connecticut 2019 HB 65442019 legislative sessionRecord details | Privacy | Died | Prohibits a consumer genetic-testing company from sharing any genetic data or other personally identifiable information about a consumer with any health or life insurance company. Died. |
| Connecticut | 2019 State Bills Connecticut 2019 HB 72622019 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | Prohibits life insurance companies from requiring genetic testing or using genetic information in connection with life insurance policies and annuity contracts. Died. |
| Connecticut | 2019 State Bills Connecticut 2019 SB 11082019 legislative sessionRecord details | Privacy | Enacted | Creates a task for concerning consumer privacy. The introduced version of the bill was amended to create a task force rather than set forth certain requirements pertaining to the privacy of personal information such as DNA. Signed by the Governor 7/9/2019. |
| Connecticut | 2019 State Bills Connecticut 2019 SB 3692019 legislative sessionRecord details | Other Topics | Died | Establishes a task force to require a study of the link between the abnormal genes associated with breast and ovarian cancers and the nerve death associated with Alzheimer's disease to improve diagnosis, risk assessment and treatment of such disease. Died. |
| Delaware | 2019 State Bills Delaware 2019 SB 1442019 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | Prohibits discrimination based upon genetic information in the issuance or renewal of disability, long-term care, and life insurance. Died. |
| Delaware | 2019 State Bills Delaware 2019 SB 172019 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | Prohibits discrimination based upon genetic characteristics and information in the issuance or renewal of disability and long term care insurance. Insurers also must provide notice if a genetic test is required. Died. |
| Florida | 2019 State Bills Florida 2019 HB 11712019 legislative sessionRecord details | Privacy | Died | Enacts the Parents Bill of Rights. Parental rights include the right to consent in writing before any record of his or her minor child�s blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by general law or authorized pursuant to a court order. Died. |
| Florida | 2019 State Bills Florida 2019 HB 6972019 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Creates Healthy Florida Program for purpose of comprehensive universal single-payer health care coverage. The Board of the program must establish requirements and standards to promote nondiscrimination, including based on genetic information. Died. |
| Florida | 2019 State Bills Florida 2019 HB 8792019 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | Prohibits life insurers and long-term care insurers from basing decisions on genetic information. Prohibits these insurers from taking certain actions related to genetic information for any insurance purpose. Died. |
| Florida | 2019 State Bills Florida 2019 SB 14862019 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Creates Healthy Florida Program for purpose of comprehensive universal single-payer health care coverage. The Board of the program must establish requirements and standards to promote nondiscrimination, including based on genetic information. Died. |
| Florida | 2019 State Bills Florida 2019 SB 17262019 legislative sessionRecord details | Privacy | Died | Enacts the Parents Bill of Rights. Parental rights include the right to consent in writing before any record of his or her minor child�s blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by general law or authorized pursuant to a court order. Died. |
| Florida | 2019 State Bills Florida 2019 SB 2582019 legislative sessionRecord details | Other Topics, Other Lines of Insurance Nondiscrimination | Died | Prohibits life insurers, long-term care insurers, and disability income insurers from certain actions relating to genetic information or genetic testing of applicants. Prohibits these insurers from taking certain actions relating to coverage or rates unless certain conditions are met. Requires entities providing direct-to-consumer genetic testing to obtain prior written authorization to disclose identifying health information to life or health insurers. Died. |
| Hawaii | 2019 State Bills Hawaii 2019 HB 10872019 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health insurers, mutual benefit societies and health maintenance organizations to provide coverage for: (1) screening to determine whether counseling and testing related to the BRCA1 or BRCA2 genetic mutation is indicated; and (2) genetic counseling and testing related to the BRCA1 or BRCA2 genetic mutation, if indicated. Died. |
| Hawaii | 2019 State Bills Hawaii 2019 SB 10432019 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health insurers, mutual benefit societies and health maintenance organizations to provide coverage for: (1) screening to determine whether counseling and testing related to the BRCA1 or BRCA2 genetic mutation is indicated; and (2) genetic counseling and testing related to the BRCA1 or BRCA2 genetic mutation, if indicated. Died. |
| Illinois | 2019 State Bills Illinois 2019 HB 21892019 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Enacted | A company providing direct-to-consumer commercial genetic testing is prohibited from sharing genetic test information or other personally identifiable information about a consumer with any health or life insurance company without written consent from the consumer. Direct-to-consumer genetic tests are added to the definition of genetic test under the Genetic Information privacy Act. 7/26/2019 Public Act. Effective January 1, 2020. |
| Illinois | 2019 State Bills Illinois 2019 SB 13072019 legislative sessionRecord details | Privacy | Died | Amends the Genetic Information privacy Act provisions concerning uses and disclosures for treatment, payment, health care operations, health oversight activities, and public health activities; uses and disclosures of information to a health information exchange; business associates; and establishment and disclosure of limited data sets and de-identified information. Provides that various uses or disclosures of a patient's genetic information may not (rather than may) occur without the patient's consent. Died. |
| Illinois | 2019 State Bills Illinois 2019 SB 22632019 legislative sessionRecord details | Privacy | Died | Establishes consumer rights to copies of information held by persons who control and process data. Provides for the correction of inaccurate data. Provides for restrictions on the use of personal data. Defines health care information to include a patient's deoxyribonucleic acid. Died. |
| Indiana | 2019 State Bills Indiana 2019 HB 14942019 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | An insurer that issues an individual or group policy of accident and sickness insurance, small employer group health insurance plans, and health maintenance organization contracts may not establish rules for eligibility of an individual to enroll or continued enrollment based on any of the following health status related factors, including genetic information. Died. |
| Indiana | 2019 State Bills Indiana 2019 HB 16312019 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | The provision pertaining to the use of genetic information in short term insurance plans was removed from the final version of this bill. 5/6/2019 Signed by the Governor. |
| Indiana | 2019 State Bills Indiana 2019 SB 2042019 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Specifies that a state employee health plan, a policy of accident and sickness insurance, and a health maintenance organization contract must provide for availability, renewability, premium rating, and coverage without regard to health status, including genetic information. Died. |
| Iowa | 2019 State Bills Iowa 2019 HF 962019 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Iowa residents are eligible and entitled to enroll as a member in and receive benefits for health care services covered by the healthy Iowa program. A participating health care provider or participating care coordinator may not refuse to provide health care services to a member on the basis of genetic information. Died. |
| Iowa | 2019 State Bills Iowa 2019 HSB 142019 legislative sessionRecord details | Privacy | Died | This bill modifies a provision related to personal information in the event of a security breach of computerized data. The definition of personal information is amended to include a deoxyribonucleic acid profile. Died. |
| Iowa | 2019 State Bills Iowa 2019 SSB 10712019 legislative sessionRecord details | Privacy | Died | This bill modifies a provision related to personal information in the event of a security breach of computerized data. The definition of personal information is amended to include a deoxyribonucleic acid profile. Died. |
| Kentucky | 2019 State Bills Kentucky 2019 SB 1522019 legislative sessionRecord details | Privacy | Died | Creates a parent's right to consent in writing before any record of the minor child�s blood or deoxyribonucleic acid is created, stored, or shared, unless authorized pursuant to a court order or an ongoing criminal investigation. Died. |
| Kentucky | 2019 State Bills Kentucky 2019 SB 302019 legislative sessionRecord details | Health Insurance Coverage | Enacted | Requires health benefit plans to cover any genetic test for cancer risk recommended by a physician, physician's assistant, genetic counselor or nurse if the recommendation is consistent with genetic testing guidelines of the National Comprehensive Cancer Network. Signed by the Governor on May 19, 2019. Effective January 1, 2020. |
| Louisiana | 2019 State Bills Louisiana 2019 HB 3452019 legislative sessionRecord details | Health Insurance Coverage | Enacted | Requires health plans to cover the cost of the genetic testing of the BRCA1 and BRCA2 genes to detect an increased risk for breast and ovarian cancer when recommended by a healthcare provider in accordance with the United States Preventive Services Task Force recommendations. Signed by the Governor June 5, 2019. Effective January 1, 2020. |
| Maine | 2019 State Bills Maine 2019 LD 12019 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | This bill amends current health_insurance_nondiscrimination law by deleting provisions pertaining to pre-existing condition exclusions, including those pertaining to genetic information. The amendments prohibit pre-existing condition exclusions entirely to ensure that consumer protections provided under the Affordable Care Act are codified in state law. 3/19/2019 Signed by the Governor. |
| Maine | 2019 State Bills Maine 2019 LD 13142019 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Enacted | Prohibits insurers from requesting, requiring, purchasing or using information obtained from a direct-to-consumer genetic test without consent of the individual tested. Types of insurance covered under the law would include life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance or an annuity. June 5, 2019 Signed by the Governor. Effective 90 days after adjournment on 6/19/19. |
| Maine | 2019 State Bills Maine 2019 LD 17902019 legislative sessionRecord details | Privacy | Enacted | Protects the personal information, including genetic information, pertaining to state employees. Signed by the Governor on June 20, 2019. |
| Maryland | 2019 State Bills Maryland 2019 HB 10872019 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Establishes the Healthy Maryland Program. Requires the Board to establish requirements and standards to consistent with state nondiscrimination laws, including those pertaining to genetic information. Participating providers may not refuse to provide health care services on the basis of genetic information. 3/28/2019 Unfavorable Report by Health and Government Operations. Withdrawn. |
| Maryland | 2019 State Bills Maryland 2019 HB 11272019 legislative sessionRecord details | Privacy | Died | A business that owns or licenses computerized data that includes personal information such as genetic information of an individual must conduct a reasonable and prompt investigation upon the breach of the security of a system. Died. |
| Maryland | 2019 State Bills Maryland 2019 HB 5262019 legislative sessionRecord details | Other Topics | Died | Amends the state law pertaining to direct and indirect advertisement of or solicitation of business for medical laboratory tests. Died. |
| Maryland | 2019 State Bills Maryland 2019 HB 572019 legislative sessionRecord details | Employment Nondiscrimination | Died | Requires managers and supervisors in the Legislative and Executive branches of State government to immediately report certain incidents of workplace bullying, including bullying based on genetic information. 3/5/2019 Unfavorable Report by House Rules and Executive Nominations; Withdrawn. |
| Maryland | 2019 State Bills Maryland 2019 HB 6972019 legislative sessionRecord details | Health Insurance Coverage | Enacted | The provision in the original version of the bill pertaining to the use of genetic information by carriers was amended. The enacted legislation establishes a workgroup on maintaining the protections established by the Affordable Care Act. May 13, 2019 Approved by the Governor - Chapter 418. Effective June 1, 2019. |
| Maryland | 2019 State Bills Maryland 2019 HB 7162019 legislative sessionRecord details | Privacy | Died | Amends the definition of personal information used in the state data privacy act. Personally identifiable information is defined to include an individual's DNA. Died. |
| Maryland | 2019 State Bills Maryland 2019 HB 8562019 legislative sessionRecord details | Other Topics | Died | A hospital or related institution may not discriminate in admitting or providing personal care based on genetic information. Died. |
| Maryland | 2019 State Bills Maryland 2019 HB 9012019 legislative sessionRecord details | Privacy | Died | Enacts the Online Consumer Protection Act. Defines biometric information to include an individual's DNA. Died. |
| Maryland | 2019 State Bills Maryland 2019 SB 4952019 legislative sessionRecord details | Other Topics | Enacted | A person who directly or indirectly advertises or solicits business for diagnostic laboratory tests or procedures is a covered entity under HIPAA and must make certain disclosures. The law does not apply to germline genetic or genomic testing for the analysis, diagnosis or prediction of human disease. May 13, 2019 Approved by the Governor - Chapter 413. Effective October 1, 2019. |
| Maryland | 2019 State Bills Maryland 2019 SB 5562019 legislative sessionRecord details | Employment Nondiscrimination | Died | Requires managers and supervisors in the Legislative and Executive branches of State government to immediately report certain incidents of workplace bullying, including bullying based on genetic information. 3/11/2019 Unfavorable Report by Finance; Withdrawn. |
| Maryland | 2019 State Bills Maryland 2019 SB 6132019 legislative sessionRecord details | Privacy | Died | Enacts the Online Consumer Protection Act. Defines biometric information to include an individual's DNA. Died. |
| Maryland | 2019 State Bills Maryland 2019 SB 7862019 legislative sessionRecord details | Privacy | Died | A business that owns or licenses computerized data that includes personal information such as genetic information of an individual must conduct a reasonable and prompt investigation upon the breach of the security of a system. April 3, 2019 Unfavorable Report by Finance. |
| Maryland | 2019 State Bills Maryland 2019 SB 8682019 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | The provision in the original version of the bill pertaining to the use of genetic information by carriers was amended. The enacted legislation establishes a workgroup on maintaining the protections established by the Affordable Care Act. May 13, 2019 Approved by the Governor - Chapter 417. Effective October 1, 2019. |
| Maryland | 2019 State Bills Maryland 2019 SB 8712019 legislative sessionRecord details | Privacy | Died | Establishes the Healthy Maryland Program. Requires the Board to establish requirements and standards to consistent with state nondiscrimination laws, including those pertaining to genetic information. Participating providers may not refuse to provide health care services on the basis of genetic information. Died. |
| Maryland | 2019 State Bills Maryland 2019 SB 9532019 legislative sessionRecord details | Other Topics | Died | A hospital or related institution may not discriminate in admitting or providing personal care based on genetic information. Died. |
| Massachusetts | 2019 State Bills Massachusetts 2019 H.10252019 legislative sessionRecord details | Health Insurance Coverage | Died | Requires insurance coverage for mammograms and breast cancer screening if the patient has additional risk factors for breast cancer such as family history and positive genetic testing. Died. |
| Massachusetts | 2019 State Bills Massachusetts 2019 H.13442019 legislative sessionRecord details | Other Topics | Died | Prohibits local or state administrative, legislative or regulatory body or instrumentality to from engaging in a discriminatory land use practice, including practices based on genetic information. Accompanied a study order, see H5081. Died. |
| Massachusetts | 2019 State Bills Massachusetts 2019 H.1802019 legislative sessionRecord details | Other Topics | Died | Pertains to municipal master plans. Master plans developed should take into account to the extent feasible ways in which future policies and programs can advance equity based on various factors such as genetic information. Died. |
| Massachusetts | 2019 State Bills Massachusetts 2019 H.2872019 legislative sessionRecord details | Privacy | Died | Amends data security protections to include biometric information, which is defined to include genetic information. 10/26/2020 Accompanied a study order, see H5043. Died. |
| Massachusetts | 2019 State Bills Massachusetts 2019 Order H.20192019 legislative sessionRecord details | Employment Nondiscrimination | Enacted | Establishes that it is House policy and practice to assign, promote and compensate employees on the basis of qualifications, merit, and competence. Prohibits employment practices that are influenced or affected by virtue of an applicant's or employee's genetic information. 1/30/2019 Order adopted and published as amended. |
| Massachusetts | 2019 State Bills Massachusetts 2019 S.1202019 legislative sessionRecord details | Privacy | Died | Establish protections for the privacy of personal information pertaining to consumers, including biometric information such as DNA. 2/13/2020 In Senate. Accompanied a study order see S2534. Died. |
| Massachusetts | 2019 State Bills Massachusetts 2019 S.6162019 legislative sessionRecord details | Health Insurance Coverage | Died | Requires insurance coverage for mammograms and breast cancer screening if the patient has additional risk factors for breast cancer such as family history and positive genetic testing. Died. |
| Massachusetts | 2019 State Bills Massachusetts 2019 S.7812019 legislative sessionRecord details | Other Topics | Died | Prohibits local or state administrative, legislative or regulatory body or instrumentality to from engaging in a discriminatory land use practice, including practices based on genetic information. 2/13/2020 In Senate. Accompanied a study order, see S2528. Died. |
| Massachusetts | 2019 State Bills Massachusetts 2019 S.9392019 legislative sessionRecord details | Employment Nondiscrimination | Died | Adds new section to unlawful employment practices statute. Prohibits any person whose business includes sponsoring, guaranteeing or granting funds or engaging in investment transactions from discriminating against any person in the sponsoring, guaranteeing or granting of funds or making available such funds, because of genetic information and other factors. 11/16/2020 Accompanied a study order, see S2953. Died. |
| Massachusetts | 2019 State Bills Massachusetts 2019 S.982019 legislative sessionRecord details | Privacy | Died | Amends data security protections to include biometric information, which is defined to include genetic information. 2/13/2020 In senate. Accompanied a study order. Died. |
| Michigan | 2019 State Bills Michigan 2019 HB 46342019 legislative sessionRecord details | Employment Nondiscrimination | Died | Requires employers of 50 or more individuals to post a notice that wage discrimination based on genetic information is prohibited under federal law. Died. |
| Michigan | 2019 State Bills Michigan 2019 SB 3332019 legislative sessionRecord details | Employment Nondiscrimination | Died | Requires employers of 50 or more individuals to post a notice that wage discrimination based on genetic information is prohibited under federal law. Died. |
| Minnesota | 2019 State Bills Minnesota 2019 HF 10482019 legislative sessionRecord details | Other Topics | Died | Establishes a pharmacogenetics task force. Died. |
| Minnesota | 2019 State Bills Minnesota 2019 HF 1122019 legislative sessionRecord details | Privacy | Died | Modifies existing law pertaining to the use of genetic information by government entities and enacts a new consumer protection law regarding the use of genetic information. Died. |
| Minnesota | 2019 State Bills Minnesota 2019 HF 29172019 legislative sessionRecord details | Privacy | Died | Businesses must conduct risk assessments of processing activities that involve sensitive consumer data, including genetic data. Died. |
| Minnesota | 2019 State Bills Minnesota 2019 SF 18832019 legislative sessionRecord details | Other Topics | Died | Establishes a pharmacogenetics task force. Died. |
| Minnesota | 2019 State Bills Minnesota 2019 SF 29122019 legislative sessionRecord details | Privacy | Died | Businesses must conduct risk assessments of processing activities that involve sensitive consumer data, including genetic data. Died. |
| Mississippi | 2019 State Bills Mississippi 2019 HB 12532019 legislative sessionRecord details | Privacy | Died | Enacts the Consumer privacy Act. Provides certain rights to consumers such as the right to know the categories and specific pieces of personal information collected and the right to require a business to delete personal information. Personal information is defined to include biometric information such as DNA sequences. 02/05 (H) Died In Committee |
| Mississippi | 2019 State Bills Mississippi 2019 SB 20982019 legislative sessionRecord details | Other Topics | Died | Allows parents to request exemption of their children from certain activities during a school year, including the collection, tracking, housing, reporting, selling, or sharing with any party outside of the local school district, of noneducational-related information on my child or my family, including, but not limited to DNA sequences. 02/05 (S) Died In Committee. |
| Missouri | 2019 State Bills Missouri 2019 HB 7832019 legislative sessionRecord details | Privacy | Died | Prohibits school districts from collecting biometric information on students without the express written consent of parents or legal guardians. Biometric information is defined to include a DNA sequence. Died. |
| Montana | 2019 State Bills Montana 2019 HB 6092019 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Amends state health insurance law by deleting provision related to restrictions on pre-existing condition exclusions, including those based on genetic information. The new law would prohibit any pre-existing condition exclusions. Died. |
| Montana | 2019 State Bills Montana 2019 SB 1052019 legislative sessionRecord details | Other Topics | Died | Requires lobbyists to complete harassment prevention training. Harassment is defined to include unwelcome verbal or physical conduct that denigrates or shows hostility or aversion toward an individual on the basis of genetic information. Died. |
| Nevada | 2019 State Bills Nevada 2019 AB 682019 legislative sessionRecord details | Employment Nondiscrimination | Enacted | Adds genetic information to the list of categories included in an apprenticeship agreement for which discrimination is prohibited. Requires the Office of Workforce Innovation to suspend for one year the right of any employer, association of employers or organization of employees acting as agent for an employer to participate in a program under the provisions of apprenticeship program after notice and hearing, finds that the employer, association or organization has discriminated against an individual based on genetic information. June 5, 2019 Approved by the Governor. Chapter 377. |
| New Hampshire | 2019 State Bills New Hampshire 2019 HB 5362019 legislative sessionRecord details | Privacy | Died | Adds biometric information to the Consumer Protection Act. Died. |
| New Hampshire | 2019 State Bills New Hampshire 2019 SB 2622019 legislative sessionRecord details | Research | Died | The informational content, including DNA/RNA and genetic sequences, contained in or on abandoned personal material is the property of the individual to whom it pertains regardless of its abandonment. No government or person may acquire, collect, retain or use of such informational content, with some exceptions such as for use by a law enforcement agency. Died on the table. |
| New Hampshire | 2019 State Bills New Hampshire 2019 SB 3162019 legislative sessionRecord details | Privacy | Died | Prohibits information or service providers from directly or indirectly transferring, disclosing or otherwise making available to any person or government any personal information, including genetic profiles and DNA/RNA, related to individuals without written consent. Died. |
| New Jersey | 2019 State Bills New Jersey 2019 A55102019 legislative sessionRecord details | Privacy | Died | Expands the state law on discrimination by prohibiting any entity that operates a health program or activity from: 1. Excluding participation in, deny the benefits of, or otherwise discriminate under any health program or activity on the basis of an individual�s genetic information or 2. Aiding or perpetuating discrimination against any person by providing significant assistance to any entity or person that discriminates on the basis of genetic information. Died. |
| New Jersey | 2019 State Bills New Jersey 2019 A58042019 legislative sessionRecord details | Privacy | Died | Establishes personal property rights to DNA samples and genetic information resulting from DNA analysis. Requires consent for use of samples and information from person sampled or analyzed. Died. |
| New Jersey | 2019 State Bills New Jersey 2019 S38132019 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Expands the state law on discrimination by prohibiting any entity that operates a health program or activity from: 1. Excluding participation in, deny the benefits of, or otherwise discriminate under any health program or activity on the basis of an individual�s genetic information or 2. Aiding or perpetuating discrimination against any person by providing significant assistance to any entity or person that discriminates on the basis of genetic information. Died. |
| New Mexico | 2019 State Bills New Mexico 2019 HB 1412019 legislative sessionRecord details | Privacy | Died | Prohibits the disclosure of sensitive personal information by a state agency employee acquired by virtue of the employee's position with a state agency to anyone outside the state agency except under specified circumstances. Died. |
| New Mexico | 2019 State Bills New Mexico 2019 HB 4362019 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Aligns health insurance law with federal law. Prohibits a group health benefits plan or a health insurance issuer that offers group health_insurance_coverage in connection with a group health benefits plan from adjusting premiums or contribution amounts for the group covered under the plan on the basis of genetic information. April 4, 2019 Signed by Governor - Chapter 259. Effective June 5, 2019. |
| New Mexico | 2019 State Bills New Mexico 2019 SB 242019 legislative sessionRecord details | Employment Nondiscrimination | Died | Creates the Workplace Harassment Prevention and Education Section of the Human Rights Bureau. The section is responsible for enforcing unlawful workplace harassment policies, including those that pertain to harassment based on genetic information. Died. |
| New York | 2019 State Bills New York 2019 A12212019 legislative sessionRecord details | Employment Nondiscrimination | Died | Creates a company climate report system to assess the workplace environment of companies doing business in New York. Requires companies to submit biennial climate reports based on an anonymous survey of employees to assess the workplace environment including, but not limited to, pay equity, sexual harassment and discrimination based on various factors, an individual's predisposing genetic characteristics. Died. |
| New York | 2019 State Bills New York 2019 A18902019 legislative sessionRecord details | Employment Nondiscrimination | Died | Prohibits discrimination or harassment based predisposing genetic characteristics of non-employees in the workplace. Died. |
| New York | 2019 State Bills New York 2019 A19112019 legislative sessionRecord details | Privacy | Died | Requires biometric identifies and information to be treated in a manner similar to confidential and sensitive information such as a genetic marker or genetic testing information. Died. |
| New York | 2019 State Bills New York 2019 A2392019 legislative sessionRecord details | Other Topics | Died | Establishes an eleven member genetics advisory council. Died. |
| New York | 2019 State Bills New York 2019 A24092019 legislative sessionRecord details | Research | Died | Regulates the use of human subjects for medical research and experimentation, including subjects with mental disorders and children. Died. |
| New York | 2019 State Bills New York 2019 A3132019 legislative sessionRecord details | Employment Nondiscrimination | Died | Establishes unlawful discriminatory practices relating to models, including discrimination based on predisposing genetic characteristics. Died. |
| New York | 2019 State Bills New York 2019 A41732019 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Requires accident and health insurance policies to cover the cost of genetic testing of persons with a family history of cancer. Died. |
| New York | 2019 State Bills New York 2019 A4652019 legislative sessionRecord details | Privacy | Died | Establishes a personal information bill of rights requiring parties having custody of residents' personal identifying information to ensure the security the information. Personal information is defined to include biometric information such as DNA. Died. |
| New York | 2019 State Bills New York 2019 A56512019 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health insurance policies to cover comprehensive screening for ovarian cancer for persons at high risk, including genetic testing. Died. |
| New York | 2019 State Bills New York 2019 A57272019 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health insurance policies to cover comprehensive genetic screening for ovarian and prostate cancers. Died. |
| New York | 2019 State Bills New York 2019 A59762019 legislative sessionRecord details | Employment Nondiscrimination | Died | Prohibits discrimination or harassment based predisposing genetic characteristics of non-employees in the workplace. Died. |
| New York | 2019 State Bills New York 2019 A67872019 legislative sessionRecord details | Privacy | Enacted | Directs the commissioner of education to conduct a study on the use of biometric identifying technology; prohibits the use of biometric identifying technology in schools until July 1, 2022, or until the commissioner authorizes such purchase or utilization. Biometric information is defined to include a DNA sequence. 12/22/2020 Signed by the Governor. Effective immediately. |
| New York | 2019 State Bills New York 2019 A77362019 legislative sessionRecord details | Privacy | Died | Establishes the "It's Your Data Act" for the purposes of providing protections and transparency in the collection, use, retention, and sharing of personal information. Personal information includes biometric information such as DNA. Died. |
| New York | 2019 State Bills New York 2019 A81252019 legislative sessionRecord details | Research | Died | Authorizes human research in compliance with federal law. Substituted by S6488. Senate substitute signed by the Governor on 9/13/19. |
| New York | 2019 State Bills New York 2019 A81692019 legislative sessionRecord details | Privacy | Died | Requires every personal information recipient to protect the security and integrity of all personal information in their custody from unauthorized access or unauthorized use. Places strict liability on companies where breaches of security allow for personal information to be compromised. Personal information is defined to include biometric information such as DNA. Died. |
| New York | 2019 State Bills New York 2019 S12032019 legislative sessionRecord details | Privacy | Died | Requires biometric identifies and information to be treated in a manner similar to confidential and sensitive information such as a genetic marker or genetic testing information. Died. |
| New York | 2019 State Bills New York 2019 S19152019 legislative sessionRecord details | Employment Nondiscrimination | Died | Prohibits discrimination or harassment based predisposing genetic characteristics of non-employees in the workplace. Died. |
| New York | 2019 State Bills New York 2019 S2172019 legislative sessionRecord details | Health Insurance Coverage | Died | Provides insurance coverage for colonoscopies for individuals 45 or older based on risk factors, including genetic history. Died. |
| New York | 2019 State Bills New York 2019 S38172019 legislative sessionRecord details | Employment Nondiscrimination | Died | Prohibits an employer, licensing agency, employment agency, or labor organization from subjecting an individual to discriminatory harassment based on various factors, including predisposing genetic characteristics. Prohibits subjecting domestic workers to unwelcome harassment based on genetic information. Died. |
| New York | 2019 State Bills New York 2019 S41442019 legislative sessionRecord details | Employment Nondiscrimination | Died | Prohibits hiring parties from subjecting a model to harassment based on various factors, including predisposing genetic characteristics. Died. |
| New York | 2019 State Bills New York 2019 S4562019 legislative sessionRecord details | Employment Nondiscrimination | Enacted | Declares that it is the policy of the state and all its political subdivisions to ensure a fair, non-biased compensation structure for all employees. Status within one or more protected class or classes may not be considered directly or indirectly in determining proper compensation or pay for any individual or group of employees, and no employee with status within one or more protected class to classes may be paid a wage at a rate less than the rate at which an employee without status within the protected class or classes in same establishment is paid for similar work. Protected class includes predisposing genetic characteristic. Signed by the Governor 12/26/2019. |
| New York | 2019 State Bills New York 2019 S47682019 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health insurance policies to cover comprehensive genetic screening for ovarian and prostate cancers. Died. |
| New York | 2019 State Bills New York 2019 S51402019 legislative sessionRecord details | Privacy | Enacted | Directs the commissioner of education to conduct a study on the use of biometric identifying technology; prohibits the use of biometric identifying technology in schools until July 1, 2022, or until the commissioner authorizes such purchase or utilization. Biometric information is defined to include a DNA sequence. 12/22/2020 Signed by the Governor. Effective immediately. |
| New York | 2019 State Bills New York 2019 S64482019 legislative sessionRecord details | Research | Enacted | Amends the public health law, in relation to authorizing human research in compliance with federal law. 9/13/2019 Signed by the Governor. |
| New York | 2019 State Bills New York 2019 S7083-A2019 legislative sessionRecord details | Employment Nondiscrimination | Died | Prohibits an employer, licensing agency, employment agency, or labor organization from subjecting an individual to discriminatory harassment based on various factors, including predisposing genetic characteristics. Prohibits subjecting domestic workers to unwelcome harassment based on genetic information. Died. |
| North Carolina | 2019 State Bills North Carolina 2019 HB 4642019 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Prohibits an association health plan or sponsoring association from conditioning eligibility for coverage, including continuing eligibility for coverage, on health-status factors such as genetic information. Died. |
| North Carolina | 2019 State Bills North Carolina 2019 HB 5142019 legislative sessionRecord details | Other Topics | Died | Prohibits unlawful discriminatory practice based on protected status, including genetic information. Died. |
| North Carolina | 2019 State Bills North Carolina 2019 SB 4552019 legislative sessionRecord details | Other Topics | Died | Prohibits unlawful discriminatory practice based on protected status, including genetic information. Died. |
| North Carolina | 2019 State Bills North Carolina 2019 SB 862019 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | A sponsoring association of an employee welfare benefit program may not condition eligibility for coverage, including continuing eligibility for coverage, on health status related factors such as genetic information. 8/26/2019 Became law without signature. |
| Oklahoma | 2019 State Bills Oklahoma 2019 HB 24552019 legislative sessionRecord details | Other Topics | Died | Prohibits unlawful housing discriminatory practices based on genetic information. Died. |
| Rhode Island | 2019 State Bills Rhode Island 2019 S2342019 legislative sessionRecord details | Privacy | Died | Enacts the Consumer Protection privacy Act. Establishes consumer protections pertaining to the collection and use of personal information, including an individual's DNA, by businesses. Died. |
| Rhode Island | 2019 State Bills Rhode Island 2019 S9292019 legislative sessionRecord details | Health Insurance Coverage | Died | Requires nonprofit hospital service contract, plan, or insurance policy delivered, issued for delivery, or renewed in this state must provide coverage of all blood testing services, including specified genetic tests. Died. |
| Tennessee | 2019 State Bills Tennessee 2019 HB 4592019 legislative sessionRecord details | Other Topics | Died | Creates a genetic advisory committee. Substituted by 2019 SB 127, which became Pub. Ch. 43 April 3, 2019. |
| Tennessee | 2019 State Bills Tennessee 2019 SB 1272019 legislative sessionRecord details | Other Topics | Enacted | Extends the sunset date of the genetic advisory committee to June 30, 2025. Signed by the Governor 3/22/2019. Pub. Ch. 43. |
| Texas | 2019 State Bills Texas 2019 HB 41272019 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Creates the Healthy Texas Program. The board for the program must create policies that promote nondiscrimination with respect to members and providers with regard to genetic information. Died. |
| Texas | 2019 State Bills Texas 2019 HB 45182019 legislative sessionRecord details | Privacy | Died | Establishes protections for the privacy of a consumer's personal information collected by certain businesses, including biometric information. Biometric information includes DNA. Died. |
| Utah | 2019 State Bills Utah 2019 HB 4352019 legislative sessionRecord details | Health Insurance Coverage | Enacted | Requires the Medicaid program to reimburse for exome sequencing for undiagnosed enrollees under the age of 21. March 26, 2019 Governor Signed. Effective 60 days after adjournment on March 14, 2019. |
| Utah | 2019 State Bills Utah 2019 SB 1472019 legislative sessionRecord details | Employment Nondiscrimination | Enacted | Introduced version prohibited a lobbyist from engaging in unlawful harassment, including based on genetic information. The language pertaining to genetic information was not included in the final version signed by the Governor on 3/26/2019. |
| Vermont | 2019 State Bills Vermont 2019 H3702019 legislative sessionRecord details | Privacy | Died | Proposes to identify a DNA sample and the results of a DNA analysis performed on the sample as the exclusive property of the person sampled or analyzed and to provide criminal and civil penalties for unlawful DNA collection, analysis, retention, or disclosure. Died. |
| Vermont | 2019 State Bills Vermont 2019 S1102019 legislative sessionRecord details | Privacy | Enacted | Requires (1) the State Court Administrator for the Judicial Branch; (2)the Director of Information Technology for the Legislative Branch; and (3) the Chief Data Officer within the Agency of Digital Services and the Chief Records Officer within the Office of the Secretary of State for the Executive Branch to conduct a data privacy inventory for their respective branches of government. The inventory must address the collection and management of personally identifiable information, including genetic information. Requires a report to the legislature on or before January 15, 2021. Signed by the Governor on March 5, 2020. |
| Virginia | 2019 State Bills Virginia 2019 HB 20832019 legislative sessionRecord details | Employment Nondiscrimination | Died | Requires each legislative branch agency to adopt and implement the Commonwealth Workplace Harassment Policy established by the Department of Human Resource Management. Workplace harassment is defined to include harassment based on genetic information. Died. |
| Virginia | 2019 State Bills Virginia 2019 HB 26032019 legislative sessionRecord details | Employment Nondiscrimination | Died | Prohibits discrimination in apprenticeships based on various factors, including genetic information. Died. |
| Washington | 2019 State Bills Washington 2019 HB 18542019 legislative sessionRecord details | Privacy | Died | Protects consumer data. Original version of bill included genetic data in the definition of sensitive information, but it was removed from the substitute bill version. 1/13/2020 By resolution, reintroduced and retained in present status. Rules Committee relieved of further consideration. Died. |
| Washington | 2019 State Bills Washington 2019 HB 18702019 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Making state law consistent with selected federal consumer protections in the patient protection and affordable care act. Prohibits a health carrier or health plan from establishing rules for eligibility based on health-status related factors such as genetic information. April 17, 2019 Signed by the Governor. Effective immediately. |
| Washington | 2019 State Bills Washington 2019 HB 19902019 legislative sessionRecord details | Other Topics | Died | Restricts genome editing of human embryos. Died. |
| Washington | 2019 State Bills Washington 2019 HB 20182019 legislative sessionRecord details | Employment Nondiscrimination | Died | Concerns harassment and discrimination by legislators and legislative branch employees, including discrimination based on genetic status. Substitute bill, which did not include genetic discirmination provision, was enacted. |
| Washington | 2019 State Bills Washington 2019 HB 20462019 legislative sessionRecord details | Privacy | Died | Seeks to increase consumer data transparency. The bill address consumer biometric information, which is defined to include DNA. Died. |
| Washington | 2019 State Bills Washington 2019 SB 53762019 legislative sessionRecord details | Privacy | Died | Protects sensitive data of consumers, including genetic data. 1/13/2020 By resolution, reintroduced and retained in present status. Died. |
| Washington | 2019 State Bills Washington 2019 SB 58052019 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Making state law consistent with selected federal consumer protections in the patient protection and affordable care act. Prohibits a health carrier or health plan from establishing rules for eligibility based on health-status related factors such as genetic information. Died. |
| West Virginia | 2019 State Bills West Virginia 2019 HB 22242019 legislative sessionRecord details | Health Insurance Coverage | Died | Requires insurance coverage of a comprehensive ultrasound screening of breast if a woman is believed to be at increased risk of cancer based on several factors, including positive genetic testing. Died. |
| Wisconsin | 2019 State Bills Wisconsin 2019 AB 3962019 legislative sessionRecord details | Employment Nondiscrimination | Died | Allows the Department of Workforce Development or an individual who is alleged or was found to have been discriminated against or subjected to unfair honesty or genetic testing to bring an action in circuit court in addition to or in lieu of filing an administrative complaint, with some exceptions. 4/1/2020 Failed to pass pursuant to Senate Joint Resolution 1. |
| Wisconsin | 2019 State Bills Wisconsin 2019 SB 282019 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | In selecting patients with whom to enter into a direct primary care agreement, a health care provider may not discriminate on the basis of genetic information. 4/1/2020 Failed to pass pursuant to Senate Joint Resolution 1. |
| Wisconsin | 2019 State Bills Wisconsin 2019 SB 3662019 legislative sessionRecord details | Employment Nondiscrimination | Died | Allows the Department of Workforce Development or an individual who is alleged or was found to have been discriminated against or subjected to unfair honesty or genetic testing to bring an action in circuit court in addition to or in lieu of filing an administrative complaint, with some exceptions. 4/1/2020 Failed to pass pursuant to Senate Joint Resolution 1. |
| Alabama | 2020 State Bills Alabama 2020 HB 2662020 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | Prohibits health benefit plans, life insurers, and long term care insurers from (1) using an individual's genetic information to deny him or her insurance or to establish differentials in premium rates, or (2) requiring or soliciting genetic information, using genetic test results, or considering an individual's decisions or actions relating to genetic testing in any manner for insurance purposes. Died. |
| Arizona | 2020 State Bills Arizona 2020 HB 26912020 legislative sessionRecord details | Other Topics | Died | Prohibits placing an inmate in isolated confinement based on certain factors, including genetic information. Died. |
| Arizona | 2020 State Bills Arizona 2020 HB 27292020 legislative sessionRecord details | Privacy | Died | Establishes requirements for controllers upon the receipt of a verified request from consumers to exercise their rights with respect to the processing of personal data, including genetic data for the purpose of uniquely identifying a person. Died. |
| Arizona | 2020 State Bills Arizona 2020 HB 28812020 legislative sessionRecord details | Privacy | Died | Amends the state genetic privacy law. Declares genetic testing and the information derived from it, whether in the possession of a public or private entity, to be the exclusive private property of the person tested. Died. |
| Arizona | 2020 State Bills Arizona 2020 SB 16172020 legislative sessionRecord details | Other Topics | Died | Prohibits placing an inmate in isolated confinement based on certain factors, including genetic information. Died. |
| California | 2020 State Bills California 2020 AB 22222020 legislative sessionRecord details | Privacy | Died | Requires a genealogy company, defined as a person that is not subject to HIPAA and obtains the DNA of a person through submission of a saliva sample or other methods, to display a notice in all advertising, it�s privacy policies, at the point of sale of the product, and on product packaging. The notice must contain information about the company's privacy policy. Died. |
| California | 2020 State Bills California 2020 AB 23012020 legislative sessionRecord details | Privacy | Died | Amends statute pertaining to security requirements for business that own, license, or maintain personal information about a California resident. This bill would add genetic information to the definition of personal information under the law. Died. |
| California | 2020 State Bills California 2020 AB 26402020 legislative sessionRecord details | Health Insurance Coverage | Died | Prohibits an individual or group health care service plan contract or health insurance policy issued, amended, delivered, or renewed on or after January 1, 2021, from requiring prior authorization for genetic biomarker testing for an enrollee or insured with metastatic or advanced stage 3 or 4 cancer. Died. |
| California | 2020 State Bills California 2020 AB 32152020 legislative sessionRecord details | Other Topics | Died | Establishes the Commission on the State of Hate. Requires the commission to advise the Legislature, the Governor, and state agencies on, among other things, policy recommendations to promote intersocial education designed to foster mutual respect and understanding among California�s diverse population. Appointees to the commission are comprised of experts in combating hate, intolerance, and discrimination on the basis of various factors such as genetic information. Died. |
| California | 2020 State Bills California 2020 SB 14232020 legislative sessionRecord details | Employment Nondiscrimination | Died | Requires any contracting entity that contracts with independent contractors to provide services to, on behalf of, or through the contracting entity on a freelance or per-gig basis, or virtual platform that enables third parties, including independent contractors, to transact with one another for services, or through which independent contractors can market, promote, or advertise their services to third parties, to maintain a written policy against the discrimination of an independent contractor on the basis of genetic information and other factors. Summary based on version of bill as amended on 5/6/2020 when all language from prior introduced version of bill was stricken. Died. |
| Colorado | 2020 State Bills Colorado 2020 HB 11442020 legislative sessionRecord details | Privacy | Died | Establishes the parent's bill of rights. Requirements set forth in the bill include parental written consent before any record of a minor child's blood or DNA is made, shared or stored unless required by law or court order. 02/13/2020 House Committee on State, Veterans, & Military Affairs Postpone Indefinitely. |
| Connecticut | 2020 State Bills Connecticut 2020 SB 1342020 legislative sessionRecord details | Privacy | Died | Requires businesses to disclose the proposed use of any personal information and to give consumers the right to discover what personal information the business possesses. Consumers may opt out of the sale of such information. Personal information is defined to include biometric information such as DNA which can be used to identify an individual. Died. |
| Connecticut | 2020 State Bills Connecticut 2020 SB 2082020 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | Prohibits insurers, health care centers or fraternal benefit societies from purchasing information from direct-to-consumer genetic testing; requesting or requiring that a person disclose this information; or using such information in connection with the issuance, extension, renewal or withholding of an annuity, life insurance or health insurance. Insurers may not make provision of any insurance coverage, benefit, rate or term based on a requirement to undergo genetic testing or the results of a genetic test of an individual's family unless the results are in the individual's medical record. Died. |
| Florida | 2020 State Bills Florida 2020 HB 10592020 legislative sessionRecord details | Privacy | Died | Establishes the parent's bill of rights. Requirements set forth in the bill include parental written consent before any record of a minor child's blood or DNA is made, shared or stored unless required by law or court order. 3/14/2020 Died in Judiciary. |
| Florida | 2020 State Bills Florida 2020 HB 11892020 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination, Privacy | Enacted | Amends the state insurance law pertaining to the use of genetic information. Prohibits life, long-term care, or disability income insurers from: (1) canceling, limiting or denying coverage, or establishing differentials in premium rates, based on genetic information in the absence of a diagnosis; (2) requiring or soliciting genetic information, using genetic test results, or considering a person's actions related to genetic testing for any insurance purpose. 6/30/2020 Approved by the Governor. Effective 7/1/2020. |
| Florida | 2020 State Bills Florida 2020 SB 15642020 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination, Privacy | Died | Specifies criteria that must be met before a life insurer, long-term care insurer, or disability income insurer may use genetic information for underwriting purposes. Prohibits a life, long-term care, or disability income insurer from canceling coverage based solely on genetic information; requiring an applicant to take a genetic test as a condition of insurability; or obtaining, requesting, or otherwise requiring the complete genome sequence of an applicant�s DNA. Requires written consent for companies providing direct-to-consumer commercial genetic testing to share information about a consumer with a life insurer or health insurer. HB 1189 Substituted. Died. |
| Florida | 2020 State Bills Florida 2020 SB 16342020 legislative sessionRecord details | Privacy | Died | Establishes the parent's bill of rights. Requirements set forth in the bill include parental written consent before any record of a minor child's blood or DNA is made, shared or stored unless required by law or court order. 3/14/20/20 Died in Rules. |
| Georgia | 2020 State Bills Georgia 2020 HB 11252020 legislative sessionRecord details | Health Insurance Coverage | Enacted | Requires the state employees' health insurance and benefit plan to cover mammograms and breast imaging for individuals at high risk for breast cancer. Individuals at high risk include those with a known BRCA 1 or 2 mutation based on genetic testing or with a first degree relative with known mutation. Act 587 Effective 1/1/2021. |
| Hawaii | 2020 State Bills Hawaii 2020 HB 25722020 legislative sessionRecord details | Privacy | Died | Modernizes "personal information" for the purposes of security breach of personal information law. Personal information is defined to include a deoxyribonucleic acid profile. Died. |
| Hawaii | 2020 State Bills Hawaii 2020 HB 26762020 legislative sessionRecord details | Health Insurance Coverage | Died | Requires individual policies of accident and health or sickness insurance to provide coverage for genetic counseling and testing related to the BRCAl or BRCA2 genetic mutation, if indicated. Died. |
| Hawaii | 2020 State Bills Hawaii 2020 SB 25392020 legislative sessionRecord details | Health Insurance Coverage | Died | Requires individual policies of accident and health or sickness insurance to provide coverage for genetic counseling and testing related to the BRCAl or BRCA2 genetic mutation, if indicated. Died. |
| Illinois | 2020 State Bills Illinois 2020 HB 46562020 legislative sessionRecord details | Health Insurance Coverage | Died | Amends the Medical Patient Rights Act. Provides that all persons have a right to request an annual breast cancer screening mammogram under the age of 40 if such person has a family history of breast cancer or genetic testing has confirmed likelihood that such person has otherwise tested positive for BRCA1 or BRCA2 mutations. Died. |
| Illinois | 2020 State Bills Illinois 2020 HB 52882020 legislative sessionRecord details | Privacy | Died | Establishes consumer rights to copies of information held by persons who control and process data. Provides for the correction of inaccurate data. Provides for restrictions on the use of personal data. Defines health care information to include a patient's deoxyribonucleic acid. Died. |
| Illinois | 2020 State Bills Illinois 2020 HB 56032020 legislative sessionRecord details | Privacy | Died | Creates the Consumer privacy Act. Personal information is defined to include biometric information such as deoxyribonucleic acid. Provides consumers rights with regard to the collection and use of personal information businesses. Died. |
| Illinois | 2020 State Bills Illinois 2020 SB 30922020 legislative sessionRecord details | Privacy | Died | Amends the Genetic Information privacy Act. Requires informed consent for a person or business to disclose an individual's genetic information to third parties specifically for marketing, advertising, or sales purposes. Died. |
| Kentucky | 2020 State Bills Kentucky 2020 HB 1382020 legislative sessionRecord details | Other Topics | Died | Requires a health facility that provides perinatal care inform each patient, upon admission regarding the patient's right to to be free of discrimination on the basis of various factors, including genetic information. Died. |
| Kentucky | 2020 State Bills Kentucky 2020 HB 212020 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Amends language pertaining to pre-existing condition exclusions in group health insurance. Prohibits group health benefit plan coverage from adjusting premium or contribution amounts for a group covered under the plan on the basis of genetic information. Died. |
| Kentucky | 2020 State Bills Kentucky 2020 HB 4962020 legislative sessionRecord details | Other Topics | Died | Permits a patient to request and receive results of his or her genetic or genetic-related tests. Requires results of genetic or genetic-related tests to be reported and transmitted to a patient who requested the test. Permits a medical laboratory to collect a specimen from a patient for a genetic or genetic-related test requested by the patient. Died. |
| Kentucky | 2020 State Bills Kentucky 2020 SB 1162020 legislative sessionRecord details | Privacy | Died | Establishes the parent's bill of rights. Requirements set forth in the bill include parental written consent before any record of a minor child's blood or DNA is made, shared or stored unless required by law or court order. Died. |
| Louisiana | 2020 State Bills Louisiana 2020 HB 4082020 legislative sessionRecord details | Health Insurance Coverage | Died | Requires coverage of cancer treatment targeting a specific genetic mutation. Prohibits a health coverage plan from denying coverage for a medically necessary drug on the basis that the drug is not indicated for the location in the body of the patient's cancer, if the drug is FDA approved for the treatment of the specific mutation of the patient's cancer. Died. |
| Louisiana | 2020 State Bills Louisiana 2020 SB 2042020 legislative sessionRecord details | Health Insurance Coverage | Enacted | Requires coverage of cancer treatment targeting a specific genetic mutation. Prohibits a health coverage plan from denying coverage for the treatment of a metastatic or unresectable tumor with a medically necessary drug on the sole basis that the drug is not indicated for the location in the body of the patient's cancer, if the drug is FDA approved for the treatment of the specific mutation of the patient's cancer. 6/11/2020 Signed by the Governor. Becomes Act No. 222. Effective 1/1/2021. |
| Maryland | 2020 State Bills Maryland 2020 HB 11202020 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Topics | Enacted | Introduced version: Declares that it is the policy of the state to provide affordable health care to all regardless of various factors, including genetic information. Prohibits discrimination based on genetic information by a hospital; a person licensed or otherwise regulated by the Maryland Department of Health; and a person, including a health maintenance organization, that provides health benefits and has a certificate of authority from issued by the Maryland Department of Insurance. Genetic information removed from protected classes of information upon amendment. Provisions related to genetic information not present in final version of bill. Enacted without Governor's signature 5/8/2020. Effective 10/1/2020. |
| Maryland | 2020 State Bills Maryland 2020 HB 11222020 legislative sessionRecord details | Privacy | Enacted | Requires the University of Maryland to develop and adopt an information security and risk management program for the protection of personally identifiable information. Personally identifiable information is defined to include biometric information such as an individual's DNA. Enacted without Governor's signature 5/8/2020. Effective 10/1/2024. |
| Maryland | 2020 State Bills Maryland 2020 HB 14202020 legislative sessionRecord details | Other Topics | Enacted | Prohibits a hospital from withholding financial assistance or from denying a patient's application for financial assistance based on genetic information. Enacted without Governor's signature 5/8/2020. Effective 10/1/2020. |
| Maryland | 2020 State Bills Maryland 2020 HB 15602020 legislative sessionRecord details | Employment Nondiscrimination | Enacted | Prohibits the Washington Suburban Sanitary Commission from discriminating against a person on the basis of genetic information. Requires that contracts entered into by the Commission include a provision stating that contractors will not to discriminate in any manner against an employee or an applicant for employment based on a variety of factors, including genetic information. Enacted without Governor's signature 5/8/2020. Effective 10/1/2020. |
| Maryland | 2020 State Bills Maryland 2020 HB 16482020 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Establishes the Healthy Maryland Program. Requires the Board to establish requirements and standards to consistent with state nondiscrimination laws, including those pertaining to genetic information. Participating providers may not refuse to provide health care services on the basis of genetic information. Died. |
| Maryland | 2020 State Bills Maryland 2020 HB 16562020 legislative sessionRecord details | Privacy | Died | Requires certain businesses that collect a consumer's personal information, including biometric information such as an individual's DNA, to provide certain clear and conspicuous notices to the consumer at or before the point of collection. Authorizes a consumer to submit a certain request for information to a business that collects the consumer's personal information. Requires a business to comply with a request for information within 45 days after receiving a request. Died. |
| Maryland | 2020 State Bills Maryland 2020 HB 2372020 legislative sessionRecord details | Privacy | Died | Amends the Personal Information Protection Act by adding activity tracking data to the scope of protected information. Activity tracking data is defined to include genetic information; genetic samples; genetic tests of an individual or family member; and requests for or receipt of a genetic test, genetic counseling or genetic education. Died. |
| Maryland | 2020 State Bills Maryland 2020 HB 2552020 legislative sessionRecord details | Other Topics | Died | Prohibits a hospital or related institution from discriminating in admitting or providing care for an individual based on various factors, including genetic information. Died. |
| Maryland | 2020 State Bills Maryland 2020 HB 3072020 legislative sessionRecord details | Privacy | Died | Establishes consumer protections pertaining to the collection, possession, use, disclosure and retention of biometric identifiers. Biometric information is defined to include genetic markers and genetic testing information. Died. |
| Maryland | 2020 State Bills Maryland 2020 HB 3402020 legislative sessionRecord details | Privacy | Died | Amends the definition of biometric information under the Maryland Data privacy act. The definition of biometric information referring to a genetic print is stricken. The revised definition of biometric information includes physiological, biological, or behavioral characteristics, including an individual's DNA, that can be used singly, in combination with each other, or with other identifying data to establish individual identity. Died. |
| Maryland | 2020 State Bills Maryland 2020 HB 7842020 legislative sessionRecord details | Privacy | Died | Requires certain businesses that collect a consumer's personal information, including biometric information such as an individual's DNA, to provide certain clear and conspicuous notices to the consumer at or before the point of collection. Authorizes a consumer to submit a certain request for information to a business that collects the consumer's personal information. Requires a business to comply with a request for information within 45 days after receiving a request. Died. |
| Maryland | 2020 State Bills Maryland 2020 HB 9592020 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Prohibits health insurers, health maintenance organizations, nonprofit health insurance plan or any person or organization that provides health benefits plans from excluding or limiting certain benefits or denying certain coverage based on a health-status related factor, including genetic information. Enacted without Governor's signature 5/8/2020. Effective upon enactment. |
| Maryland | 2020 State Bills Maryland 2020 SB 10642020 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Establishes the Healthy Maryland Program. Requires the Board to establish requirements and standards to consistent with state nondiscrimination laws, including those pertaining to genetic information. Participating providers may not refuse to provide health care services on the basis of genetic information. Died. |
| Maryland | 2020 State Bills Maryland 2020 SB 2012020 legislative sessionRecord details | Privacy | Died | Amends the Personal Information Protection Act by adding activity tracking data to the scope of protected information. Activity tracking data is defined to include genetic information; genetic samples; genetic tests of an individual or family member; and requests for or receipt of a genetic test, genetic counseling or genetic education. Died. |
| Maryland | 2020 State Bills Maryland 2020 SB 2742020 legislative sessionRecord details | Privacy | Died | Amends the definition of biometric information under the Maryland Data privacy act. The definition of biometric information referring to a genetic print is stricken. The revised definition of biometric information includes physiological, biological, or behavioral characteristics, including an individual's DNA, that can be used singly, in combination with each other, or with other identifying data to establish individual identity. Died. |
| Maryland | 2020 State Bills Maryland 2020 SB 5472020 legislative sessionRecord details | Other Topics | Died | Prohibits a hospital or related institution from discriminating in admitting or providing care for an individual based on various factors, including genetic information. Died. |
| Maryland | 2020 State Bills Maryland 2020 SB 5882020 legislative sessionRecord details | Privacy | Died | Requires the University of Maryland to develop and adopt an information security and risk management program for the protection of personally identifiable information, including biometric information. Biometric information is defined as physiological, biological, or behavioral characteristics, including an individual's DNA, that can be used singly, in combination with each other, or with other identifying data to establish individual identity. Died. |
| Maryland | 2020 State Bills Maryland 2020 SB 7382020 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Topics | Died | Declares that it is the policy of the state to provide affordable health care to all regardless of various factors, including genetic information. Prohibits discrimination based on genetic information by a hospital; a person licensed or otherwise regulated by the Maryland Department of Health; and a person, including a health maintenance organization, that provides health benefits and has a certificate of authority from issued by the Maryland Department of Insurance. Died. |
| Maryland | 2020 State Bills Maryland 2020 SB 8722020 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Prohibits health insurers, health maintenance organizations, nonprofit health insurance plan or any person or organization that provides health benefits plans from excluding or limiting certain benefits or denying certain coverage based on a health-status related factor, including genetic information. Enacted without Governor's signature 5/8/2020. Effective upon enactment. |
| Maryland | 2020 State Bills Maryland 2020 SB 8752020 legislative sessionRecord details | Other Topics | Died | Prohibits a hospital from withholding financial assistance or from denying a patient's application for financial assistance based on genetic information. Died. |
| Maryland | 2020 State Bills Maryland 2020 SB 9572020 legislative sessionRecord details | Privacy | Died | Requires certain businesses that collect a consumer's personal information, including biometric information such as an individual's DNA, to provide certain clear and conspicuous notices to the consumer at or before the point of collection. Authorizes a consumer to submit a certain request for information to a business that collects the consumer's personal information. Requires a business to comply with a request for information within 45 days after receiving a request. Died. |
| Massachusetts | 2020 State Bills Massachusetts 2020 H.48602020 legislative sessionRecord details | Privacy | Died | Prohibits a public agency or public official from: (1) acquiring, possessing, accessing, using, or assisting with the use of or provide resources for the development or use of any biometric surveillance system, or (2) entering into a contract with or making a request to any third party for the purpose of acquiring, possessing, accessing or using information derived from a biometric surveillance system, unless expressly authorized by law. Biometric data is defined to include deoxyribonucleic acid. Died. |
| Massachusetts | 2020 State Bills Massachusetts 2020 H.48862020 legislative sessionRecord details | Privacy | Died | Prohibits a public agency or public official from: (1) acquiring, possessing, accessing, using, or assisting with the use of or provide resources for the development or use of any biometric surveillance system, or (2) entering into a contract with or making a request to any third party for the purpose of acquiring, possessing, accessing or using information derived from a biometric surveillance system, unless expressly authorized by law. Biometric data is defined to include deoxyribonucleic acid. Died. |
| Massachusetts | 2020 State Bills Massachusetts 2020 S.18982020 legislative sessionRecord details | Other Topics | Died | Prohibits any person whose business includes sponsoring, guaranteeing or granting funds or engaging in investment transactions from discriminating against any person in the sponsoring, guaranteeing or granting of funds or making available such funds, because of various factors, including genetic information. 2/27/2020 Accompanied study order. Died. |
| Massachusetts | 2020 State Bills Massachusetts 2020 S.25642020 legislative sessionRecord details | Other Topics | Died | Requires that certain state entities make a dedicated effort to encourage diversity and advance equity based on race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, ancestry, disability, and language in any recommendations, policies, programs and initiatives developed. 1/5/2021 In Senate. No further action taken. Died. |
| Massachusetts | 2020 State Bills Massachusetts 2020 S.28002020 legislative sessionRecord details | Privacy | Died | Prohibits an agency, executive office, department, board, commission, bureau, division or authority of the commonwealth or a political subdivision thereof, or any agent, contractor or subcontractor thereof, from acquiring, possessing, accessing or using any biometric surveillance system or any information derived from a biometric surveillance system operated by another entity. Allows certain exceptions such as the use of facial recognition technology by the registrar or motor vehicles. Biometric data is defined to include deoxyribonucleic acid. 7/14/20 Passed to be engrossed. Reprinted as amended, see S2820. Died. |
| Massachusetts | 2020 State Bills Massachusetts 2020 S.28202020 legislative sessionRecord details | Privacy | Died | Prohibits an agency, executive office, department, board, commission, bureau, division or authority of the commonwealth or a political subdivision thereof, or any agent, contractor or subcontractor thereof, from acquiring, possessing, accessing or using any biometric surveillance system or any information derived from a biometric surveillance system operated by another entity. Allows certain exceptions such as the use of facial recognition technology by the registrar or motor vehicles. Biometric data is defined to include deoxyribonucleic acid. 11/30/2020 Reported out of Senate Conference Committee. See S2963 for report. Died. |
| Minnesota | 2020 State Bills Minnesota 2020 HF 30962020 legislative sessionRecord details | Privacy | Died | Establishes requirements with regard to collection, sale of, and access to personal information by businesses. Personal information is defined to include genetic information. Died. |
| Minnesota | 2020 State Bills Minnesota 2020 HF 36452020 legislative sessionRecord details | Privacy | Died | Establishes the parent's bill of rights. Requirements set forth in the bill include parental written consent before any record of a minor child's blood or DNA is made, shared or stored unless required by law or court order. Died. |
| Minnesota | 2020 State Bills Minnesota 2020 HF 39362020 legislative sessionRecord details | Privacy | Died | The controller of a legal entity that conducts business in the state may not process sensitive data concerning a consumer without obtaining the consumer's consent, or, in the case of the processing of personal data concerning a known child, without obtaining consent from the child's parent or lawful guardian, in accordance with the children's online privacy protection act requirements. Sensitive data is defined to include genetic or biometric data for the purpose of uniquely identifying a person. The law does not apply to various types of information and entities such as protected health information under HIPAA and identifiable private information according to federal policy for the protection of human subjects. Died. |
| Minnesota | 2020 State Bills Minnesota 2020 SF 35132020 legislative sessionRecord details | Privacy | Died | Establishes the parent's bill of rights. Requirements set forth in the bill include parental written consent before any record of a minor child's blood or DNA is made, shared or stored unless required by law or court order. Died. |
| Minnesota | 2020 State Bills Minnesota 2020 SF 42472020 legislative sessionRecord details | Privacy | Died | Establishes the Minnesota Consumer Data privacy Act. Gives various rights to consumers regarding personal data. Personal data includes the processing of genetic or biometric data for the purpose of uniquely identifying a person. Places obligations on businesses regarding consumer data. Died. |
| Missouri | 2020 State Bills Missouri 2020 HB 16162020 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Prohibits a health carrier offering group health_insurance_coverage in connection with a group health plan from adjusting premium or contribution amounts for the group covered under such plan on the basis of genetic information. Such health carriers may request, but shall not require, that a participant or beneficiary undergo a genetic test if certain conditions are met. Died. |
| Missouri | 2020 State Bills Missouri 2020 HB 23752020 legislative sessionRecord details | Privacy | Died | Prohibits a person or entity from disclosing, obtaining, retaining, or using any biometric data about an individual, including DNA, with whom the person or entity is engaged in trade or commerce for any purpose other than that which the individual reasonably expects. Died. |
| Nebraska | 2020 State Bills Nebraska 2020 LB 9482020 legislative sessionRecord details | Health Insurance Coverage | Died | Requires individual or group sickness and accident insurance policies or subscriber contracts; hospital, medical, or surgical expense-incurred policies; and any self-funded employee benefit plan to the extent not preempted by federal law shall to provide coverage for screening digital breast tomosynthesis and digital magnetic resonance imaging if a woman 40 or older has positive genetic testing. Died. |
| New Hampshire | 2020 State Bills New Hampshire 2020 HB 14172020 legislative sessionRecord details | Privacy | Died | Prohibits private entities from requiring an individual to disclose or provide biometric data, including DNA, as a condition of doing business with, engaging in any business activity or relationship with, or obtaining services from that private entity, unless the good, service, or activity provided by the private entity cannot be provided without the collection of biometric information from an individual. A private entity may not collect, use, or retain the biometric information of an individual without the individual's consent and shall not condition access to its good, service, or activity on the provision of biometric data. Died. |
| New Hampshire | 2020 State Bills New Hampshire 2020 HB 16802020 legislative sessionRecord details | Privacy | Died | Grants consumers the right to request that a business disclose the type of personal information it collects, the purpose for which it is collected, and the categories of third parties with which it is shared. Authorizes consumers to opt out of the sale of their personal information. Personal information is defined to include biometric information such as an individual's DNA. 10/29/2020 Interim Study Report: Recommended for Future Legislation (Vote 10-5). Died. |
| New Jersey | 2020 State Bills New Jersey 2020 A11702020 legislative sessionRecord details | Privacy | Died | Makes DNA samples and genetic information resulting from DNA analysis property of the person sampled or analyzed. Died. |
| New Jersey | 2020 State Bills New Jersey 2020 A22162020 legislative sessionRecord details | Other Topics | Died | Prohibits discrimination in health programs or activities based on certain factors, including genetic information. Died. |
| New Jersey | 2020 State Bills New Jersey 2020 A44622020 legislative sessionRecord details | Employment Nondiscrimination | Died | Declares that it is an unlawful employment practice for an employer based on certain factors to require an employee who is the parent or legal guardian of a school aged child to be physically present for work, when that work can be performed remotely, during the public health emergency and state of emergency declared by the Governor. Specified factors include genetic information or the refusal to submit to a genetic test or make available the results of a genetic test. Died. |
| New Jersey | 2020 State Bills New Jersey 2020 A46972020 legislative sessionRecord details | Health Insurance Coverage | Died | Requires a hospital service corporation that provides hospital or medical expense benefits to provide coverage for screening to determine whether genetic counseling related to the BRCA1 or BRCA2 genetic mutations is indicated; genetic counseling; and if indicated, BRCA testing. Died. |
| New Jersey | 2020 State Bills New Jersey 2020 A48922020 legislative sessionRecord details | Employment Nondiscrimination | Died | Creates the State Anti-Harassment and Workplace Discrimination Act. Declares that it is an unlawful employment practice and unlawful discrimination, for any person, whether an employee or applicant for employment, or intern or volunteer, in any State agency or Gubernatorial Transition Office, or person doing business with the State to discriminate against or harass an employee or applicant for employment, or intern or volunteer, based upon certain protected categories, genetic information. Died. |
| New Jersey | 2020 State Bills New Jersey 2020 AJR 1552020 legislative sessionRecord details | Other Topics | Died | Establishes New Jersey Pharmacogenomics Commission. Died. |
| New Jersey | 2020 State Bills New Jersey 2020 S 30782020 legislative sessionRecord details | Employment Nondiscrimination | Died | Creates the State Anti-Harassment and Workplace Discrimination Act. Declares that it is an unlawful employment practice and unlawful discrimination, for any person, whether an employee or applicant for employment, or intern or volunteer, in any State agency or Gubernatorial Transition Office, or person doing business with the State to discriminate against or harass an employee or applicant for employment, or intern or volunteer, based upon certain protected categories, genetic information. Died. |
| New Jersey | 2020 State Bills New Jersey 2020 S11362020 legislative sessionRecord details | Other Topics | Died | Prohibits discrimination in health programs or activities based on certain factors, including genetic information. Died. |
| New Jersey | 2020 State Bills New Jersey 2020 S20692020 legislative sessionRecord details | Privacy | Died | Exempts certain health information, including genetic information, contained in 9-1-1 calls from definition of government record. Died. |
| New Jersey | 2020 State Bills New Jersey 2020 S2692020 legislative sessionRecord details | Privacy | Died | Requires certain businesses to notify data subjects of collection of personally identifiable information and establishes certain security standards. Personally identifiable information is defined to include biometric information such as DNA. Died. |
| New Jersey | 2020 State Bills New Jersey 2020 SJR 252020 legislative sessionRecord details | Other Topics | Died | Establishes New Jersey Pharmacogenomics Commission. Died. |
| New York | 2020 State Bills New York 2020 A105832020 legislative sessionRecord details | Privacy | Died | Imposes requirements for the collection and use of emergency health data and personal information and the use of technology to aid during the COVID-19 public health emergency. Requires entities using technology to get consent from individuals and to disclose certain information including the right to privacy and who will have access to the data. Emergency health data is defined to include genetic data. Died. |
| New York | 2020 State Bills New York 2020 A95052020 legislative sessionRecord details | Employment Nondiscrimination | Enacted | Declares that it is the policy of the state and all its political subdivisions to ensure a fair, non-biased compensation structure for all employees. Status within one or more protected class or classes may not be considered directly or indirectly in determining proper compensation or pay for any individual or group of employees, and no employee with status within one or more protected class to classes may be paid a wage at a rate less than the rate at which an employee without status within the protected class or classes in same establishment is paid for similar work. Protected class includes predisposing genetic characteristic. 4/3/2020 Signed by the Governor. |
| New York | 2020 State Bills New York 2020 A95062020 legislative sessionRecord details | Other Topics | Enacted | Requires the state university of New York to issue a request for proposals to partner with hospitals both within the state university of New York and other not-for-profit hospitals and non-profit higher education research institutions to map the genomes of individuals suffering from or at risk of Alzheimer's. 4/3/2020 Signed by the Governor. |
| New York | 2020 State Bills New York 2020 S41092020 legislative sessionRecord details | Employment Nondiscrimination | Died | Prohibits discrimination or harassment based predisposing genetic characteristics of non-employees in the workplace. Died. |
| New York | 2020 State Bills New York 2020 S75052020 legislative sessionRecord details | Employment Nondiscrimination | Enacted | Declares that it is the policy of the state and all its political subdivisions to ensure a fair, non-biased compensation structure for all employees. Status within one or more protected class or classes may not be considered directly or indirectly in determining proper compensation or pay for any individual or group of employees, and no employee with status within one or more protected class to classes may be paid a wage at a rate less than the rate at which an employee without status within the protected class or classes in same establishment is paid for similar work. Protected class includes predisposing genetic characteristic. 4/3/2020 Signed by the Governor. |
| New York | 2020 State Bills New York 2020 S75062020 legislative sessionRecord details | Other Topics | Enacted | Requires the state university of New York to issue a request for proposals to partner with hospitals both within the state university of New York and other not-for-profit hospitals and non-profit higher education research institutions to map the genomes of individuals suffering from or at risk of Alzheimer's. 4/3/2020 Signed by the Governor. |
| New York | 2020 State Bills New York 2020 S84482020 legislative sessionRecord details | Privacy | Died | Imposes requirements for the collection and use of emergency health data and personal information and the use of technology to aid during the COVID-19 public health emergency. Requires entities using technology to get consent from individuals and to disclose certain information including the right to privacy and who will have access to the data. Emergency health data is defined to include genetic data. Died. |
| New York | 2020 State Bills New York 2020 S90732020 legislative sessionRecord details | Privacy | Died | Establishes the It's Your Data Act for the purposes of providing protections and transparency in the collection, use, retention, and sharing of personal information. Biometric information, which is defined to include DNA, is considered protected information. Died. |
| New York | 2020 State Bills New York 2020 S90732020 legislative sessionRecord details | Privacy | Died | Establishes the It's Your Data Act to provide protections and transparency in the collection use retention and sharing of personal information. Personal information is defined to include biometric information such as a DNA sequence. Referred to Rules 10/28/2020. Died. |
| North Carolina | 2020 State Bills North Carolina 2020 S7862020 legislative sessionRecord details | Employment Nondiscrimination | Died | Amends genetic nondiscrimination in employment statute. Deletes existing provision related to genetic information and adds protected classes or protected categories, which is defined to include predisposing genetic characteristics. Died. |
| Ohio | 2020 State Bills Ohio 2020 HB 6492020 legislative sessionRecord details | Privacy | Died | Requires a health care provider to obtain an individual's informed consent prior to testing for the presence or absence of a communicable life-threatening disease or infection or immune response to disease or infection that is the subject of an epidemic or pandemic. The results of an individual's test, including any partial or complete biometric record of an individual's DNA sequence is the property of the individual and may only be transmitted to the individual tested. 5/27/20 Referred to Committee on State and Local Government. Died. |
| Oklahoma | 2020 State Bills Oklahoma 2020 HB 28672020 legislative sessionRecord details | Employment Nondiscrimination | Died | Prohibits discrimination in the selection of job applications, interviewing of job applicants, hiring of job applicants, firing of employees, treatment of employees, or payment of wages on the basis of genetic information. Died. |
| Rhode Island | 2020 State Bills Rhode Island 2020 S24302020 legislative sessionRecord details | Privacy | Died | Creates the Consumer privacy Protection Act. Establishes requirements for the collection, use, sale, retention and disclosure of personal information by businesses. Personal information is defined to include biometric information such as DNA. Died. |
| South Carolina | 2020 State Bills South Carolina 2020 SB 48122020 legislative sessionRecord details | Privacy | Died | Sets forth requirements for the collection and use of consumer biometric information by businesses. Biometric information is defined to include an individual's DNA. Died. |
| Tennessee | 2020 State Bills Tennessee 2020 HB 25672020 legislative sessionRecord details | Privacy | Died | Establishes the parent's bill of rights. Requirements set forth in the bill include parental written consent before any record of a minor child's blood or DNA is made, shared or stored unless required by law or court order. Died. |
| Tennessee | 2020 State Bills Tennessee 2020 HB 7522020 legislative sessionRecord details | Privacy | Died | Allows the recipient of an organ transplant and referral hospital to examine all genetic records of the donor or prospective donor unless prohibited by any other law. Died. |
| Tennessee | 2020 State Bills Tennessee 2020 SB 10812020 legislative sessionRecord details | Privacy | Died | Allows the recipient of an organ transplant and referral hospital to examine all genetic records of the donor or prospective donor unless prohibited by any other law. Died. |
| Tennessee | 2020 State Bills Tennessee 2020 SB 18412020 legislative sessionRecord details | Privacy | Died | Prohibits a direct-to-consumer genetic testing business entity from sharing personally identifiable genetic test data or other personally identifiable information about a consumer with a third party without the express written consent of the consumer or a subpoena or court order. Died. |
| Tennessee | 2020 State Bills Tennessee 2020 SB 27262020 legislative sessionRecord details | Privacy | Died | Establishes the parent's bill of rights. Requirements set forth in the bill include parental written consent before any record of a minor child's blood or DNA is made, shared or stored unless required by law or court order. Died. |
| Utah | 2020 State Bills Utah 2020 HB 2312020 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination | Died | Removes provisions regulating an employer's and a health insurer's use of personal genetic information. Died. |
| Utah | 2020 State Bills Utah 2020 HB 2652020 legislative sessionRecord details | Privacy | Died | Requires government agencies to provide an annual report to the state auditor detailing the collection, use, and disclosure of personally identifying information, including DNA. Died. |
| Vermont | 2020 State Bills Vermont 2020 H6252020 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health insurance and Medicaid coverage for chromosomal microarray analysis. Died. |
| Vermont | 2020 State Bills Vermont 2020 H8942020 legislative sessionRecord details | Privacy | Died | Prohibits the state sale of personally identifiable information, including genetic information. Died. |
| Vermont | 2020 State Bills Vermont 2020 S1972020 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Topics, Other Lines of Insurance Nondiscrimination | Died | Prohibits discrimination based on an individual�s genetic information in relation to employment, labor relations, insurance coverage, and the provision of social and medical services. In some areas such as employment and insurance existing genetic nondiscrimination law are amended. Died. |
| Virginia | 2020 State Bills Virginia 2020 HB 12522020 legislative sessionRecord details | Employment Nondiscrimination | Enacted | Prohibits a sponsor of a registered apprenticeship program from discriminating against an apprentice or applicant for apprenticeship on the basis of various factors, including genetic information. 4/22/20 House: Enacted, Chapter 1228. Effective 7/1/20. |
| Virginia | 2020 State Bills Virginia 2020 HB 4732020 legislative sessionRecord details | Privacy | Died | Gives consumers the right to access their data and determine if it has been sold to a data broker. Requires a controller, defined in the bill as a person that, alone or jointly with others, determines the purposes and means of the processing of personal data, to facilitate requests to exercise consumer rights regarding access, correction, deletion, restriction of processing, data portability, objection, and profiling. The measure also (i) requires transparent processing of personal data through a privacy notice, (ii) requires controllers to disclose if they process personal data for direct marketing or sell it to data brokers, and (iii) requires controllers to conduct a risk assessment of each of their processing activities involving personal data and an additional risk assessment any time there is a change in processing that materially increases the risk to consumers. The measure applies to any legal entity that conducts business in the Commonwealth or produces products or services that are intentionally targeted to residents of the Commonwealth and that (a) controls or processes personal data of not fewer than 100,000 consumers or (b) derives over 50 percent of gross revenue from the sale of personal data and processes or controls personal data of not fewer than 25,000 customers. Sensitive data includes genetic or biometric data. Died. |
| Virginia | 2020 State Bills Virginia 2020 HB 5532020 legislative sessionRecord details | Employment Nondiscrimination | Died | Requires the legislative branch of the Commonwealth to develop a policy on workplace harassment. Workplace harassment is defined as any unwelcome verbal, written, or physical conduct that either denigrates or shows hostility or aversion toward a person on the basis of various factors, including genetics. Died. |
| Washington | 2020 State Bills Washington 2020 HB 22732020 legislative sessionRecord details | Other Topics | Died | Creates a study committee on human genome editing. Died. |
| Washington | 2020 State Bills Washington 2020 HB 24852020 legislative sessionRecord details | Privacy | Died | Enacts measures to safeguard the privacy, confidentiality, security, and integrity of a consumer's genetic data resulting from direct-to-consumer genetic testing. Died. |
| Washington | 2020 State Bills Washington 2020 HB 27422020 legislative sessionRecord details | Privacy | Died | Requires controller who determines the purposes and means of the processing of personal data to obtain consent prior to processing sensitive data, including genetic data. Controllers must conduct an assessment of activities pertaining to the processing of sensitive data. Died. |
| Washington | 2020 State Bills Washington 2020 HB 29282020 legislative sessionRecord details | Privacy | Died | Establishes the parent's bill of rights. Requirements set forth in the bill include parental written consent before any record of a minor child's blood or DNA is made, shared or stored unless required by law or court order. Died. |
| Washington | 2020 State Bills Washington 2020 SB 62812020 legislative sessionRecord details | Privacy | Died | Requires controller who determines the purposes and means of the processing of personal data to obtain consent prior to processing sensitive data, including genetic data. Controllers must conduct an assessment of activities pertaining to the processing of sensitive data. Died. |
| Washington | 2020 State Bills Washington 2020 SB 66642020 legislative sessionRecord details | Privacy | Died | Establishes the parent's bill of rights. Requirements set forth in the bill include parental written consent before any record of a minor child's blood or DNA is made, shared or stored unless required by law or court order. Died. |
| West Virginia | 2020 State Bills West Virginia 2020 HB 22242020 legislative sessionRecord details | Health Insurance Coverage | Died | Requires insurance coverage of a comprehensive ultrasound screening of breast if a woman is believed to be at increased risk of cancer based on several factors, including positive genetic testing. Died. |
| Wisconsin | 2020 State Bills Wisconsin 2020 AB 8702020 legislative sessionRecord details | Privacy | Died | Requires controllers of consumers' personal data to provide a consumer with copies of the consumer's personal data processed by the controller. Personal data includes genetic information. 4/1/2020 Failed to pass pursuant to Senate Joint Resolution 1. |
| Wisconsin | 2020 State Bills Wisconsin 2020 AB 8712020 legislative sessionRecord details | Privacy | Died | Sets forth requirements regarding the deletion of consumer personal data, including genetic data, by controllers. 4/1/2020 Failed to pass pursuant to Senate Joint Resolution 1. |
| Wisconsin | 2020 State Bills Wisconsin 2020 AB 8722020 legislative sessionRecord details | Privacy | Died | Establishes requirements on controllers that process consumers' personal data, including genetic data. 4/1/2020 Failed to pass pursuant to Senate Joint Resolution 1. |
| Wisconsin | 2020 State Bills Wisconsin 2020 SB 8512020 legislative sessionRecord details | Privacy | Died | Establishes requirements for businesses related to personal information such as biometric information collected about consumers. Biometric information is defined to include DNA. 4/1/2020 Failed to pass pursuant to Senate Joint Resolution 1. |
| Minnesota | 2021 State Bills Minnesota 2021 HF 822021 legislative sessionRecord details | Other Topics | Pending | Establishes a grant program within the health department to award grants to persons, organizations, and entities to fund research studies on the evidence needed to: (1) support payer reimbursement and funding of pharmacogenomics (PGx) testing; (2) determine and validate new PGx variants in diverse populations such as Native Americans and Somali groups; (3) determine ethical, legal, and social implications of PGx; (4) determine the technical aspects needed to protect data and privacy as it relates to PGx; and (5) determine the education needed for successful PGx implementation. Carries over to 2022 session. . |
| Alabama | 2021 State Bills Alabama 2021 HB 2162021 legislative sessionRecord details | Privacy | Died | Creates the Alabama Consumer privacy Act. Allows a consumer to request that a business: (1) disclose personal information that it collects; (2) delete certain personal information; (3) disclose the sale of certain personal information to third parties; and (4) allow a consumer to opt out of the sale of personal information. Prohibits a business from retaliating against a consumer for making a request for disclosure or for opting out and from selling the personal information of a consumer under 18 years of age. Personal information is defined to include biometric information such as DNA. Died. |
| Alaska | 2021 State Bills Alaska 2021 HB 1592021 legislative sessionRecord details | Privacy | Died | Establishes the Consumer Data privacy Act. Requires businesses to notify consumers before the collection of personal information. Consumers may opt out of the sale of personal information. Businesses must maintain privacy policies available online describing consumer's privacy rights such as the designated methods in which the consumer can request access or deletion of personal information. Biometric information, including deoxyribonucleic acid, is considered personal information. Carries over to 2022 session. |
| Alaska | 2021 State Bills Alaska 2021 SB 1162021 legislative sessionRecord details | Privacy | Died | Establishes the Consumer Data privacy Act. Requires businesses to notify consumers before the collection of personal information. Consumers may opt out of the sale of personal information. Businesses must maintain privacy policies available online describing consumer's privacy rights such as the designated methods in which the consumer can request access or deletion of personal information. Biometric information, including deoxyribonucleic acid, is considered personal information. Carries over to 2022 session. |
| California | 2021 State Bills California 2021 AB 1142021 legislative sessionRecord details | Health Insurance Coverage | Enacted | Rapid Whole Genome Sequencing, including individual sequencing, trio sequencing for a parent or parents and their baby, and ultra-rapid sequencing, is a covered benefit for any Medi-Cal beneficiary who is one year of age or younger and is receiving inpatient hospital services in an intensive care unit. Carries over to 2022. |
| California | 2021 State Bills California 2021 AB 14002021 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Creates the California Guaranteed Health Care for All program, or CalCare, to provide comprehensive universal single-payer health care coverage and a health care cost control system for the benefit of all residents of the state. Declares that all California residents regardless of various characteristics, including genetic information, are entitled to full and equal accommodations, advantages, facilities, privileges, or services in all health care providers participating in CalCare. Carries over to 2022. |
| California | 2021 State Bills California 2021 AB 15202021 legislative sessionRecord details | Health Insurance Coverage | Died | A health insurance policy that is issued, amended, or renewed on or after January 1, 2022, may not apply a deductible, copayment, or coinsurance to coverage for screening services for prostate cancer for an insured who meets certain criteria. A person is 40 years of age or older and who is high risk, as determined by the attending or treating health care provider meets the criteria. High risk includes, but is not limited to, a person with a prostate who is Black, has a family history of prostate cancer, has a genetic predisposition to prostate cancer, or is a veteran. Carries over to 2022. |
| California | 2021 State Bills California 2021 AB 172021 legislative sessionRecord details | Other Topics | Died | A certified peace officer must have their certificate suspended or revoked, and an applicant must have their application for a certificate denied, upon a determination that the peace officer or applicant meets certain conditions. Requires the development of a definition of �serious misconduct," which will serve as the criteria to be considered for suspension or revocation of a certificate. This definition must include certain examples of serious misconduct such as bias in the performance of a peace officer or custodial officer�s duties, including, but not limited to, verbal statements, writings, online posts, recordings, and gestures involving prejudice or discrimination against a person on the basis of genetic information. Carries over to 2022. |
| California | 2021 State Bills California 2021 AB 1722021 legislative sessionRecord details | Privacy, Research | Enacted | Abolishes the Office of Health Information Integrity and the Office of Patient Advocate. Establishes the Center for Data Insights and Innovation within the California Health and Human Services Agency, and transfers the duties of the Office of Health Information Integrity and the Office of Patient Advocate to the center. Requires the center to: (1) assume responsibility for administering the State Committee for the Protection of Human Subjects; (2) keep all personal information obtained by the center confidential, as specified; and (3) meet various requirements with regard to the disclosure of information, including the development of a comprehensive program regarding the disclosure of information to qualified researchers according to specified data use agreements. 10/8/21 Approved by the Governor. Effective immediately. |
| California | 2021 State Bills California 2021 AB 602021 legislative sessionRecord details | Other Topics | Died | A certified peace officer must have their certificate suspended or revoked, and an applicant must have their application for a certificate denied, upon a determination that the peace officer or applicant meets certain conditions. Requires the development of a definition of �serious misconduct," which will serve as the criteria to be considered for suspension or revocation of a certificate. This definition must include certain examples of serious misconduct such as bias in the performance of a peace officer or custodial officer�s duties, including, but not limited to, verbal statements, writings, online posts, recordings, and gestures involving prejudice or discrimination against a person on the basis of genetic information. Carries over to 2022. |
| California | 2021 State Bills California 2021 AB 8252021 legislative sessionRecord details | Privacy | Enacted | Amends existing law to protect the privacy and security of computerized data, including personal information, owned or licensed by an agency. This bill adds genetic data to the scope of personal information under the law. Genetic data is defined as any data that results from the analysis of a biological sample of an individual, or from another source enabling equivalent information to be obtained, and concerns genetic material. Genetic material includes, but is not limited to, deoxyribonucleic acids (DNA), ribonucleic acids (RNA), genes, chromosomes, alleles, genomes, alterations or modifications to DNA or RNA, single nucleotide polymorphisms (SNPs), uninterpreted data that results from analysis of the biological sample or other source, and any information extrapolated, derived, or inferred therefrom. 10/5/21 Approved by the Governor. Effective 1/1/2022. |
| California | 2021 State Bills California 2021 AB 9482021 legislative sessionRecord details | Other Topics | Enacted | Prohibits any person or other entity whose business includes performing appraisals of residential real property from discriminating against any person in making available those services, or in the performance of those services, because of various characteristics, including genetic information. Requires every contract for the sale of real property to contain a notice regarding improper or illegal considerations such as genetic information in appraisal of property. 10/5/21 Approved by the Governor. Effective 1/1/2022. |
| Connecticut | 2021 State Bills California 2021 HB 50172021 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health_insurance_coverage for genetic cystic fibrosis screenings for women. Died. |
| California | 2021 State Bills California 2021 SB 162021 legislative sessionRecord details | Other Topics | Enacted | States that certain peace officer or custodial officer personnel records and records maintained by a state or local agency are not confidential and are should be made available for public inspection. Such records include those relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the based on various characteristics, including genetic information. 10/5/21 Approved by the Governor. Effective 1/1/2022. |
| California | 2021 State Bills California 2021 SB 1722021 legislative sessionRecord details | Privacy, Research | Pending | Abolishes the Office of Health Information Integrity and the Office of Patient Advocate. Establishes the Center for Data Insights and Innovation within the California Health and Human Services Agency, and transfer the duties of the Office of Health Information Integrity and the Office of Patient Advocate to the center. Requires the center to: (1) assume responsibility for administering the State Committee for the Protection of Human Subjects; (2) keep all personal information obtained by the center confidential, as specified; and (3) meet various requirements with regard to the disclosure of information, including the development of a comprehensive program regarding the disclosure of information to qualified researchers according to specified data use agreements. Carries over to 2022. |
| California | 2021 State Bills California 2021 SB 22021 legislative sessionRecord details | Other Topics | Enacted | States that certain peace officer or custodial officer personnel records and records maintained by a state or local agency are not confidential and are should be made available for public inspection. Such records include those relating to an incident in which a sustained finding was made by any law enforcement agency or oversight agency that a peace officer or custodial officer engaged in conduct including, but not limited to, verbal statements, writings, online posts, recordings, and gestures, involving prejudice or discrimination against a person on the based on various characteristics, including genetic information. 9/30/2021 Approved by the Governor. Effective 1/1/2022. |
| California | 2021 State Bills California 2021 SB 2552021 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Authorizes an association of employers to offer a large group health care service plan contract or large group health insurance policy to small group employer members of the association consistent with federal Employee Retirement Income Security Act of 1974, if certain requirements are met. A policy or contract that is offered to or covers a small employer may not establish rules for eligibility, including continued eligibility, of an individual, or dependent of an individual, to enroll under the terms of the policy or contract based on various health status-related factors such as genetic information. 10/8/2021 Approved by the Governor. Effective 1/1/2022. |
| California | 2021 State Bills California 2021 SB 3262021 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Authorizes an association of employers to offer a large group health care service plan contract or large group health insurance policy to small group employer members of the association consistent with federal Employee Retirement Income Security Act of 1974, if certain requirements are met. A policy or contract that is offered to or covers a small employer may not establish rules for eligibility, including continued eligibility, of an individual, or dependent of an individual, to enroll under the terms of the policy or contract based on various health status-related factors such as genetic information. 10/9/2021 Approved by the Governor. Effective 1/1/2022. |
| California | 2021 State Bills California 2021 SB 412021 legislative sessionRecord details | Privacy, Research | Enacted | Creates the Genetic Information privacy Act. Requires a direct-to-consumer genetic testing company to do the following: (1) provide clear and complete information regarding the company�s policies and procedures for the collection, use, maintenance, and disclosure of genetic data; and (2) obtain a consumer�s express consent for collection, use, and disclosure of the consumer�s genetic data including, at a minimum, separate and express consent for each circumstance specified. Genetic data is defined as any data, regardless of its format, that results from the analysis of a biological sample from a consumer, or from another element enabling equivalent information to be obtained, and concerns genetic material. Genetic material includes, but is not limited to, deoxyribonucleic acids (DNA), ribonucleic acids (RNA), genes, chromosomes, alleles, genomes, alterations or modifications to DNA or RNA, single nucleotide polymorphisms (SNPs), uninterpreted data that results from the analysis of the biological sample, and any information extrapolated, derived, or inferred therefrom. Genetic data does not include deidentified data or data or a biological sample that is collected, used, maintained, and disclosed exclusively for scientific research conducted by an investigator with an institution that holds an assurance with the United States Department of Health and Human Services pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations, in compliance with all applicable federal and state laws and regulations for the protection of human subjects in research. 10/6/2021 Approved by the Governor. Chaptered by Secretary of State. Chapter 596, Statutes of 2021. Effective January 1, 2022. |
| California | 2021 State Bills California 2021 SB 4802021 legislative sessionRecord details | Other Topics | Died | require the Metropolitan Water District of Southern California to adopt rules relating to inappropriate conduct, as defined, by board members, officers, and employees. Inappropriate conduct is defined as any conduct toward others that is physical, verbal, or visual based on or because of various characteristics, including genetic information. Carries over to 2022. |
| Connecticut | 2021 State Bills California 2021 SB 66262021 legislative sessionRecord details | Health Insurance Coverage | Died | Requires individual health insurance policies to provide coverage for diagnostic and screening mammograms under certain circumstances. Positive genetic testing for the harmful variant of breast cancer gene one, breast cancer gene two or any other gene variant that materially increases the insured's risk for breast cancer fulfills the criteria for required coverage. Died. |
| California | 2021 State Bills California 2021 SB 7182021 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Authorizes an association of employers to offer a large group health care service plan contract or large group health insurance policy to small group employer members of the association consistent with federal Employee Retirement Income Security Act of 1974, if certain requirements are met. A policy or contract that is offered to or covers a small employer may not establish rules for eligibility, including continued eligibility, of an individual, or dependent of an individual, to enroll under the terms of the policy or contract based on various health status-related factors such as genetic information. 10/8/21 Approved by the Governor. Effective 1/1/2022. |
| Colorado | 2021 State Bills Colorado 2021 SB 1322021 legislative sessionRecord details | Privacy | Died | Concerns a study of consumer protection regulation of digital communications platforms. Introduced version included a provision related to sensitive data such as genetic data. However, this provision was deleted from the engrossed version of the bill. Died. |
| Colorado | 2021 State Bills Colorado 2021 SB 1902021 legislative sessionRecord details | Privacy | Enacted | Creates the Colorado privacy Act. Prohibits the processing of a consumer's sensitive data without first obtaining the consumer's consent. Sensitive data includes genetic or biometric that may be processed for the purpose of uniquely identifying an individual. 7/7/2021 Governor signed. Effective July 1, 2024. |
| Connecticut | 2021 State Bills Connecticut 2021 HB 53642021 legislative sessionRecord details | Other Topics | Died | Creates a penalty for the unauthorized public photography of an individual with a genetic or medical condition. Died. |
| Connecticut | 2021 State Bills Connecticut 2021 HB 56872021 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health_insurance_coverage, without any out-of-pocket expense, for: (1) diagnostic and screening mammograms, breast ultrasounds and magnetic resonance imaging of breasts for all insureds; (2) breast biopsies for all insureds, and (3) prophylactic mastectomies and breast reconstruction surgery for all insureds who have the harmful variant of breast cancer gene one (BRCA1), breast cancer gene two (BRCA2) or any similar gene variant that materially increases breast cancer risk. 1/27/2021 Referred to Joint Committee on Insurance and Real Estate. |
| Connecticut | 2021 State Bills Connecticut 2021 SB 8412021 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Enacted | Prohibits insurers, health care centers and fraternal benefit societies from, in connection with the issuance, withholding, extension or renewal of an annuity or an insurance policy for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance: (1) requesting, requiring, purchasing or using information obtained from an entity providing direct-to-consumer genetic testing without the informed written consent of the individual who has been tested; (2) conditioning insurance rates, the provision or renewal of insurance coverage or benefit or other conditions of insurance for an individual on a requirement or agreement that the individual undergo genetic testing; and (3) conditioning insurance rates, the provision or renewal of insurance coverage or benefit or other conditions of insurance for an individual on the results of any genetic testing of a member of the individual's family unless the results are contained in the individual's medical record. 7/7/2021 Signed by the Governor. Effective October 1, 2021. |
| Connecticut | 2021 State Bills Connecticut 2021 SB 8932021 legislative sessionRecord details | Privacy | Died | Establishes a framework for controlling and processing personal data. Establishes responsibilities and privacy protection standards for data controllers and processors. Grants consumers the right to access, correct, delete and obtain a copy of personal data and to opt out of the processing of personal data for the purposes of targeted advertising. Sensitive data is defined as personal data that includes the processing of genetic or biometric data for the purpose of uniquely identifying a natural person. Died. |
| Delaware | 2021 State Bills Delaware 2021 HB 1842021 legislative sessionRecord details | Research, Use of Residual Newborn Screening Specimens | Enacted | Amends the provision pertaining to use of stored blood specimens. Removes language permitting the Division of Public Health use of specimens for (1) quality assurance or performance improvement activities, including pilot studies, when a new disorder is being considered for addition to the panel; or (2) any other purpose authorized by law. research use in population based studies of de-identified specimens is permitted with parental consent. However, an amendment to the existing statute requires the destruction of blood specimens after screening and testing are complete. Signed by the Governor on 9/15/2021. Effective upon Governor's signature. |
| Delaware | 2021 State Bills Delaware 2021 HB 2622021 legislative sessionRecord details | Privacy | Pending | Seeks to provide consumers with critical information about how their personal information is being used by data brokers. Data brokers must register with the Consumer Protection Unit of the Department of Justice and answer questions regarding their use of personal information that would be published online to inform consumers. Data brokers are required annually to complete an electronic form designated by the Director of Consumer Protection. Data brokers must report on the form the types of consumer data, including genetic data, collected directly from consumers and from consumers� devices. Carries over to 2022. |
| Florida | 2021 State Bills Florida 2021 HB 2412021 legislative sessionRecord details | Privacy | Enacted | Creates the Parents' Bill of Rights. Parental rights include the right to consent in writing before any record of his or her minor child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by general law or authorized pursuant to a court order. 6/29/21 Approved by the Governor. Effective 7/1/2021. |
| Florida | 2021 State Bills Florida 2021 HB 8332021 legislative sessionRecord details | Privacy, Research | Enacted | Prohibits a person to from willfully, and without express consent: (1) collecting or retaining another person's DNA sample with the intent to perform DNA analysis; (2) submitting another person's DNA sample for analysis or conducting or procuring the conduct of another person's DNA analysis; (3) disclosing another person's DNA analysis result to a third party; and (4) selling or otherwise transferring another person's DNA sample or the results of another person's DNA analysis to third party, regardless of whether the DNA sample was originally collected, retained, or analyzed with express consent. The bill provides exemptions for certain activities such as research subject to, and conducted in compliance with, 45 C.F.R. part 46, 21 C.F.R. parts 50 and 56, or 45 C.F.R. parts 160 and 164. 6/19/2021 Approved by the Governor. Effective 10/1/2021. |
| Florida | 2021 State Bills Florida 2021 HB 9692021 legislative sessionRecord details | Privacy | Died | Creates the Florida privacy Protection Act. Requires collectors to provide notice to consumers about data collection and selling practices. Provides consumers right to request data be disclosed, deleted, or corrected and to opt-in or opt-out of sale or sharing of such data. Provides nondiscrimination measures, methods for requesting data and opting-in or opting-out of sale or sharing of such data, private cause of action, enforcement, and jurisdiction. Personal information is defined to include biometric information such as DNA. 4/30/21 Died in returning messages. |
| Florida | 2021 State Bills Florida 2021 SB 11402021 legislative sessionRecord details | Other Topics, Privacy | Died | This bill prohibits DNA analysis and disclosure of DNA analysis results without authorization; prohibits the collection or retention of a DNA sample of another person without authorization for specified purposes; prohibits specified DNA analysis and disclosure of DNA analysis results without authorization, etc. |
| Florida | 2021 State Bills Florida 2021 SB 17342021 legislative sessionRecord details | Privacy | Died | Creates the Florida privacy Protection Act. Requires certain businesses that collect consumer personal information to provide certain information to the consumer. Provides that consumers have the right to direct certain businesses not to sell their personal information. Prohibits businesses from selling the personal information of consumers younger than a specified age without express authorization from the consumer or the consumer�s parent or guardian under certain circumstances. Authorizes consumers to initiate civil actions for violations. Personal information is defined to include biometric information such as DNA. 4/28/21 Read 2nd time. Substituted CS/CS/CS/HB 969 (Died in returning Messages). Laid on Table - SJ 753. |
| Florida | 2021 State Bills Florida 2021 SB 5822021 legislative sessionRecord details | Privacy | Died | Creates the Parents' Bill of Rights. Parental rights include the right to consent in writing before any record of his or her minor child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by general law or authorized pursuant to a court order. 4/21/2021 Senate Laid on Table, companion bill passed, see HB 241 (Ch. 2021-199) SJ 547. |
| Georgia | 2021 State Bills Georgia 2021 HB 1152021 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Pending | Prohibits life and long-term care insurers that receive information from genetic testing from using the information for any non-therapeutic purpose, including, but not limited to, canceling, limiting, or denying coverage or establishing differentials in premium rates. These insurers also may not require or solicit genetic information, use genetic testing results, or consider a person's decisions or actions related to genetic testing in any manner for any insurance purpose. Carries over to 2022 session. |
| Hawaii | 2021 State Bills Hawaii 2021 HB 2412021 legislative sessionRecord details | Employment Nondiscrimination, Other Topics | Pending | Prohibits discrimination in employment and public accomodation based on an individual's invasive medical test status. Invasive medical test status is defined to include a medical test or screening that requires a sample of an individual's genetic material. Carries over to 2022 session. |
| Hawaii | 2021 State Bills Hawaii 2021 HB 2492021 legislative sessionRecord details | Health Insurance Coverage | Pending | Requires every group policy of accident and health or sickness insurance and every individual or group hospital or medical service plan contract to provide coverage for screening to determine whether counseling and testing related to the BRCAl or BRCA2 genetic mutation is indicated and genetic counseling and testing related to the BRCAl or BRCA2 genetic mutation, if indicated. Carries over to 2022 session. |
| Hawaii | 2021 State Bills Hawaii 2021 SB 10092021 legislative sessionRecord details | Privacy | Pending | Amends the definition of personal information for the purpose of applying modern security breach of personal information law. Personal information is defined as an identifier in combination with one or more specified data elements. Specified data elements include a deoxyribonucleic profile. Carries over to 2022 session. |
| Hawaii | 2021 State Bills Hawaii 2021 SB 6232021 legislative sessionRecord details | Health Insurance Coverage | Pending | Requires every group policy of accident and health or sickness insurance and every individual or group hospital or medical service plan contract to provide coverage for screening to determine whether counseling and testing related to the BRCAl or BRCA2 genetic mutation is indicated and genetic counseling and testing related to the BRCAl or BRCA2 genetic mutation, if indicated. Carries over to 2022 session. |
| Illinois | 2021 State Bills Illinois 2021 HB 17792021 legislative sessionRecord details | Health Insurance Coverage | Enacted | An individual or group health care service plan contract that is issued, amended, delivered, or renewed on or after January 1, 2022 may not require prior authorization for biomarker testing for an insured with advanced or metastatic stage 3 or 4 cancer, nor shall prior authorization be required for biomarker testing of cancer progression or recurrence in the insured with advanced or metastatic stage 3 or 4 cancer. Biomarker testing is defined as analysis of tissue blood or fluid specimen for the presence of a biomarker. Biomarker testing includes, but not limited to, single-analyte tests, multiplex tests, and partial or whole genome sequencing. 7/30/21 Governor approved. Effective 1/1/2022. |
| Illinois | 2021 State Bills Illinois 2021 HB 21092021 legislative sessionRecord details | Health Insurance Coverage | Enacted | Provides that an individual or group policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act must provide coverage for medically necessary comprehensive cancer testing and testing of blood or constitutional tissue for cancer predisposition testing as determined by a physician. Comprehensive cancer testing includes, but is not limited to, the following forms of testing: (1) targeted cancer gene panels; (2) whole-exome genome testing; (3) whole genome testing; (4) RNA sequencing; and (5) tumor mutation burden. 8/27/21 Approved by the Governor. Effective 1/1/2022. |
| Illinois | 2021 State Bills Illinois 2021 HB 28802021 legislative sessionRecord details | Privacy | Died | Amends the Personal Information Protection Act. Provides that individuals and entities have intellectual property rights in their digital identity assets. Provides for the payment of royalties to individuals and entities for access, for the purpose of commercial advertising, to their digital assets. Digital assets include, but are not limited to, information accumulated regarding an individual's or entity's personal information. Personal information includes medical history such as RNA and DNA profiles and genetic history. Carries over to 2022 session. |
| Iowa | 2021 State Bills Iowa 2021 HF 552021 legislative sessionRecord details | Health Insurance Nondiscrimination | Pending | A participating healthcare provider or participating care coordinators may not refuse to provide health care services to a member of the Health Iowa Program on the basis of various characteristics, including genetic information. The board for the Health Iowa Program must adopt rules to promote nondiscrimination with respect to members and health care providers on the basis of various factors, including genetic information. Carries over to 2022 session. |
| Kentucky | 2021 State Bills Kentucky 2021 HB 112021 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Establishes health-status eligibility rules for health benefit plans in any market. Prohibits requiring a greater premium or contribution, or different benefits coverage, on the basis of any health status-related factor, including genetic information. Prohibits pre-existing condition exclusions. Prohibits adjustment of premium or contribution amounts for group health plans on the basis of genetic information. Died. |
| Kentucky | 2021 State Bills Kentucky 2021 HB 272021 legislative sessionRecord details | Other Topics | Died | Requires a health facility that provides perinatal care to provide each patient, upon admission or as soon thereafter as reasonably practical, written information regarding the patient's rights, including the right to be free from discrimination on the basis of genetic information. Died. |
| Louisiana | 2021 State Bills Louisiana 2021 HB 4552021 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | Applies provisions that prohibit the use of genetic testing for health insurance and underwriting purposes to life and long-term care insurance policies. Applies prohibitions for unfair or deceptive acts or practices on the basis of genetic information to life and long-term care insurance policies. Died. |
| Louisiana | 2021 State Bills Louisiana 2021 HB 7032021 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Enacted | Applies provisions that prohibit the use of genetic testing for health insurance and underwriting purposes to life and long-term care insurance policies. Applies prohibitions for unfair or deceptive acts or practices on the basis of genetic information to life and long-term care insurance policies. 6/11/21 Signed by the Governor. Becomes Act No. 242. Effective August 1, 2021. |
| Louisiana | 2021 State Bills Louisiana 2021 SB 1192021 legislative sessionRecord details | Health Insurance Coverage | Enacted | Requires health_insurance_coverage for annual MRI at age 25 and annual mammography at age 30 for women with a hereditary susceptibility to breast cancer based on pathogenic mutation carrier status. 6/1/21 Signed by the Governor. Becomes Act No. 45. Effective 1/1/2022. |
| Louisiana | 2021 State Bills Louisiana 2021 SB 842021 legislative sessionRecord details | Health Insurance Coverage | Enacted | Requires any health coverage plan renewed, delivered or issued for delivery in Louisiana to provide coverage for genetic or molecular testing for cancer including but not limited to tumor mutation testing, next generation sequencing, hereditary germline mutation testing, pharmacogenomic testing, whole exome and genome sequencing, and biomarker testing. 6/1/21 Signed by the Governor. Becomes Act No. 43. Effective 1/1/2022. |
| Maine | 2021 State Bills Maine 2021 LD 10852021 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Died | In the absence of a medical diagnosis of a disease, disorder or syndrome related to genetic information, a health insurer, life insurer or long-term care insurer may not cancel, limit or deny coverage or establish differentials in premium rates based on such genetic information. A health insurer, life insurer or long-term care insurer may not request, require, purchase or otherwise solicit genetic information; use genetic test results; or consider an individual's decisions or actions relating to genetic testing in any manner for any insurance purpose. 6/10/2021 Reports Read. On motion by Senator Sanborn of Cumberland the Majority Ought Not to Pass. Report accepted. In concurrence. Placed in Legislative Files. Died. |
| Maine | 2021 State Bills Maine 2021 LD 16552021 legislative sessionRecord details | Privacy | Died | Establishes annual registration of data brokers. Requires data brokers to develop, implement and maintain a comprehensive information security program to protect personally identifiable information. Personally identifiable information includes genetic identifiers. Ought Not to Pass Pursuant To Joint Rule 310, Jun 2, 2021. |
| Maine | 2021 State Bills Maine 2021 LD 17142021 legislative sessionRecord details | Privacy | Died | Establishes consumer rights with respect to personal information collected by a business. Personal information includes biometric information. Biometric information is defined to include deoxyribonucleic acid. Died Between Houses, Jun 2, 2021. |
| Maine | 2021 State Bills Maine 2021 LD 292021 legislative sessionRecord details | Employment Nondiscrimination | Enacted | Conforms the Maine Apprenticeship Program to the Federal Equal Employment Opportunity Act of 1972. Requires a posting of statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of various factors, including genetic information. 6/8/21 Signed by the Governor. Effective 90 days after adjournment (March 30, 2021). |
| Maryland | 2021 State Bills Maryland 2021 HB 12562021 legislative sessionRecord details | Other Topics | Died | Requires the Maryland Department of Health to do the following: (1) by January 1, 2023, develop gene sequence and customer screening guidelines for gene synthesis providers and manufacturers of gene synthesis equipment that include certain requirements; (2) develop a process to certify that gene synthesis providers and manufacturers of gene synthesis equipment are in compliance with the guidelines requiring, on or after January 1, 2024, the Department to certify certain gene synthesis providers and equipment manufacturers. Gene synthesis provider does not include a research scientist making gene synthesis products for the research scientist's own use or for use by another research scientist. In the House - Withdrawn by Sponsor. Died. |
| Maryland | 2021 State Bills Maryland 2021 HB 1482021 legislative sessionRecord details | Privacy | Died | Amends statute requiring a business that maintains personal information of an individual residing in the State to implement and maintain certain security procedures and practices. The bill adds the following to the definition of personal information: genetic information with respect to an individual, including the genetic sample of an individual; the genetic test of an individual; the genetic test of an individual's family member; the manifestation of a disease or disorder in a family member of an individual; any request for and receipt of genetic counseling, or genetic education; and any information derived from genetic information with respect to an individual. In the Senate - First Reading Finance. Died. |
| Maryland | 2021 State Bills Maryland 2021 HB 2182021 legislative sessionRecord details | Privacy | Died | Requires certain private entities in possession of biometric identifiers or biometric information to develop a written policy, made available to the public, establishing a certain retention schedule and guidelines for permanently destroying biometric identifiers and biometric information. Biometric identifier is defined to includes a genetic print. The bill defines confidential and sensitive to include a genetic marker and genetic testing information. In the House - Withdrawn by Sponsor. Died. |
| Maryland | 2021 State Bills Maryland 2021 HB 2402021 legislative sessionRecord details | Other Topics, Privacy | Enacted | This bill establishes that a certain forensic genetic genealogical DNA analysis and search may not be initiated without certifying certain information before a court and obtaining a certain authorization from the court; prohibits certain biological samples subjected to certain forensic genetic genealogical profile analysis to be used to determine certain information about a certain donor; requires the Department of Public Safety and Correctional Services to produce a certain annual report; etc. |
| Maryland | 2021 State Bills Maryland 2021 HB 8102021 legislative sessionRecord details | Other Topics | Died | Alters the definition of "practice pharmacy" to include the ordering and administering of certain laboratory tests. Requires the State Board of Pharmacy, on or before January 1, 2022, to adopt regulations authorizing a pharmacist to order and administer laboratory tests, without a written, oral or electronically transmitted prescription from an authorized prescriber that measure biomarkers, including deoxyribonucleic acid. |
| Maryland | 2021 State Bills Maryland 2021 SB 1122021 legislative sessionRecord details | Privacy | Died | Amends statute requiring a business that maintains personal information of an individual residing in the State to implement and maintain certain security procedures and practices. The bill adds the following to the definition of personal information: genetic information with respect to an individual, including the genetic sample of an individual; the genetic test of an individual; the genetic test of an individual's family member; the manifestation of a disease or disorder in a family member of an individual; any request for and receipt of genetic counseling, or genetic education; and any information derived from genetic information with respect to an individual. In the Senate - Hearing 2/10 at 1:00 p.m. Died. |
| Maryland | 2021 State Bills Maryland 2021 SB 162021 legislative sessionRecord details | Privacy | Died | Requires certain private entities in possession of biometric identifiers or biometric information to develop a written policy, made available to the public, establishing a certain retention schedule and guidelines for permanently destroying biometric identifiers and biometric information. Biometric identifier is defined to includes a genetic print. The bill defines confidential and sensitive to include a genetic marker and genetic testing information. In the Senate - Hearing 1/27 at 1:00 p.m. Died. |
| Maryland | 2021 State Bills Maryland 2021 SB 3512021 legislative sessionRecord details | Privacy | Died | Amends the statute requiring certain units of State government to employ reasonable security procedures and practices. Proposed changes to the law include altering the definition of biometric information by removing the term genetic print and adding an individual's DNA to the definition. In the House - Hearing 3/31 at 1:30 p.m. Died. |
| Maryland | 2021 State Bills Maryland 2021 SB 7062021 legislative sessionRecord details | Other Topics | Died | Alters the definition of "practice pharmacy" to include the ordering and administering of certain laboratory tests. Requires the State Board of Pharmacy, on or before January 1, 2022, to adopt regulations authorizing a pharmacist to order and administer laboratory tests, without a written, oral or electronically transmitted prescription from an authorized prescriber that measure biomarkers, including deoxyribonucleic acid. In the Senate - Hearing 3/02 at 1:00 p.m. Died. |
| Maryland | 2021 State Bills Maryland 2021 SB 9302021 legislative sessionRecord details | Privacy | Died | Requires certain businesses that collect a consumer's personal information to provide certain clear and conspicuous notices to the consumer at or before the point of collection. The bill defines biometric information to include an individual's DNA. In the Senate - First Reading Senate Rules. Died. |
| Massachusetts | 2021 State Bills Massachusetts 2021 H. 17922021 legislative sessionRecord details | Other Topics | Pending | Prohibits any unit government from directly or indirectly: (1) excluding or partially excluding from participation, disadvantaging, harming, denying one or more benefits to, or otherwise subjecting a person to discrimination based on or because of one or more of the person�s protected characteristics; or (2) adopting, implementing or without limitation otherwise approving or utilizing any program, policy or practice that has a discriminatory effect. Protected characteristics includes genetic information. Carries over 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 H. 41522021 legislative sessionRecord details | Privacy | Pending | Establishes protections relative to the processing of personal data and the free movement of personal data. Prohibits the processing of genetic data or biometric data for the purpose of uniquely identifying a natural person with certain exceptions. Carries over to 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 H.11132021 legislative sessionRecord details | Health Insurance Coverage | Pending | Requires certain insurers to provide benefits on a nondiscriminatory basis for the diagnosis and treatment of Alfi�s syndrome in individuals. Diagnosis of Alfi's Syndrome includes genetic testing. Carries over to 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 H.11752021 legislative sessionRecord details | Health Insurance Coverage | Pending | Requires certain insurers to provide coverage for screening breast ultrasound or screening breast magnetic resonance imaging examination if the patient has additional risk factors for breast cancer including, but not limited to, family history and positive genetic testing. Carries over to 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 H.13732021 legislative sessionRecord details | Other Topics | Pending | Promotes fair housing by preventing discrimination against affordable housing based on various factors, including genetic information. Carries over to 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 H.1422021 legislative sessionRecord details | Privacy | Pending | Establishes privacy protections for the collection, use, retention and disclosure of biometric information by businesses in the state of Massachusetts. Biometric information is defined to include a DNA sequence. Carries over to 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 H.23042021 legislative sessionRecord details | Other Topics | Pending | Creates a pancreatic cancer advisory council within the health department. Requires the commissioner of insurance to survey health insurers in the commonwealth to ascertain coverage benefits of genetic testing for pancreatic cancer across health insurance plans, and present findings to the committee on health care financing and the committee on financial services no later than June 30, 2022. Carries over to 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 H.40292021 legislative sessionRecord details | Privacy | Pending | Establishes requirements for specified persons, partnerships or corporations that maintain high-risk information systems. A high-risk information system involves the personal information of a significant numbers of consumers regarding various characteristics, including genetic data. Carries over to 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 S. 21022021 legislative sessionRecord details | Employment Nondiscrimination | Pending | Requires the commission on workplace harassment and sexual assault in the legislature to research and develop model workplace harassment policies for consideration and use by the Senate and House of Representatives. The model policies must address identity-based harassment, including harassment based on genetic information. Carries over to 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 S. 462021 legislative sessionRecord details | Privacy | Pending | Establishes privacy protections for the collection, use, retention and disclosure of biometric information by businesses in the state of Massachusetts. Biometric information is defined to include. Carries over to 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 S. 502021 legislative sessionRecord details | Privacy | Pending | Amends statute to protect personal information under the security breach law. Adds genetic information to the scope of information covered under the law. Referred to the Senate committee on Advanced Information Technology, the Internet and Cybersecurity. Carries over to 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 S. 8672021 legislative sessionRecord details | Other Topics | Pending | Promotes fair housing by preventing discrimination against affordable housing based on various factors, including genetic information. Carries over to 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 S.13852021 legislative sessionRecord details | Other Topics | Pending | Creates a pancreatic cancer advisory council within the health department. Requires the commissioner of insurance to survey health insurers in the commonwealth to ascertain coverage benefits of genetic testing for pancreatic cancer across health insurance plans, and present findings to the committee on health care financing and the committee on financial services no later than June 30, 2022. Carries over to 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 S.1612021 legislative sessionRecord details | Privacy | Pending | Amends statute to protect biometric information under the security breach law. Adds biometric indicator or any unique biological attribute or measurement that can be used to authenticate the identity of an individual, including genetic information, to the scope of information covered under the law. Carries over to 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 S.6972021 legislative sessionRecord details | Health Insurance Coverage | Pending | Requires certain insurers to provide coverage for screening breast ultrasound or screening breast magnetic resonance imaging examination if the patient has additional risk factors for breast cancer including, but not limited to, family history and positive genetic testing. Carries over to 2022. |
| Massachusetts | 2021 State Bills Massachusetts 2021 S.9962021 legislative sessionRecord details | Other Topics | Pending | Prohibits any unit government from directly or indirectly: (1) excluding or partially excluding from participation, disadvantaging, harming, denying one or more benefits to, or otherwise subjecting a person to discrimination based on or because of one or more of the person�s protected characteristics; or (2) adopting, implementing or without limitation otherwise approving or utilizing any program, policy or practice that has a discriminatory effect. Carries over to 2022. |
| Michigan | 2021 State Bills Michigan 2021 HB 45812021 legislative sessionRecord details | Employment Nondiscrimination | Pending | Requires an employer that employs 50 or more individuals at any time during the calendar year at a single work site in the state to inform employees of, and keep posted at the work site in a conspicuous place where employees may conveniently read it, a notice that includes specified information. Required notification includes a statement that it is illegal under federal law to pay employees different wages for the same work based solely on various characteristics, including genetic information. Carries over to 2022. |
| Michigan | 2021 State Bills Michigan 2021 SB 3272021 legislative sessionRecord details | Employment Nondiscrimination | Pending | Requires an employer that employs 50 or more individuals at any time during the calendar year at a single work site in the state to inform employees of, and keep posted at the work site in a conspicuous place where employees may conveniently read it, a notice that includes specified information. Required notification includes a statement that it is illegal under federal law to pay employees different wages for the same work based solely on various characteristics, including genetic information. Carries over to 2022. |
| Minnesota | 2021 State Bills Minnesota 2021 HF 14922021 legislative sessionRecord details | Privacy | Pending | Provides various rights to consumers regarding personal data. Requires certain businesses to conduct and document a data protection assessment of processing activities involving personal data, including sensitive data. Requires data controllers to obtain consent from consumers before processing sensitive data. Sensitive data is defined to include the processing of genetic or biometric data for the purpose of uniquely identifying a natural person. Carries over to 2022 session. |
| Minnesota | 2021 State Bills Minnesota 2021 HF 24142021 legislative sessionRecord details | Health Insurance Coverage | Pending | Requires every policy, plan, certificate, or contract referred to in subdivision that provides coverage to a Minnesota resident to provide coverage for all diagnostic and preventive screenings and tests related to breast cancer, including but not limited to genetic testing, breast examination, mammography, magnetic resonance imaging, digital breast tomosynthesis, ultrasound, thermography, biopsy, and other breast cancer screening tests currently being evaluated by the federal Food and Drug Breast Cancer research Foundation. Carries over to 2022 session. |
| Minnesota | 2021 State Bills Minnesota 2021 HF 362021 legislative sessionRecord details | Privacy | Enacted | Relates to consumer data privacy. Establishes business obligations regarding: (1) collection and disclosure of personal information; and (2) sale of personal information to third parties. Gives various rights to consumers regarding personal data. Personal information includes biometric information such as genetic information. Carries over to 2022 session. |
| Minnesota | 2021 State Bills Minnesota 2021 HF 812021 legislative sessionRecord details | Other Topics | Pending | Requires the Minnesota Board of Pharmacy to establish a pharmacogenomics task force to evaluate and assess the current availability of pharmacogenomics statewide and to develop recommendations for making pharmacogenomics available statewide. Carries over to 2022 session. |
| Minnesota | 2021 State Bills Minnesota 2021 SF 14082021 legislative sessionRecord details | Privacy | Pending | Provides various rights to consumers regarding personal data. Requires certain businesses to conduct and document a data protection assessment of processing activities involving personal data, including sensitive data. Requires data controllers to obtain consent from consumers before processing sensitive data. Sensitive data is defined to include the processing of genetic or biometric data for the purpose of uniquely identifying a natural person. Carries over to 2022 session. |
| Minnesota | 2021 State Bills Minnesota 2021 SF 2152021 legislative sessionRecord details | Other Topics | Pending | Establishes a grant program within the health department to award grants to persons, organizations, and entities to fund research studies on the evidence needed to: (1) support payer reimbursement and funding of pharmacogenomics (PGx) testing; (2) determine and validate new PGx variants in diverse populations such as Native Americans and Somali groups; (3) determine ethical, legal, and social implications of PGx; (4) determine the technical aspects needed to protect data and privacy as it relates to PGx; and (5) determine the education needed for successful PGx implementation. Carries over to 2022 session. |
| Minnesota | 2021 State Bills Minnesota 2021 SF 23202021 legislative sessionRecord details | Health Insurance Coverage | Pending | Requires every policy, plan, certificate, or contract referred to in subdivision that provides coverage to a Minnesota resident to provide coverage for all diagnostic and preventive screenings and tests related to breast cancer, including but not limited to genetic testing, breast examination, mammography, magnetic resonance imaging, digital breast tomosynthesis, ultrasound, thermography, biopsy, and other breast cancer screening tests currently being evaluated by the federal Food and Drug Breast Cancer research Foundation. Carries over to 2022 session. |
| Minnesota | 2021 State Bills Minnesota 2021SF 2482021 legislative sessionRecord details | Other Topics | Pending | Requires the Minnesota Board of Pharmacy to establish a pharmacogenomics task force to evaluate and assess the current availability of pharmacogenomics statewide and to develop recommendations for making pharmacogenomics available statewide. Carries over to 2022 session. |
| Missouri | 2021 State Bills Missouri 2021 HB 9952021 legislative sessionRecord details | Research, Use of Residual Newborn Screening Specimens | Died | Amends statute section pertaining to the release of residual newborn screening specimens for anonymous scientific study. Requires consent of parent or legal guardian be obtained for such release at the time of specimen collection. 2/23/2021 - House public hearing completed. Died. |
| Missouri | 2021 State Bills Missouri 2021 HJR 512021 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Proposes a Constitutional amendment, if approved by the voters, to provide that prohibits health plans from limiting or excluding benefits relating to any condition based on the fact that the condition is a preexisting condition or charging a different premium rate or imposing different out-of-pocket costs for the same coverage based on the fact that a person covered under the plan has a preexisting condition. Genetic information should not be treated as a preexisting condition in the absence of a diagnosis of the condition related to such information. 4/13/2021 Reported Do Pass House Rules Committee. Died. |
| Missouri | 2021 State Bills Missouri 2021 SJR 262021 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Proposes a Constitutional amendment, if approved by the voters, to provide that prohibits health plans from limiting or excluding benefits relating to any condition based on the fact that the condition is a preexisting condition or charging a different premium rate or imposing different out-of-pocket costs for the same coverage based on the fact that a person covered under the plan has a preexisting condition. Genetic information should not be treated as a preexisting condition in the absence of a diagnosis of the condition related to such information. 4/22/2021 Voted Do Pass Senate Insurance and Banking Committee. Died. |
| Nevada | 2021 State Bills Nevada 2021 AB 1982021 legislative sessionRecord details | Health Insurance Coverage | Died | Requires the State Plan for Medicaid to pay the nonfederal share of expenditures incurred to perform genetic testing to detect birth defects in the fetus of a pregnant woman who is 40 years of age or older. Died. |
| Nevada | 2021 State Bills Nevada 2021 SB 2512021 legislative sessionRecord details | Health Insurance Coverage | Enacted | Requires a primary care provider to administer a genetic test for harmful mutations in the BRCA gene if clinically indicated as a result of genetic counseling. The State Plan for Medicaid must pay the nonfederal share of expenditures incurred for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing is required. Insurers must cover the cost of screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing is required. 5/27/2021 Approved by the Governor. Effective 1/1/2022. |
| New Hampshire | 2021 State Bills New Hampshire 2021 HB 5972021 legislative sessionRecord details | Privacy | Pending | Provides that an individual has an expectation of privacy in personal information, including content and usage, given or available to third-party providers of information and services, including cellular and land-line telephone, electric, water, and other utility services; Internet service providers; cable television providers; streaming services; social media providers; email service providers; banks and financial institutions; insurance companies; and credit card companies. Prohibits municipal, county, state, or federal department, agency, employee, elected official, or contractors from acquiring, collecting, retaining, or using personal information, directly or indirectly, related to customers of third-party providers of information and services located in New Hampshire except under certain circumstances. Personal information is defined to include genetic profiles and DNA/RNA data. Hearing on 3/05/2021. Carries over to 2022. |
| New Hampshire | 2021 State Bills New Hampshire 2021 HB 6012021 legislative sessionRecord details | Privacy | Died | When an individual consents to receive assistance from a health or social service agency in the state, the consent given to the initial health or social service agency to use the individual's personal information may not be transferred to or retained by any other health or social service agency, network, or entity. No health or social service agency in the state may require a individual's consent to share personal information with another health or social service agency in the state or another state as a prerequisite for such individual to receive services from such health or social service agency, including consent to share details regarding which health or social service agency the individual has received help from in the past and associated information related to that interaction. A health or social service agency must explicitly and in writing inform any individual seeking such assistance that lack of consent will not affect the individual's ability to receive health or social services from the agency and that the individual will not be otherwise penalized. Personal information is defined to include DNA. Hearing on 2/08/2021. Carries over to 2022. |
| New Jersey | 2021 State Bills New Jersey 2021 A53542021 legislative sessionRecord details | Employment Nondiscrimination, Other Topics | Died | Requires adoption of and training on anti-discrimination and anti-harassment policy by certain campaign committees. Protected category includes genetic information. Died. |
| New Jersey | 2021 State Bills New Jersey 2021 A60802021 legislative sessionRecord details | Privacy | Died | Prohibits a teaching staff member employed by a board of education from inputting the individually identifiable health information of a student or members of a student�s family, or conversations concerning such information, into a third party software application managed by an entity that engages in partisan political activity. The bill defines individually identifiable health information as any information, including genetic or vaccination information, relating to the past, present, or future physical or mental health or condition of an individual that either identifies the individual or could reasonably be used to identify the individual. Died. |
| New Jersey | 2021 State Bills New Jersey 2021 S41992021 legislative sessionRecord details | Privacy | Died | Prohibits a teaching staff member employed by a board of education from inputting the individually identifiable health information of a student or members of a student�s family, or conversations concerning such information, into a third party software application managed by an entity that engages in partisan political activity. The bill defines individually identifiable health information as any information, including genetic or vaccination information, relating to the past, present, or future physical or mental health or condition of an individual that either identifies the individual or could reasonably be used to identify the individual. Died. |
| New Mexico | 2021 State Bills New Mexico 2021 SB 4082021 legislative sessionRecord details | Employment Nondiscrimination, Other Topics, Privacy | Died | Establishes that every person, whether a minor or an adult, has the right of bodily integrity and the freedom to assert that right. A person may not be discriminated agains or denied public accommodation, housing accommodation, employment, government services or any other services offered to the general public or otherwise penalized for the assertion of the right of bodily integrity, including the right not to provide samples of bodily fluids, bodily tissue or genetic material. Died. |
| New York | 2021 State Bills New York 2021 A17582021 legislative sessionRecord details | Health Insurance Coverage | Pending | Requires accident and health insurance policies to cover the cost of genetic testing of persons with a family history of cancer when the attending physician determines such person has a significant risk thereof. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 A35862021 legislative sessionRecord details | Privacy | Pending | Establishes the "It's Your Data Act" for the purposes of providing protections and transparency in the collection, use, retention, and sharing of personal information, including biometric data. Biometric information is defined to include DNA. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 A37092021 legislative sessionRecord details | Privacy | Pending | Grants a consumer a right to request a business to disclose the categories and specific pieces of personal information such as biometric information that it collects about the consumer, the categories of sources from which that information is collected, the business purposes for collecting or selling the information, and the categories of third parties with which the information is shared. Biometric information is defined to include an individual's deoxyribonucleic acid. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 A38022021 legislative sessionRecord details | Research | Pending | Regulates the use of human subjects for medical research and experimentation, including subjects with mental disorders and children. Addresses exclusion or inclusion of subjects to participate in human research based on race, ethnicity or sex. Requires reporting certain information relating to the collection of data. Provides that no greater than minimal risk non-therapeutic human research may be conducted on a child without consent of a parent or guardian. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 A4042021 legislative sessionRecord details | Health Insurance Coverage | Pending | Requires health insurance policies to cover comprehensive screening for ovarian cancer, including genetic testing. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 A4602021 legislative sessionRecord details | Employment Nondiscrimination, Other Topics | Pending | Declares that it is an unlawful discriminatory practice for a hiring party to subject a model to harassment based on various characteristics, including predisposing genetic characteristics. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 A5922021 legislative sessionRecord details | Other Topics | Pending | Establishes a genetics advisory council. Requires a preliminary report to the governor and legislature before March 1, 2023 and a final report by December 1, 2023 on issues relating to genetic counseling, genetic testing and public education. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 A60422021 legislative sessionRecord details | Other Topics, Privacy | Pending | Prohibits businesses from processing personal information for the purpose of advertising, marketing, soliciting, offering, selling, leasing, licensing, renting, or otherwise commercially contracting for employment, finance, health care, credit, insurance, housing, or education opportunities, in a manner that discriminates against or otherwise makes the opportunity unavailable on the basis of an individual's or class of individuals' actual or perceived predisposing genetic characteristics. Requires businesses to obtain freely given, specific, informed, and unambiguous opt-in consent from an individual to: (a) Process such individual's personal information; and (b) Make any changes in the processing of such individual's information that necessitate a change to the entity's required short-form privacy notice. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 A6802021 legislative sessionRecord details | Privacy | Pending | Enacts the NY privacy act to require companies to disclose their methods of de-identifying personal information such as biometric information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared. Biometric information is defined to include DNA. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 A6872021 legislative sessionRecord details | Privacy | Pending | Imposes requirements for the collection and use of emergency health data and personal information and the use of technology to aid during the COVID-19 public health emergency. Requires entities using technology to get consent from individuals and to disclose certain information including the right to privacy and who will have access to the data. Emergency health data is defined to include genetic data. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 A7002021 legislative sessionRecord details | Employment Nondiscrimination, Other Topics | Pending | Requires companies to file a biennial climate report. The requirements for the form and content of the climate report at a minimum must include: (i) Company climate surveys to be filled out anonymously by employees, which are designed to assess such company's workplace environment including, but not limited to, pay equity, sexual harassment and discrimination based on an individual's age, race, creed, color, national origin, sexual orientation, military status, sex, disability, predisposing genetic characteristics, familial status, marital status or domestic violence victim status. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 A9542021 legislative sessionRecord details | Privacy | Enacted | Directs the director of the office of information technology services to conduct a study on the use of biometric identifying technology. Prohibits the use of biometric identifying technology in schools until July 1, 2022 or until the commissioner of education authorizes such purchase or utilization, whichever occurs later. Biometric identifier is defined to include a DNA sequence. 1/28/2021 Signed by the Governor. Effective immediately. |
| New York | 2021 State Bills New York 2021 S1052021 legislative sessionRecord details | Health Insurance Coverage | Pending | Requires health insurance policies to cover comprehensive genetic screening for ovarian and prostate cancers. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 S40212021 legislative sessionRecord details | Privacy | Pending | Establishes the "It's Your Data Act" for the purposes of providing protections and transparency in the collection, use, retention, and sharing of personal information, including biometric data. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 S5672021 legislative sessionRecord details | Privacy | Pending | Grants a consumer a right to request a business to disclose the categories and specific pieces of personal information such as biometric information that it collects about the consumer, the categories of sources from which that information is collected, the business purposes for collecting or selling the information, and the categories of third parties with which the information is shared. Biometric information is defined to include an individual's deoxyribonucleic acid. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 S6052021 legislative sessionRecord details | Health Insurance Coverage | Pending | Requires health insurers to provide coverage for expenses incurred in obtaining a colonoscopy when a subscriber has a high-risk predisposition to colon cancer based on genetic or family history. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 S66812021 legislative sessionRecord details | Employment Nondiscrimination, Other Topics | Pending | Declares that it is an unlawful discriminatory practice for a hiring party to subject a model to harassment based on various characteristics, including predisposing genetic characteristics. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 S67012021 legislative sessionRecord details | Privacy | Pending | Enacts the NY privacy act to require companies to disclose their methods of de-identifying personal information such as biometric information, to place special safeguards around data sharing and to allow consumers to obtain the names of all entities with whom their information is shared. Biometric information is defined to include DNA. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 S74302021 legislative sessionRecord details | Other Topics | Enacted | Prohibits the state, or any agency or bureau, or any other entity from denying a refugee resettlement anywhere within the state based on any criterion, method of administration, or practice that has the purpose or effect of discriminating on the basis of various factors, including predisposing genetic characteristics. Carries over to 2022. |
| New York | 2021 State Bills New York 2021 S8932021 legislative sessionRecord details | Privacy | Enacted | Directs the director of the office of information technology services to conduct a study on the use of biometric identifying technology. Prohibits the use of biometric identifying technology in schools until July 1, 2022 or until the commissioner of education authorizes such purchase or utilization, whichever occurs later. Biometric identifier is defined to include a DNA sequence. 1/25/2021 Substituted by A954. 1/28/2021 Signed by the Governor. Effective immediately. |
| North Carolina | 2021 State Bills North Carolina 2021 HB 4502021 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Topics, Other Lines of Insurance Nondiscrimination | Pending | Prohibits discrimination based on various characteristics such as genetic information in the following areas: housing; employment; lending; education; public accommodation; insurance; and jury service. Carries over to 2022. |
| North Carolina | 2021 State Bills North Carolina 2021 HB 5072021 legislative sessionRecord details | Other Topics | Pending | Establishes certain rights of perinatal care patients, including the right to receive care and treatment free from discrimination based on characteristics such as genetic information. Carries over to 2022. |
| North Carolina | 2021 State Bills North Carolina 2021 SB 3962021 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Topics, Other Lines of Insurance Nondiscrimination | Pending | Prohibits discrimination based on various characteristics such as genetic information in the following areas: housing; employment; lending; education; public accommodation; insurance; and jury service. Carries over to 2022. |
| North Carolina | 2021 State Bills North Carolina 2021 SB 6322021 legislative sessionRecord details | Other Topics | Pending | Establishes certain rights of perinatal care patients, including the right to receive care and treatment free from discrimination based on characteristics such as genetic information. Carries over to 2022. |
| North Carolina | 2021 State Bills North Carolina 221 SB 5692021 legislative sessionRecord details | Privacy | Pending | Creates the Consumer Data privacy Act of North Carolina. Prohibits data controllers from processing sensitive data concerning a consumer without obtaining the consumer's consent, or, in the case of sensitive data concerning a known child, without processing such data in accordance with the federal Children's Online privacy Protection Act. Sensitive data is defined to include the processing of genetic or biometric data for the purpose of uniquely identifying a natural person. Carries over to 2022. |
| North Dakota | 2021 State Bills North Dakota 2021 HB 11472021 legislative sessionRecord details | Health Insurance Coverage | Died | Requires the public employees retirement board to provide coverage for the expenses of the diagnosis of infertility, fertility treatment, and standard fertility preservation services if recommended and medically necessary. Fertility treatment includes genetic testing. Died. |
| Ohio | 2021 State Bills Ohio 2021 HB 2812021 legislative sessionRecord details | Health Insurance Nondiscrimination | Enacted | Amends the definition of "genetic screening or testing" used in the state health_insurance_nondiscrimination statute. Replaces "abnormalities, defects, or deficiencies," in the definition with "genotypes, mutations, or chromosomal changes." Carries over to 2022. |
| Ohio | 2021 State Bills Ohio 2021 HB 3712021 legislative sessionRecord details | Health Insurance Coverage | Enacted | Requires the state Medicaid program, individual health insurers and group health insurers to cover breast cancer screening for women meeting certain conditions, including those who have a genetic predisposition to breast cancer. Carries over to 2022. |
| Oklahoma | 2021 State Bills Oklahoma 2021 HB 16022021 legislative sessionRecord details | Privacy | Pending | Creates the Oklahoma Computer Data privacy Act, which applies to certain businesses that collect consumers' personal information, including biometric information. Provides guidelines for the use of personal information in research. Provides consumers the right to request disclosure of certain information; the right to request the deletion of their information; the right to request and receive a disclosure of personal information sold or disclosed; and the right to opt in and out of the sale of their personal information. Biometric information is defined to include DNA. 3/22/2021 Second Reading in Senate Judiciary. Carries over to 2022. |
| Oklahoma | 2021 State Bills Oklahoma 2021 SB 3512021 legislative sessionRecord details | Other Topics, Privacy | Pending | Requires a practitioner to offer to administer a pharmacogenomic test to a patient prior to the prescription of any psychotropic drug. The practitioner is required by the measure to inform the patient that pharmacogenomic tests have not been approved by the Food and Drug Administration. The practitioner must obtain the patient�s informed consent prior to ordering a pharmacogenomic test and must provide an estimate to the patient if the practitioner is aware of the cost. 2/2/2021 Second Reading. Referred to Senate Health and Human Services. Carries over to 2022. |
| Rhode Island | 2021 State Bills Rhode Island 2021 H50812021 legislative sessionRecord details | Health Insurance Coverage | Died | Establishes a rare disease medication reinsurance fund. Creates and establishes funding for a rare disease medication advisory council. Based on information from the Secretary of Health and Human Services, the council must recommend the drugs to be covered, an assessment rate, and a funding distribution method. The council must recommend for inclusion only those medications that are high cost prescription drugs, gene therapies or cell therapies designated as orphan drugs by the federal drug administration. 2/23/2021 Committee recommended measure be held for further study. Died. |
| Rhode Island | 2021 State Bills Rhode Island 2021 S1712021 legislative sessionRecord details | Health Insurance Coverage | Died | Establishes a rare disease medication reinsurance fund. Creates and establishes funding for a rare disease medication advisory council. Based on information from the Secretary of Health and Human Services, the council must recommend the drugs to be covered, an assessment rate, and a funding distribution method. The council must recommend for inclusion only those medications that are high cost prescription drugs, gene therapies or cell therapies designated as orphan drugs by the federal drug administration. 4/1/2021 Committee recommended measure be held for further study. Died. |
| South Carolina | 2021 State Bills South Carolina 2021 HB 30632021 legislative sessionRecord details | Privacy | Pending | Enacts the South Carolina Biometric Data privacy Act. Provides certain requirements for a business that collets a consumer's biometric information. Allows consumers to: (1) request the deletion of collected biometric information; and (2) prohibit the sale of biometric information. Prohibits a business from discriminating against a consumer who opts out of the the sale of biometric information. Biometric information includes DNA. Carries over to 2022. |
| South Carolina | 2021 State Bills South Carolina 2021 HB 45552021 legislative sessionRecord details | Privacy | Pending | Enacts the Parental Bill of Rights. Establishes certain rights of parents, including the right to consent in writing before any record of a child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by general law or authorized pursuant to a court order. Carries over to 2022. |
| South Carolina | 2021 State Bills South Carolina 2021 SB 9002021 legislative sessionRecord details | Privacy | Pending | Enacts the Parental Bill of Rights. Establishes certain rights of parents, including the right to consent in writing before any record of a child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by general law or authorized pursuant to a court order. Carries over to 2022. |
| South Dakota | 2021 State Bills South Dakota 2021 SB 1782021 legislative sessionRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Privacy | Enacted | Existing law prohibits health carriers, in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision from, in connection with the offer, sale, or renewal of insurance: (1) requiring or requesting an individual or a blood relative of the individual to take a genetic test; or (2) taking into consideration the fact that a genetic test was refused by an individual or a blood relative of the individual. Amends existing law by adding life insurers and long-term care insurers to covered entities. Prohibits any company providing genetic testing directly to a consumer from sharing any genetic test, genetic information, or other personally identifiable information of a consumer with any health carrier, life insurer, or long-term care insurer without written consent from the consumer. A company that provides genetic testing may communicate with a health carrier for the purposes of payment, coordination of medical treatment, or patient care so long as such communication is compliant with the Health Insurance Portability and Accountability Act and only used for the purposes permitted. 3/29/2021 Signed by the Governor. Effective 1/1/2022. |
| Tennessee | 2021 State Bills Tennessee 2021 HB 6422021 legislative sessionRecord details | Other Topics | Pending | Establishes rights of perinatal care patients, including the right to be free from discriminating based on genetic information. 3/30/2021 Deferred for summer study in Health Subcommittee. |
| Tennessee | 2021 State Bills Tennessee 2021 SB 9562021 legislative sessionRecord details | Other Topics | Pending | Establishes rights of perinatal care patients, including the right to be free from discriminating based on genetic information. 3/31/2021 Assigned to General Subcommittee of Senate Health and Welfare Committee. Carries over to 2022. |
| Texas | 2021 State Bills Texas 2021 HB 37422021 legislative sessionRecord details | Other Lines of Insurance Nondiscrimination | Died | Relates to a prohibition on the use of genetic information gathered from direct-to-consumer genetic tests by a long-term care benefit plan issuer or a life insurance company. 5/17/2021 Received from the House. Died. |
| Texas | 2021 State Bills Texas 2021 HB 44412021 legislative sessionRecord details | Privacy | Died | Requires an individual or the individual�s authorized representative provide express consent for a person to: (1) obtain the individual �s genetic material or genetic information; (2) perform a genetic analysis of the individual or any other analysis or test of the individual that requires the individual �s genetic material; (3) retain the individual �s genetic material or genetic information; or (4) disclose, including through sale or donation, the individual �s genetic material or genetic information. 3/29/2021 Referred to House Public Health Committee. Died. |
| Texas | 2021 State Bills Texas 2021 SB 162021 legislative sessionRecord details | Privacy | Died | Prohibits a state agency from disseminating to any person any personal data of an individual without the individual �s written consent. A state agency must retain the written consent of an individual obtained per certain requirements. A state agency may not require an individual to consent to dissemination of the individual�s personal data in exchange for access to the services provided by the agency or to the agency�s Internet website. 3/3/2021 Referred to Finance. Died. |
| Texas | 2021 State Bills Texas 2021 SB 19522021 legislative sessionRecord details | Privacy | Died | Relates to the capture and use of an individual's biometric identifiers, specimen, or genetic information by a governmental body or peace officer or by a person for commercial purposes. Died. |
| Texas | 2021 State Bills Texas 2021 SB 9622021 legislative sessionRecord details | Privacy | Died | Requires an individual or the individual�s authorized representative provide express consent for a person to: (1) obtain the individual �s genetic material or genetic information; (2) perform a genetic analysis of the individual or any other analysis or test of the individual that requires the individual �s genetic material; (3) retain the individual �s genetic material or genetic information; or (4) disclose, including through sale or donation, the individual �s genetic material or genetic information. passed_senate. 5/17/2021 Referred to House Public Health Committee. Died. |
| Utah | 2021 State Bills Utah 2021 HB 2742021 legislative sessionRecord details | Privacy | Died | Requires a government agency to make an annual report to the state auditor regarding: the government agency's collection, use, and disclosure of personal identifying information; any misuse or improper disclosure of personal identifying information; and measures taken to notify individuals of any misuse or improper disclosure. Personal identifying information includes DNA. 3/5/2021 House filed. |
| Utah | 2021 State Bills Utah 2021 SB 2002021 legislative sessionRecord details | Privacy | Died | Provides consumers the right to access, correct, and delete certain personal data. Gives consumers the right to opt out of the collection and use of personal data for certain purposes. Requires certain businesses that control and process personal data of consumers to: safeguard personal data; provide clear information to consumers regarding how the consumer's personal data are used; accept consumer requests to exercise the consumer's rights under this bill; comply with a consumer's request to exercise the consumer's rights under this bill; and maintain data protection assessments. Creates a process for a consumer to submit requests and appeal a business's decision regarding the business's processing of the consumer's personal data. Allows the Division of Consumer Protection to accept and investigate consumer complaints regarding the processing of personal data. Creates a right for a consumer to know what personal information a business collects, how the business uses the personal information, and whether the business sells the personal information. Allows a consumer to require a business to delete personal information, with exceptions, and direct a business that sells personal information to stop selling the consumer's personal information. 3/5/2021 Senate Filed. Died. |
| Utah | 2021 State Bills Utah 2021 SB 2272021 legislative sessionRecord details | Privacy | Enacted | Enacts the Genetic Information privacy Act. Requires a direct-to-consumer genetic testing company to: (1) provide a consumer clear information regarding the company's collection, use, and disclosure of genetic data; (2) provide a consumer a publicly available privacy notice; (3) obtain a consumer's consent for certain collection, use, or disclosure of the consumer's genetic data; (4) protect a consumer's genetic data; (5) allow a consumer to access and delete the consumer's genetic data; and (6) upon request, destroy a consumer's biological sample. Prohibits a direct-to-consumer genetic testing company from disclosing a consumer's genetic data to certain persons. 3/17/2021 Signed by the Governor. Effective 5/5/2021. |
| Vermont | 2021 State Bills Vermont 2021 H2332021 legislative sessionRecord details | Other Topics, Privacy | Died | Protects consumer privacy by requiring that a business that collects genetic data from a Vermont consumer to provide ancestry or similar information protects the data and keeps it confidential. Carries over to 2022. |
| Vermont | 2021 State Bills Vermont 2021 H2872021 legislative sessionRecord details | Other Topics | Enacted | Prohibits a large health care facility shall not discriminate on the basis of genetic information in its provision of financial assistance or in the implementation of its financial assistance policy. Carries over to 2022. |
| Vermont | 2021 State Bills Vermont 2021 S212021 legislative sessionRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Topics, Other Lines of Insurance Nondiscrimination | Died | Prohibits discrimination based on an individual�s genetic information in relation to employment, labor relations, insurance coverage, and the provision of social and medical services. 1/13/2021 Read 1st time & referred to Committee on Economic Development, Housing and General Affairs. Carries over to 2022. |
| Virginia | 2021 State Bills Virginia 2021 HB 23072021 legislative sessionRecord details | Privacy | Enacted | Establishes a framework for controlling and processing personal data in the Commonwealth. Applies to all persons that conduct business in the Commonwealth and either (i) control or process personal data of at least 100,000 consumers or (ii) derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers. Outlines responsibilities and privacy protection standards for data controllers and processors. Grants consumer rights to access, correct, delete, obtain a copy of personal data, and to opt out of the processing of personal data for the purposes of targeted advertising. Sensitive data, a form of personal data, is defined to include the processing of genetic or biometric data. The bill has a delayed effective date of January 1, 2023. Carried over to 2021 Special Session 1. Governor approved 3/2/21. |
| Virginia | 2021 State Bills Virginia 2021 SB 13922021 legislative sessionRecord details | Privacy | Enacted | Establishes a framework for controlling and processing personal data in the Commonwealth. Applies to all persons that conduct business in the Commonwealth and either (i) control or process personal data of at least 100,000 consumers or (ii) derive over 50 percent of gross revenue from the sale of personal data and control or process personal data of at least 25,000 consumers. Outlines responsibilities and privacy protection standards for data controllers and processors. Grants consumer rights to access, correct, delete, obtain a copy of personal data, and to opt out of the processing of personal data for the purposes of targeted advertising. Sensitive data, a form of personal data, is defined to include the processing of genetic or biometric data. The bill has a delayed effective date of January 1, 2023. Carried over to 2021 Special Session 1. Governor approved 3/2/21. |
| Washington | 2021 State Bills Washington 2021 HB 13462021 legislative sessionRecord details | Health Insurance Coverage | Pending | Requires an osteopathic physician and, physician, physician's assistant and advanced registered nurse practitioner to refer a person who is 18 years of age or younger to a children's specialty health care facility that can provide specialized diagnostic services, including genetic testing, unless the person is currently receiving care in such a facility, if the person has experienced any neurological or physical symptoms, including but not limited to seizures or missing developmental milestones. Requires a health carrier must provide coverage for genetic testing including up to a full genome panel as determined by the ordering practitioner to identify potential causes of seizures, neurological symptoms, or other physical symptoms as determined by the health care provider in persons who are 18 years of age or younger. Carries over to 2022. |
| Washington | 2021 State Bills Washington 2021 HB14332021 legislative sessionRecord details | Privacy | Pending | Creates a charter of people's personal data rights. Establishes the rights of an individual with regard to personal information. Prohibits a person or legal entity processing captured personal information in a manner that discriminates against consumer on the basis of various characteristics, including predisposing genetic characteristics. Carries over to 2022. |
| Washington | 2021 State Bills Washington 2021 SB 50622021 legislative sessionRecord details | Privacy | Pending | Prohibits a data controller from processing sensitive data concerning a consumer without obtaining the consumer's consent or, in the case of the processing of sensitive data of a known child, without obtaining consent from the child's parent or lawful guardian, in accordance with the children's online privacy protection act requirements. Data controllers must conduct and document a data protection assessment of processing activities involving personal data, including sensitive data such as genetic data. Carries over to 2022. |
| West Virginia | 2021 State Bills West Virginia 2021 HB 26632021 legislative sessionRecord details | Health Insurance Coverage | Died | Requires health_insurance_coverage of a comprehensive ultrasound screening if a mammogram demonstrates heterogeneous or dense breast tissue if a woman is believed to be at increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing, or other indications as determined by a woman�s physician or advanced practice nurse. To House Banking and Insurance 02/23/21. Died. |
| West Virginia | 2021 State Bills West Virginia 2021 HB 31592021 legislative sessionRecord details | Privacy | Died | Requires a business that collects personal information about consumers to maintain an online privacy policy, make such policy available on its Internet website, and update the information at least once every 12 months. Personal information includes biometric information such as an individual's DNA. 3/15/2021 To House Judiciary. Died. |
| West Virginia | 2021 State Bills West Virginia 2021 SB 5672021 legislative sessionRecord details | Health Insurance Nondiscrimination | Died | Requires health benefit plans to provide insurance to persons without regard to their health status. Prohibits insurers from using genetic information in decisions regarding premium, deductible, copay or coinsurance. 3/5/2021 To Senate Banking and Insurance Committee. Died. |
| Illinois | https://www.ilga.gov/legislation/fulltext.asp?DocName=10300HB4142lv&SessionID=1…Date not stated in source labelRecord details | Genetic discrimination | Introduced | As Introduced: Amends the Genetic Information Privacy Act. Provides that an insurer may not seek information derived from genetic testing for use in connection with a policy of life insurance. Provides that an insurer may consider the results of genetic testing in connection with a policy of life insurance if the individual voluntarily submits the results and the results are favorable to the individual. Amends the Illinois Insurance Code. Provides that an insurer must comply with the provisions of the Genetic Information Privacy Act in connection with the amendment, delivery, issuance, or renewal of a life insurance policy; claims for or denial of coverage under a life insurance policy; or the determination of premiums or rates under a life insurance policy. |
| Nebraska | https://www.nebraskalegislature.gov/FloorDocs/108/PDF/Slip/LB308.pdfDate not stated in source labelRecord details | Genetic discrimination | Approved | Adopt the Genetic Information Privacy Act. |
| Arizona | Arizona HB 2783Date not stated in source labelRecord details | Coverage and reimbursement | Introduced | Cancer screening; coverage; gene mutation. |
| California | California SB 625Date not stated in source labelRecord details | Neonatal sequencing | Pending | Newborn screening: genetic diseases: blood samples collected. |
| California | https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240…Date not stated in source labelRecord details | Neonatal sequencing | Died | SB 625 would make changes to the California Newborn Screening Program. |
| Florida | Florida SB 1548Date not stated in source labelRecord details | Neonatal sequencing | Died | Children?s Medical Services Program; Deleting a requirement that the Department of Health consult with the Department of Education before prescribing certain newborn testing and screening requirement... |
| Georgia | Georgia SB 135Date not stated in source labelRecord details | Genetic Data & Law Enforcement | Enacted | Relating to determination of paternity, so as to align evidentiary medical and genetic testing with the Uniform Parentage Act of 2017. |
| Hawaii | Hawaii HB 384Date not stated in source labelRecord details | Parentage law | Passed Senate | Relating to parentage. Enacts portions of the uniform parentage act of 2017 to replace the uniform parentage act of 1973. effective 3/22/2075. |
| Hawaii | Hawaii SB 484Date not stated in source labelRecord details | Parentage law | Introduced | Relating to parentage. Enacts portions of the uniform parentage act of 2017 to replace the uniform parentage act of 1973. takes effect 1/1/2024. |
| Illinois | http://www.ilga.gov/legislation/fulltext.asp?DocName=10300HB1024lv&SessionID=11…Date not stated in source labelRecord details | Neonatal sequencing | Introduced | As Introduced: Creates the Sickle Cell Prevention, Care, and Treatment Program Act. Requires the Department of Public Health to establish a grant program for the prevention, care, and treatment of sickle cell disease and for educational programs concerning the disease. Requires the Department to: (1) develop application criteria and standards of eligibility for groups or organizations that apply for funds under the program; and (2) make available grants to groups and organizations that meet the eligibility standards set by the Department. Provides that the highest priority for grants shall be given to established sickle cell disease community-based organizations, and priority shall be given to ensuring the establishment of sickle cell disease centers in underserved areas with a higher population of sickle cell disease patients. Requires the Department to determine the maximum amount available for each grant; determine policies for the expiration and renewal of grants; require that all grant funds be used for the purpose of prevention, care, and treatment of sickle cell disease or for educational programs concerning the disease; and develop a sickle cell disease educational outreach program that includes the dissemination of educational materials to specified persons and institutions. Permits the Department to contract with an entity to implement the outreach program. Requires the Department to adopt rules. Requires the Department to conduct a study to determine the prevalence, impact, and needs of individuals with sickle cell disease and the sickle cell trait in Illinois. Provides that implementation of the Act is subject to appropriation. Amends the State Finance Act. Creates the Sickle Cell Chronic Disease Fund. |
| Illinois | https://www.ilga.gov/legislation/fulltext.asp?DocName=10300HB1436lv&SessionID=1…Date not stated in source labelRecord details | Neonatal sequencing | Introduced | As Introduced: Amends Cannabis Regulation and Tax Act. Creates the Cannabis Equity and Oversight Commission. Provides that the Commission shall administer and enforce the provisions of the Act relating to the oversight, licensing, registration, and certification of dispensing organizations, cultivation centers, craft growers, infuser organizations, transporting organizations, laboratories, and agents, including, but not limited to, the issuance of identification cards and establishing limits on the potency or serving size of cannabis or cannabis products. Provides that the Commission may suspend or revoke the license of, or impose other penalties upon, dispensing organizations, cultivation centers, craft growers, infuser organizations, transporting organizations, laboratories, and their principal officers, agents-in-charge, and agents for violations of the Act or any rules adopted under the Act. Makes conforming changes throughout various Acts. Contains other provisions. Effective July 1, 2023. |
| Minnesota | https://www.revisor.mn.gov/bills/text.php?number=HF1520&type=bill&version=2&ses…Date not stated in source labelRecord details | Lab Developed Tests | Died | Direct-to-consumer genetic testing companies required to provide disclosure notices and obtain consent. |
| Illinois | https://www.ilga.gov/legislation/fulltext.asp?DocName=10300HB2178lv&SessionID=1…Date not stated in source labelRecord details | Neonatal sequencing | Introduced | As Introduced: Restores the statutes to the form in which they existed before their amendment by Public Act 102-662. Repeals the Energy Transition Act, the Energy Community Reinvestment Act, the Community Energy, Climate, and Jobs Planning Act, and the Illinois Clean Energy Jobs and Justice Fund Act. Effective immediately. |
| Illinois | https://www.ilga.gov/legislation/fulltext.asp?DocName=10300HB2605lv&SessionID=1…Date not stated in source labelRecord details | Neonatal sequencing | Introduced | As Introduced: Repeals the Firearm Owners Identification Card Act. Amends various Acts to make conforming changes. Effective immediately. |
| Minnesota | https://www.revisor.mn.gov/bills/text.php?number=HF4571&type=bill&version=1&ses…Date not stated in source labelRecord details | Coverage and reimbursement | Died | Health and human services supplemental budget bill. |
| Georgia | https://www.legis.ga.gov/api/legislation/document/20232024/215369Date not stated in source labelRecord details | Neonatal sequencing | Died | Relating to medical assistance generally, so as to provide for Medicaid coverage of rapid whole genome sequencing; to define a term; to provide for eligibility criteria; to provide for coverage criteria; to provide for necessary approvals and administrative actions. |
| Georgia | https://www.legis.ga.gov/api/legislation/document/20232024/215369Date not stated in source labelRecord details | Neonatal sequencing | Died | Relating to medical assistance generally, so as to provide for Medicaid coverage of rapid whole genome sequencing; to define a term; to provide for eligibility criteria; to provide for coverage criteria; to provide for necessary approvals and administrative actions. |
| Kansas | Kansas HB 2409Date not stated in source labelRecord details | Genetic Data & Law Enforcement, Parentage law | Introduced | Enacting the Kansas uniform parentage act (2017). |
| Kansas | Kansas SB 139Date not stated in source labelRecord details | Neonatal sequencing | Introduced | Expanding newborn screening services and increasing transfer from the medical assistance fee fund to the Kansas newborn screening fund. |
| Louisiana | Louisiana SB 104Date not stated in source labelRecord details | Coverage and reimbursement | Enacted | Provides for health_insurance_coverage of genetic testing for diseases and other medical conditions. |
| Maryland | Maryland SB 212Date not stated in source labelRecord details | Coverage and reimbursement, Genetic discrimination | Died | Prohibiting carriers that offer life insurance, long-term care insurance, and disability insurance policies or contracts from taking certain action regarding coverage based on whether an applicant or... |
| Massachusetts | Massachusetts HB 181Date not stated in source labelRecord details | Neonatal sequencing | Introduced | An Act relative to early intervention services for children with prenatal exposure to opioids. |
| Massachusetts | Massachusetts HD 1Date not stated in source labelRecord details | Neonatal sequencing | Introduced | An Act making appropriations for the Fiscal Year 2024 for the maintenance of the departments, boards, commissions, institutions, and certain activities of the Commonwealth, for interest, sinking fund... |
| Massachusetts | Massachusetts HD 777Date not stated in source labelRecord details | Neonatal sequencing | Introduced | An Act relative to early intervention services for children with prenatal exposure to opioids. |
| Massachusetts | Massachusetts SB 2400Date not stated in source labelRecord details | Neonatal sequencing | Introduced | An Act making appropriations for the fiscal year 2024 for the maintenance of the departments, boards, commissions, institutions, and certain activities of the Commonwealth, for interest, sinking fund... |
| Minnesota | Minnesota HB 1520Date not stated in source labelRecord details | Lab Developed Tests | Pending | Direct-to-consumer genetic testing companies required to provide disclosure notices and obtain consent. |
| Minnesota | Minnesota SB 1138Date not stated in source labelRecord details | Genetic data storage/privacy/sharing (industry), Lab Developed Tests | Introduced | Direct-to-consumer genetic testing companies requirement to provide disclosure notices and obtain consent. |
| Montana | Montana HB 682Date not stated in source labelRecord details | Neonatal sequencing | Approved | Revise laws related to collection of genetic material for newborn screenings. |
| New Hampshire | New Hampshire SB 240Date not stated in source labelRecord details | Genetic data storage/privacy/sharing (medicine) | Approved | Relative to conditions for genetic testing. |
| New Jersey | New Jersey AB 4206Date not stated in source labelRecord details | Coverage and reimbursement | Introduced | Requires health_insurance_coverage of prenatal genetic test during first trimester of pregnancy. |
| New Jersey | New Jersey AB 5473Date not stated in source labelRecord details | Coverage and reimbursement | Introduced | Requires health insurers to cover additional mammogram examinations and genetic testing and counseling under certain circumstances. |
| New Jersey | New Jersey SB 2542Date not stated in source labelRecord details | Coverage and reimbursement | Introduced | Requires health_insurance_coverage of preimplantation genetic testing with in vitro fertilization under certain conditions. |
| New Jersey | New Jersey SB 2987Date not stated in source labelRecord details | Coverage and reimbursement | Introduced | Requires health_insurance_coverage of prenatal genetic test during first trimester of pregnancy. |
| Pennsylvania | Pennsylvania HB 350Date not stated in source labelRecord details | Genetic Data & Law Enforcement | Introduced | An Act amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, adding provisions relating to establishment of parent-child relationship for certain individuals; providing fo... |
| Pennsylvania | Pennsylvania SB 8Date not stated in source labelRecord details | Coverage and reimbursement | Approved | An Act amending the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921, in casualty insurance, further providing for coverage for mammographic examinations and diagnost... |
| Rhode Island | Rhode Island HB 5351Date not stated in source labelRecord details | Consumer Personal Data Privacy, Coverage and reimbursement | Introduced | An act relating to insurance -- accident and sickness insurance policies (mandates insurance policies, provides coverage to diagnose & treat infertility for women between 25 & 42 years, including pre... |
| Rhode Island | Rhode Island SB 107Date not stated in source labelRecord details | Coverage and reimbursement | Passed Senate | An act relating to insurance -- accident and sickness insurance policies (mandates all insurance contracts/plans/policies provide coverage for the expense of diagnosing/treating infertility for women... |
| Minnesota | https://www.revisor.mn.gov/bills/text.php?number=SF1138&version=latest&session=…Date not stated in source labelRecord details | Genetic data storage/privacy/sharing (industry), Lab Developed Tests | Died | Direct-to-consumer genetic testing companies requirement to provide disclosure notices and obtain consent. |
| Hawaii | http://data.capitol.hawaii.gov/sessions/session2024/bills/SB1471_.htmDate not stated in source labelRecord details | Neonatal sequencing | Died | Relating to privacy. Prohibits the department of health or any recipient of individually identifiable health information of a newborn child obtained through genetic and metabolic screening tests required by law to disclose to any person other than the newborn child's parents, guardian, or other persons having custody or control of the newborn child, any individually identifiable health information of a newborn child, including disclosure to a law enforcement officer. establishes that any information obtained by a law enforcement officer in violation of this prohibition shall be deemed evidence acquired by unlawful means. |
| Hawaii | A BILL FOR AN ACTDate not stated in source labelRecord details | Genetic data storage/privacy/sharing (medicine), Neonatal sequencing | Died | Relating to privacy. Prohibits the department of health or any recipient of individually identifiable health information of a newborn child obtained through genetic and metabolic screening tests required by law to disclose to any person other than the newborn child's parents, guardian, or other persons having custody or control of the newborn child, any individually identifiable health information of a newborn child, including disclosure to a law enforcement officer. establishes that any information obtained by a law enforcement officer in violation of this prohibition shall be deemed evidence acquired by unlawful means. |
| California | https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240…Date not stated in source labelRecord details | Neonatal sequencing | Died | SB 625 would make changes to the California Newborn Screening Program. |
| Alabama | State StatuteAlabama: Code of Ala. 27-5-13Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | Health and disability insurers may not deny applicants insurance coverage because of a diagnosis of sickle cell anemia. |
| Alabama | State StatuteAlabama: Code of Ala. 27-53-1 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Health benefit plans, including the Alabama Medicaid Agency, may not require a genetic test to determine if a person has a predisposition to cancer as a condition of insurability or use the results of such a test to determine insurability or discriminate with respect to rates or benefits. The statutes set forth penalties for insurance companies or health maintenance organizations that violate the law. |
| Alaska | State StatuteAlaska: AS 18.13.010 et seq.Date not stated in source labelRecord details | Privacy | Statute | This statute provides protections for the privacy of DNA samples and the results of DNA analysis. DNA samples and the results of DNA analysis are the exclusive property of the person sampled or analyzed. Samples collected and analyses conducted for the DNA registry, law enforcement purposes, paternity testing, newborn screening, and emergency medical treatment are exempt. The statute sets forth civi and criminal penalties for violations of the law. |
| Alaska | State StatuteAlaska: AS 21.36.480Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Health care insurers offering individual or group plans must comply with the genetic information nondiscrimination requirements established under 42 USC 300gg-53, or 42 U.S.C. 300gg-1(b)(3), 42 U.S.C. 300gg-1(c) - (f), and 42 U.S.C. 300gg-91, respectively. |
| Alaska | State StatuteAlaska: AS 21.54.100 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Health care insurers in the group market may not establish rules for eligibility or continued eligibility based on genetic information or impose preexisting condition exclusions based on genetic information in the absence of a diagnosis. |
| Arizona | State StatuteArizona: ARS 1-602Date not stated in source labelRecord details | Privacy | Statute | Parents must consent in writing before any record of the minor child's blood or deoxyribonucleic acid is created, stored or shared, with some exceptions such as newborn screening. |
| Arizona | State StatuteArizona: ARS 12-2801 et seq.Date not stated in source labelRecord details | Privacy, Research | Statute | Information derived from genetic testing my only be released to the person tested or others with written authorization from the person tested with some exceptions, including but not limited to (1) a researcher for medical research and public health purposes, only if the research is conducted pursuant to applicable federal or state laws and regulations, (2) if the identity of the individual providing the sample is not disclosed to the person collecting and conducting research; or (3) a third person if approved by a human subjects review committee or human ethics committee, with respect to persons who are subject to a state cancer registry. The law also places restrictions on disclosure or compelling disclosure, requires consent from a parent or legal guardian of a minor to conduct genetic testing other than newborn screening, and requires written informed consent for genetic testing by health care providers with some exceptions. |
| Arizona | State StatuteArizona: ARS 20-1051 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A health care services organization may not cancel an enrollee's evidence of coverage issued on a group basis because of criteria specified in the statutes, including such health status-related factors. Genetic information is a health status-related factor. |
| Arizona | State StatuteArizona: ARS 20-1379Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Genetic information is a health status-related factor that may not be used as the basis for denial of coverage or as the basis for a pre-existing condition exclusion in the absence of a diagnosis in the individual health insurance market. |
| Arizona | State StatuteArizona: ARS 20-2301 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Accountable health plans may not (1) deny, limit or condition coverage or benefits based on health status-related factors, including genetic information or (2) impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. |
| Arizona | State StatuteArizona: ARS 20-448Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | Life and disability insurers (disability insurance is defined in the statutes to include health insurers) may not refuse to consider an application on the basis of a genetic condition. Information about a genetic condition may not be used for underwriting or ratemaking of life and disability insurance policies unless supported by the applicants medical condition, medical history and either claims experience or actuarial projections. In the case of disability insurance the use of information about a genetic condition for underwriting or ratemaking purposes constitutes unfair discrimination in the absence of a diagnosis. |
| Arizona | State StatuteArizona: ARS 20-448.02Date not stated in source labelRecord details | Privacy | Statute | A person may not order or require the performance of a genetic test without written informed consent. Genetic test results may not be disclosed without the express consent of the subject of the test or the person authorized to consent for that person. |
| Arizona | State StatuteArizona: ARS 41-1463Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | Employers may not discriminate against an individual based on genetic test results, notwithstanding professionally developed ability tests that are not designed to discriminate because of race, color, religion, sex or national origin. |
| Arkansas | State StatuteArkansas: Ark. Code 4-110-100 et seq.Date not stated in source labelRecord details | Privacy | Statute | Provides for the protection of personal information maintained by businesses, including biometric information. Biometric information is defined to include DNA. |
| Arkansas | State StatuteArkansas: Ark. Code 11-5-401 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | Employers may not seek to obtain, use or require a genetic test or genetic information to distinguish between or discriminate against persons applicants or employees. Criminal and civil penalties are set forth for violations. |
| Arkansas | State StatuteArkansas: Ark. Code 20-35-101 et seq.Date not stated in source labelRecord details | Privacy, Research | Statute | No individual records of subjects in genetic research studies approved by an institutional review board or conducted subject to the requirements of the federal common rule may be subpoenaed or subject to discovery in civil suits except in cases where the information in the records is the basis of the suit. These records may not be disclosed to an insurer or employer without the informed written consent of the subject. Stored tissues, including blood, that arise from surgery or other diagnostic and therapeutic steps may be disclosed for genetic or other research studies if the patients name or social security number is not attached to or included with the specimen. Identifying information may be disclosed with the informed written consent of the individual. Published results may not identify a subject unless the individual has provided specific informed consent. |
| Arkansas | State StatuteArkansas: Ark. Code 23-66-320Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Insurers except those offering life, disability income and long-term care plans may not request or require an individual or family member to obtain a genetic test for the purpose of determining eligibility, establishing premiums, limiting, renewing or terminating coverage, or another other underwriting activity or condition a policy on an individual taking a genetic test. |
| Arkansas | State StatuteArkansas: Ark. Code 23-79-140Date not stated in source labelRecord details | Health Insurance Coverage | Statute | Accident and health insurance companies, hospital service corporations, health maintenance organizations, or other accident and health insurance providers must offer coverage, as an essential health benefit, for mammogram screening, mammography and breast ultrasound for the diagnosis of breast disease. Coverage is required upon the recommendation of a physician without regard to age when a woman has (1) a prior history of breast cancer, (2) her mother or sister has a history of breast cancer, (3) positive genetic testing, or (4) other risk factors. |
| Arkansas | State StatuteArkansas: Ark. Code 23-86-304 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Preexisting condition exclusions may not be based on genetic information in the absence of a diagnosis. Insurers issuing group health plans may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information. |
| California | State StatuteCalifornia: Cal. Business and Professions Code 22949.50 et seq.Date not stated in source labelRecord details | Other Topics | Statute | Prohibits the sale of a gene therapy kit unless the seller includes a notice on the seller�s internet website to the consumer prior to the point of sale and on a label on the package stating that the kit is not for self-administration. |
| California | State StatuteCalifornia: Cal. Civil Code 1102.6gDate not stated in source labelRecord details | Other Topics | Statute | Prohibits any person or other entity whose business includes performing appraisals of residential real property from discriminating against any person in making available those services, or in the performance of those services, because of various characteristics, including genetic information. Requires every contract for the sale of real property to contain a notice regarding improper or illegal considerations such as genetic information in appraisal of property. |
| California | State StatuteCalifornia: Cal. Civil Code 1798.100 et seq.Date not stated in source labelRecord details | Privacy | Statute | Grants consumers the right to request a business to disclose the categories and specific pieces of personal information that it collects about the consumer; the categories of sources from which that information is collected; the business purposes for collecting or selling the information; and the categories of 3rd parties with which the information is shared. Biometric information, which is defined to include DNA, is considered personal information. On or before January 1, 2020, the Attorney General must solicit broad public participation to adopt regulations to further the requirements set forth in the law. |
| California | State StatuteCalifornia: Cal. Civil Code 1798.29, 1798.81.5 and 1798.82Date not stated in source labelRecord details | Privacy | Statute | Protects the privacy and security of computerized data, including personal information, owned or licensed by an agency. Genetic data is defined as any data that results from the analysis of a biological sample of an individual, or from another source enabling equivalent information to be obtained, and concerns genetic material. Genetic material includes, but is not limited to, deoxyribonucleic acids (DNA), ribonucleic acids (RNA), genes, chromosomes, alleles, genomes, alterations or modifications to DNA or RNA, single nucleotide polymorphisms (SNPs), uninterpreted data that results from analysis of the biological sample or other source, and any information extrapolated, derived, or inferred therefrom. |
| California | State StatuteCalifornia: Cal. Civil Code 51Date not stated in source labelRecord details | Other Topics | Statute | This statute was amended as part of 2011 CA SB 559, referred to as CalGINA, by adding genetic information to the list of characteristics addressed in the Unruh Civil Rights Act. All people in California are considered free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, medical condition, genetic information, marital status, sexual orientation, citizenship, primary language, or immigration status are entitled to the full and equal accommodations, advantages, facilities, privileges, or services in all business establishments of every kind whatsoever. |
| California | State StatuteCalifornia: Cal. Civil Code 56.17Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy | Statute | A person who negligently or willfully discloses genetic test results in an individuals medical records who is applying for or enrolled in a health care service plan, except with written authorization in the format specified, is subject to fines as set forth in the statutes. |
| California | State StatuteCalifornia: Cal. Civil Code 56.18 et seq.Date not stated in source labelRecord details | Privacy, Research | Statute | Creates the Genetic Information privacy Act. Requires a direct-to-consumer genetic testing company to do the following: (1) provide clear and complete information regarding the company�s policies and procedures for the collection, use, maintenance, and disclosure of genetic data; and (2) obtain a consumer�s express consent for collection, use, and disclosure of the consumer�s genetic data including, at a minimum, separate and express consent for each circumstance specified. Genetic data is defined as any data, regardless of its format, that results from the analysis of a biological sample from a consumer, or from another element enabling equivalent information to be obtained, and concerns genetic material. Genetic material includes, but is not limited to, deoxyribonucleic acids (DNA), ribonucleic acids (RNA), genes, chromosomes, alleles, genomes, alterations or modifications to DNA or RNA, single nucleotide polymorphisms (SNPs), uninterpreted data that results from the analysis of the biological sample, and any information extrapolated, derived, or inferred therefrom. Genetic data does not include deidentified data or data or a biological sample that is collected, used, maintained, and disclosed exclusively for scientific research conducted by an investigator with an institution that holds an assurance with the United States Department of Health and Human Services pursuant to Part 46 (commencing with Section 46.101) of Title 45 of the Code of Federal Regulations, in compliance with all applicable federal and state laws and regulations for the protection of human subjects in research. |
| California | State StatuteCalifornia: Cal. Civil Code 56.265Date not stated in source labelRecord details | Other Lines of Insurance Nondiscrimination | Statute | A person who underwrites or sells an annuity contract or contracts insuring, guaranteeing, or indemnifying against loss, harm, damage, illness, disability, or death, and any affiliate of that person or entity, shall not disclose individually identifiable information concerning the medical or genetic history of a customer for use with regard to granting credit. |
| California | State StatuteCalifornia: Cal. Government Code 12920 et seq.and 11135Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | These statute sections contain provisions from 2011 CA SB 559, referred to as CalGINA. The opportunity to seek, obtain, and hold employment without discrimination because of genetic information, is recognized as a civil right. It is an unlawful employment practice, unless based on a bonafide occupational qualification, to subject any employee, applicant or other person to a test for the presence of a genetic characteristic. In addition, a person in the State of California may not, on the basis of genetic information, be unlawfully denied full and equal access to the benefits of, or be unlawfully subjected to discrimination under, any program or activity that is conducted, operated, or administered by the state or by any state agency, is funded directly by the state, or receives any financial assistance from the state. |
| California | State StatuteCalifornia: Cal. Health and Safety Code 124975 et seq.Date not stated in source labelRecord details | Use of Residual Newborn Screening Specimens | Statute | All testing results and personal information from hereditary disorders programs obtained from any individual, or from specimens from any individual, is confidential and is considered a confidential medical record except for information that the individual, parent, or guardian consents to be released, provided after being fully informed of the scope of the information requested to be released, of all of the risks, benefits, and purposes for the release, and of the identity of those to whom the information will be released or made available, except for data compiled without reference to the identity of any individual, and except for research purposes, provided that pursuant to the Common Rule The research must first be reviewed and approved by an IRB. The health department, any entities approved by the department, and researchers must maintain the confidentiality of patient information and blood samples in the same manner as other medical record information with patient identification and may use it only for approved research to (1) identify risk factors for children's and women's diseases;(2) research to develop and evaluate screening tests;(3) research to develop and evaluate prevention strategies; and (4) research to develop and evaluate treatments. The State Committee for the Protection of Human Subjects (CPHS) must determine if all of the if specified criteria are met for purposes of ensuring the security of a donor's personal information, before any blood samples are released pursuant for research purposes. |
| California | State StatuteCalifornia: Cal. Health and Safety Code 24170 et seq.Date not stated in source labelRecord details | Research | Statute | Provides for the protection of human subjects participating in medical experiments. Enacts the Experimental Subject's Bill of Rights, which details informed consent requirements. |
| California | State StatuteCalifornia: Cal. Health and Safety Code 130200 et seq.Date not stated in source labelRecord details | Privacy, Research | Statute | Establishes the Center for Data Insights and Innovation within the California Health and Human Services Agency, and transfer the duties of the Office of Health Information Integrity and the Office of Patient Advocate to the center. Requires the center to: (1) assume responsibility for administering the State Committee for the Protection of Human Subjects; (2) keep all personal information obtained by the center confidential, as specified; and (3) meet various requirements with regard to the disclosure of information, including the development of a comprehensive program regarding the disclosure of information to qualified researchers according to specified data use agreements. |
| California | State StatuteCalifornia: Cal. Health and Safety Code 1357.503 et seq., Insuranc…Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Authorizes an association of employers to offer a large group health care service plan contract or large group health insurance policy to small group employer members of the association consistent with federal Employee Retirement Income Security Act of 1974, if certain requirements are met. A policy or contract that covers a small employer, as defined in subsection (b) of Section 1304 of PPACA and in Section 1357.500 of the California Health and Safety Code, may not establish rules for eligibility, including continued eligibility, of an individual, or dependent of an individual, to enroll under the terms of the policy or contract based on any of the following health status-related factors, including genetic information. |
| California | State StatuteCalifornia: Cal. Health and Safety Code 1358.24, and Insurance Cod…Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | An issuer of a Medicare supplement contract must adhere to the requirements imposed by the federal Genetic Information Nondiscrimination Act of 2008 (Public Law 110-233). |
| California | State StatuteCalifornia: Cal. Health and Safety Code 1374.7, Insurance Code 101…Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Health care service plans, self-insured employee welfare benefit plans, and multiple employer welfare arrangements may not refuse to enroll any person, refuse to accept or renew a subscriber, charge a higher rate, or offer different terms, conditions or benefits on the basis of genetic characteristics that may be associated with disability in that person or that persons offspring. A plan may not seek information about genetic characteristics for non-therapeutic purposes. Specific penalties are set forth for violations by self-insured employee welfare benefit plans and multiple employer welfare arrangements. |
| California | State StatuteCalifornia: Cal. Health and Safety Code 1399.804, and Insurance Co…Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Health care service plans and carriers, agents or brokers offering health benefit plans to individuals or solicitors may not encourage or direct federally eligible defined individuals to refrain from an application for coverage because of genetic information. Plans, agents or brokers may not enter into any contract, agreement or arrangement with a solicitor that provides for or results in the compensation paid to a solicitor for the sale of a health care service plan contract or health benefit plan design to be varied because of genetic information. |
| California | State StatuteCalifornia: Cal. Ins. Code 10950 et seq. and Health and Safety Co…Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | The statutes require carriers and health care service plans offering plan contracts in the individual market, other than individual grandfathered plan coverage, to offer to the responsible party for a child coverage for the child that does not exclude or limit coverage due to any preexisting condition of the child. A health care service plan may not condition the issuance or offering of individual coverage on certain factors, including genetic information. |
| California | State StatuteCalifornia: Cal. Insurance Code 10140 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | Disability insurers covering hospital, medical and surgical expenses may not fail or refuse to accept an application, fail or refuse to issue insurance, cancel or refuse to renew insurance, charge a higher rate or premium, offer or provide different terms, conditions or benefits, or place a limitation on coverage based on genetic characteristics that may be associated with disability in a person of that persons offspring. These insurers also may not seek information about a persons genetic characteristics for non-therapeutic purposes. Specific penalties are set forth for violations. Life and disability insurers may not discriminate based solely on the fact that the person to be insured carries a gene that may be associated with disability in that person or the persons offspring, but which causes no adverse effects in the carrier, including but not limited to Tay-Sachs trait, sickle cell trait, thalassemia trait, and X-linked hemophilia trait. |
| California | State StatuteCalifornia: Cal. Insurance Code 10146 et seq.Date not stated in source labelRecord details | Other Lines of Insurance Nondiscrimination | Statute | Tests for genetic characteristics may not be required to determine insurability for life and disability income insurance except for policies contingent on review or testing for other diseases and conditions and only with informed consent. Policies may only limit benefits otherwise payable if loss is caused or contributed to by the presence or absence of genetic characteristics if the insurer imposes limitations for other medical conditions that present an increased risk. A life or disability income insurer may not request a genetic test to determine eligibility for hospital, medical or surgical insurance coverage or coverage under a nonprofit hospital service or health care service plan. The statutes set forth civil and criminal penalties for violations. |
| Colorado | State StatuteColorado: CRS 10-16-02Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Health-status related factor is defined to include genetic information in Title 10 Article 16, which pertains to health care coverage. |
| Colorado | State StatuteColorado: CRS 10-16-102 et seq.Date not stated in source labelRecord details | Health Insurance Coverage | Statute | The law requires breast cancer screening with mammography annually for persons with a predisposition to breast cancer. |
| Colorado | State StatuteColorado: CRS 10-3-1104.6Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy, Research | Statute | Genetic information the property of the individual, and written consent is required for its disclosure other than for diagnosis, treatment or therapy. Health care entities may not retain or use genetic information for non-therapeutic purposes or request or require a genetic test; however, test results may be used on a limited basis to make payment decisions. Exceptions under the law include the use of genetic information for scientific research if the identity of the individual to whom the genetic information pertains is not disclosed to a third party other than the individuals physician with written consent. The law provides remedies for individuals whose rights are violated. |
| Colorado | State StatuteColorado: CRS 10-3-1104.7Date not stated in source labelRecord details | Other Lines of Insurance Nondiscrimination, Privacy, Research | Statute | Genetic information is the property of the individual to whom it pertains. Release of genetic information that identifies the person tested for purposes other than diagnosis, treatment and therapy requires specific written consent. Exemptions under the law include some uses by research facilities. researchers may use genetic testing information for scientific research as long as the identity of any individual to whom the information pertains is not disclosed to any third party except that the individuals identity may be disclosed to the individuals physician with written consent. Group disability or long-term care insurers that receive genetic information may not seek, use or keep the information for any non-therapeutic or underwriting purpose. Life insurers and individual disability insurers may not perform a genetic test without informed consent. Penalties are set forth for unfair trade practices with respect to group disability and long-term care insurance. |
| Colorado | State StatuteColorado: CRS 6-23-101 et seq.Date not stated in source labelRecord details | Other Topics | Statute | Prohibits direct primary health care providers from discriminating in the selection of patients on the basis of genetic information and other protected classes. |
| Connecticut | State StatuteConnecticut CGA 19a 53Date not stated in source labelRecord details | Use of Residual Newborn Screening Specimens | Statute | The Health Commissioner must review and approve research proposals to be conducted using personally identifiable information in the newborn screening system or requiring contact with affected individuals. |
| Connecticut | State StatuteConnecticut CGA 38a 503 et seq.Date not stated in source labelRecord details | Health Insurance Coverage | Statute | The statute provides coverage of specified services for women who meet the age requirements set forth in the statute. If a woman is believed to be at increased risk for breast cancer due to 1) family history or prior personal history of breast cancer or 2) positive genetic testing or other indications as determined by a woman's physician advanced practice registered nurse, individual and group health insurers must provide a mammogram, which may be provided by breast tomosynthesis at the option of the woman covered under the policy, and comprehensive ultrasound screening of an entire breast or breasts. Ultrasound screening is provided only if a mammogram demonstrates heterogeneous or dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology. |
| Connecticut | State StatuteConnecticut: CGA 38 1 et seq.Date not stated in source labelRecord details | Other Lines of Insurance Nondiscrimination | Statute | Prohibits insurers, health care centers and fraternal benefit societies from, in connection with the issuance, withholding, extension or renewal of an annuity or an insurance policy for life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurance: (1) requesting, requiring, purchasing or using information obtained from an entity providing direct-to-consumer genetic testing without the informed written consent of the individual who has been tested; (2) conditioning insurance rates, the provision or renewal of insurance coverage or benefit or other conditions of insurance for an individual on a requirement or agreement that the individual undergo genetic testing; and (3) conditioning insurance rates, the provision or renewal of insurance coverage or benefit or other conditions of insurance for an individual on the results of any genetic testing of a member of the individual's family unless the results are contained in the individual's medical record. |
| Connecticut | State StatuteConnecticut: CGA 38a 476 and 816Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Any hospital and medical expense incurred policy, hospital or medical service plan contract and health care center subscriber contract providing individual or group health_insurance_coverage may not refuse to insure, continue to insure, limit coverage, or charge an individual a different rate because of genetic information. In this type of coverage and all health insurance plans pre-existing condition exclusions may not be based on genetic information in the absence of a diagnosis. |
| Connecticut | State StatuteConnecticut: CGA 38a 999Date not stated in source labelRecord details | Privacy | Statute | An insurance institution, agent or insurance support organization that collects, uses or discloses medical record information must have written policies, standards and procedures for the management, transfer and security of medical record information, including additional protection against unauthorized disclosure of sensitive health information such as information regarding genetic testing and the fact that an individual has undergone a genetic test. |
| Connecticut | State StatuteConnecticut: CGA 46a 60Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | It is a discriminatory practice for an employer, an employment agency, or for any labor organization to request or require genetic information from an employee, a person seeking employment or a member. These entities may not discharge, expel or otherwise discriminate against any person on the basis of genetic information. |
| District of Columbia | State StatuteDC Official Code 2-1401.01 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination | Statute | Employers, employment agencies and labor organizations may not discriminate based on genetic information with some exceptions such as to investigate a workers' compensation claim. A health benefit plan or health insurer may not establish rules for the eligibility or adjust premium or contribution amounts for an individual on the basis of genetic information concerning the individual or his/her family member, including information about a request for or receipt of genetic services by an individual or the individual's family member. Health insurers also may not require or request a genetic test. |
| Delaware | State StatuteDelaware: Del. Code 16 1201 et seq.Date not stated in source labelRecord details | Privacy, Research | Statute | Informed consent is required to obtain or retain genetic information about an individual. Exemptions include anonymous research where the identity of the subject will not be released. A sample from which genetic information has been obtained must be promptly destroyed with certain exceptions, including retention for anonymous research. An individual may inspect, request correction of and obtain genetic information from the records of that individual. The law sets forth civil penalties for violations. |
| Delaware | State StatuteDelaware: Del. Code 18 2317Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Discrimination is prohibited in the issuance, denial or renewal of or in the fixing of the rates, terms or conditions for health insurance, excluding disability or long-term care insurance. The law provides for a cause of action in the nature of defamation, invasion of privacy or negligence with some exceptions. |
| Delaware | State StatuteDelaware: Del. Code 18 3571M, 3572, 3602, 3611, and 7202Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A health status-related factor is defined to include genetic information with respect to large group health plans, individual health plans and small employer health insurance. Group health insurers may not establish rules for eligibility of an individual to enroll based on a health status related factor. Individual health insurers may not establish rules for eligibility of an individual to enroll under the terms of the coverage based on a health status-related factor. |
| Delaware | State StatuteDelaware: Del. Code 19 710 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | Employers, employment agencies, labor organization or joint labor-management committee controlling apprenticeships or other training may not discriminate based on genetic information. These entities may admit or employ any individual on the basis of genetic information in those certain instances where genetic information is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Enforcement provisions, processes for civil action by the Attorney General or charging party, judicial remedies and civil penalties are established. |
| Delaware | State StatuteDelaware: Del. Code 801CDate not stated in source labelRecord details | Use of Residual Newborn Screening Specimens | Statute | Prohibits research utilizing stored blood specimens or the stored data without parental consent, except for population-based studies in which all identifying information is removed. Parents may elect not to participate in blood spot storage. |
| Florida | State StatuteFlorida FS 1014.01 et seq.Date not stated in source labelRecord details | Privacy | Statute | Creates the Parents' Bill of Rights. Parental rights include the right to consent in writing before any record of his or her minor child's blood or deoxyribonucleic acid (DNA) is created, stored, or shared, except as required by general law or authorized pursuant to a court order. |
| Florida | State StatuteFlorida FS 627.4301 et seq.Date not stated in source labelRecord details | Other Lines of Insurance Nondiscrimination | Statute | Prohibits life, long-term care, or disability income insurers from: (1) canceling, limiting or denying coverage, or establishing differentials in premium rates, based on genetic information in the absence of a diagnosis; (2) requiring or soliciting genetic information, using genetic test results, or considering a person's actions related to genetic testing for any insurance purpose. |
| Florida | State StatuteFlorida FS 817.5655Date not stated in source labelRecord details | Privacy, Research | Statute | Prohibits a person to from willfully, and without express consent: (1) collecting or retaining another person's DNA sample with the intent to perform DNA analysis; (2) submitting another person's DNA sample for analysis or conducting or procuring the conduct of another person's DNA analysis; (3) disclosing another person's DNA analysis result to a third party; and (4) selling or otherwise transferring another person's DNA sample or the results of another person's DNA analysis to third party, regardless of whether the DNA sample was originally collected, retained, or analyzed with express consent. The bill provides exemptions for certain activities such as research subject to, and conducted in compliance with, 45 C.F.R. part 46, 21 C.F.R. parts 50 and 56, or 45 C.F.R. parts 160 and 164. |
| Florida | State StatuteFlorida: FS 448.075 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | No person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity shall deny or refuse employment to any person or discharge any person from employment solely because such person has the sickle-cell trait. These entities also may not require screening or testing for the sickle-cell trait as a condition for employment. |
| Florida | State StatuteFlorida: FS 626.9706 et seq.Date not stated in source labelRecord details | Other Lines of Insurance Nondiscrimination | Statute | Insurers may not refuse to issue or deliver any policy of life insurance or disability insurance that affords certain services and benefits or impose a higher premium rate or charge for those policies solely because the person to be insured has the sickle-cell trait. |
| Florida | State StatuteFlorida: FS 627.4301, 636.0201, and 641.438Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Insurers offering health insurance, a self-insured plan, a multiple employer welfare arrangement, a prepaid limited health service organization, a health maintenance organization, a prepaid health clinic, a fraternal benefit society or any health care arrangement where risk is assumed may not cancel, limit, or deny coverage or establish differentials in premium rates based on genetic information in the absence of a diagnosis. Health insurers may not require or solicit genetic information, use genetic test results, or consider a person's decisions or actions relating to genetic testing for any insurance purpose. |
| Florida | State StatuteFlorida: FS 627.6561 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | An insurer that offers a group health insurance policy may not establish rules for eligibility or continued eligibility based on certain health status-related factors, including genetic information or use genetic information in the absence of a diagnosis as the basis for a pre-existing condition exclusion. |
| Florida | State StatuteFlorida: FS 641.31071 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Health care service programs may not treat genetic information as a preexisting condition in the absence of a diagnosis. A health maintenance organization that offers group health_insurance_coverage may not establish rules for eligibility or continued eligibility of an individual to enroll under the terms of the contract based on certain health status-related factors, including genetic information. |
| Florida | State StatuteFlorida: FS 760.40Date not stated in source labelRecord details | Privacy | Statute | Informed consent is required to perform DNA analysis. The results of DNA analysis, whether held by a public or private entity, are the exclusive property of the person tested, are confidential, and may not be disclosed without express consent. A person who performs DNA analysis or receives records, results, or findings of DNA analysis must provide the person tested with notice that the analysis was performed or that the information was received. |
| Georgia | State StatuteGeorgia: OCGA 33-54-1 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy, Research | Statute | Genetic information is the property of the individual tested. Prior written authorization is required for genetic testing and release of results to anyone other than the person tested. A fraternal benefit society, a nonprofit medical service corporation, a health care corporation, a health maintenance corporation, or a self-insured health plan not subject to the exclusive jurisdiction of ERISA may not seek information derived from genetic testing, and if it is received, the information may not be used for any nontherapeutic purpose or be released without explicit written consent. Exceptions include scientific research facilities, which may conduct genetic testing and use information derived from testing for scientific research if the identity of any individual tested is not disclosed to any third party, except to an individual's physician with consent. |
| Georgia | State StatuteGeorgia: OCGA 45-18-4.1Date not stated in source labelRecord details | Health Insurance Coverage | Statute | Requires the state employees' health insurance and benefit plan to cover mammograms and breast imaging for individuals at high risk for breast cancer. Individuals at high risk include those with a known BRCA 1 or 2 mutation based on genetic testing or with a first degree relative with known mutation. |
| Hawaii | State StatuteHawaii: HRS 378-1 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | Employers may not discriminate against any individual because of being regarded as having an impairment, which includes employer consideration of (1) an individual's genetic information, (2) genetic information of any family member of an individual, or (3) the individual's refusal to submit to a genetic test as a condition of initial or continued employment. The statutes also contain provisions pertaining to employment agencies and labor organizations. |
| Hawaii | State StatuteHawaii: HRS 431:10A-118, 431:10A-404.5, 432:1-607, 432:2-404.5, an…Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy | Statute | No insurer providing accident and health or sickness insurance coverage or extended health_insurance_coverage, mutual benefit society, fraternal benefit society, or health maintenance organization may use an individual's or a family member's genetic information or a request for genetic services to (1) deny or limit any coverage or (2) establish eligibility, continuation, enrollment, or premium payment. These entities may not request or require collection or disclosure of genetic information of an individual or family member or disclose genetic information without written consent. |
| Idaho | State StatuteIdaho: IC 39-8301 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination, Privacy | Statute | An employer may not (1) access or otherwise take into account private genetic information, (2) request or require consent to a release of private genetic information, (3) request or require a genetic test, or (4) inquire about taking or refusal to take a genetic test in connection with a hiring, promotion, retention or other related decision. An exception is made under certain circumstances for an order compelling disclosure of private genetic information. |
| Idaho | State StatuteIdaho: IC 41-1313Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | With respect to disability insurance or any health benefit plan, no person may discriminate on the basis of a genetic test or private genetic information in the issuance of coverage or the fixing of rates, terms or conditions. |
| Idaho | State StatuteIdaho: IC 41-2221, 41-3940, and 41-4708Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | General managed care plans and health benefit plans covering large and small employers may not treat genetic information in the absence of a diagnosis as a pre-existing condition. |
| Idaho | State StatuteIdaho: IC 72-438Date not stated in source labelRecord details | Other Topics | Statute | If a firefighter is diagnosed with breast cancer after five years of employment, and the disease was not revealed during an initial employment medical screening examination, then the disease is presumed to be proximately caused by the firefighter's employment as a firefighter. The presumption applies to breast cancer diagnosed before the age of forty (40) years and when a breast cancer 1 or breast cancer 2 genetic predisposition is not present. |
| Illinois | State StatuteIllinois: 215 ILCS 5/356g, 215 ILCS 125/4-6, 305 ILCS 5/5-5Date not stated in source labelRecord details | Health Insurance Coverage | Statute | Individual and group health insurers, health maintenance organizations and the Illinois Department of Healthcare and Family Services (for eligible individuals) must provide coverage for a mammogram and a screening MRI at the age and intervals considered medically necessary by the woman's health care provider for women under 40 years of age and having a family history of breast cancer, prior personal history of breast cancer, positive genetic testing, or other risk factors. Coverage for a comprehensive ultrasound screening of an entire breast or breasts also is required if a mammogram demonstrates heterogeneous or dense breast tissue based on the Breast Imaging Reporting and Data System established by the American College of Radiology or if the woman is at increased risk for breast cancer due to family history or prior personal history of breast cancer, positive genetic testing, or other indications as determined by a woman's health care provider. |
| Illinois | State StatuteIllinois: 215 ILCS 5/356vDate not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | An insurer must comply with the provisions of the Genetic Information privacy Act in connection with the amendment, delivery, issuance, or renewal of, or claims for or denial of coverage under, an individual or group policy of accident and health insurance. Genetic information may not be treated as a pre-existing condition in the absence of a diagnosis of the condition under the Illinois Health Insurance Portability and Accountability Act. |
| Illinois | State StatuteIllinois: 215 ILCS 5/356z.43Date not stated in source labelRecord details | Health Insurance Coverage | Statute | Provides that an individual or group policy of accident and health insurance or managed care plan that is amended, delivered, issued, or renewed on or after the effective date of the amendatory Act must provide coverage for medically necessary comprehensive cancer testing and testing of blood or constitutional tissue for cancer predisposition testing as determined by a physician. Comprehensive cancer testing includes, but is not limited to, the following forms of testing: (1) targeted cancer gene panels; (2) whole-exome genome testing; (3) whole genome testing; (4) RNA sequencing; and (5) tumor mutation burden. |
| Illinois | State StatuteIllinois: 215 ILCS 97/20 and 97/25Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A group health plan and a health insurance issuer offering group health_insurance_coverage may not impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis or establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information. |
| Illinois | State StatuteIllinois: 410 ILCS 513/1 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Privacy | Statute | Genetic information may only be released to the individual tested and to other authorized persons with a few exceptions. An insurer may not seek information derived from genetic testing for use in connection with a policy of accident and health insurance, and an insurer that receives this information may not use it for non-therapeutic purposes unless the favorable results of a genetic test are voluntarily submitted. An employer, employment agency, labor organization, and licensing agency must treat genetic testing and genetic information in a manner that is consistent with federal law, including but not limited to the Genetic Information Nondiscrimination Act of 2008. Prohibited actions by employers, employment agencies and labor organizations are specified. No person may disclose the identity of any person upon whom a genetic test is performed or the results of a genetic test in a manner that permits identification of the subject of the test with some exceptions. A company providing direct-to-consumer genetic testing must obtain consent from the individual tested to share genetic information with any health or life insurance company. |
| Indiana | State StatuteIndiana: IC 16-41-17-10Date not stated in source labelRecord details | Use of Residual Newborn Screening Specimens | Statute | The state health department must develop a system for using, for epidemiological survey and research purposes, any waste blood specimen left over after newborn screening. Waste blood specimens used for the purpose of epidemiological survey may not include the name or other identifying characteristics that would identify the individual submitting the specimen. |
| Indiana | State StatuteIndiana: IC 16-39-5-2Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | An insurer (except a life insurance company) may not obtain genetic screening or testing results without a separate written consent from an individual, but these entities are not liable for inadvertent receipt of results without consent. |
| Indiana | State StatuteIndiana: IC 27-4-1-4 and 27-8-26-1 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Every accident and sickness policy, contract through which an HMO furnishes health care, government self-insured health care plan, and employee welfare benefit plan may not (1) require a genetic screening or testing; (2) consider screening or testing information in a manner adverse to member, applicant or their family members; (3) inquire about genetic screening or test results, use or base a decision on such information to cancel, refuse to issue, renew or enter into a contract, limit benefits, or charge higher premiums under health care services coverage; or (4) make an adverse decision about applicants or their family based genetic testing or screening results in medical records or other reports. An insurer may consider voluntarily submitted genetic test results if they are favorable. A violation of the law is an unfair method of competition deceptive act and practice in the business of insurance. |
| Iowa | State StatuteIowa: IC 507B.4, 513B.9A and 513B.10Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy, Research | Statute | Health insurers may not discriminate based on genetic information or tests. Authorization is required to obtain genetic information or samples. Consent requirements are established to collect, retain, transmit or use genetic information. Exceptions under consent requirements include medical or scientific research and eduction and for use in medical repositories and registries if it does not contain personally identifiable information. Health insurers may not release genetic information without prior written authorization. Exceptions for release requirements include (1) if an individual is participating in research settings, including those governed by the federal policy for the protection of human subjects, and (2) tests conducted purely for research. A carrier or organized delivery system offering group health_insurance_coverage may not establish rules for eligibility or continued eligibility based on a health status-related factors, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. |
| Iowa | State StatuteIowa: IC 514J.101 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A health carrier to notify a covered person of the right to request an external review and include appropriate statements and information in the written notice of a final adverse decision. Health carriers also must include with the notice an authorization form or other document developed by the state that complies with the federal Genetic Information Nondiscrimination Act. |
| Iowa | State StatuteIowa: IC 729.6Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | An employer, employment agency, labor organization, licensing agency, or its employees, agents, or members may not solicit, require or administer a genetic test as a condition of employment, application, membership or licensure or affect the terms, conditions, or privileges of employment, application, membership, or licensure, of a person who obtains a genetic test. A person may not sell or interpret genetic tests for the above entities except with informed written consent for the purpose of workers compensation or biomonitoring of workplace toxins. Agreements between parties regarding pay or benefit for taking a genetic test are prohibited. The law may be enforced through civil action. |
| Kansas | State StatuteKansas: KSA 40-2209, 40-2209p, 40-2257, and 40-2259Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | The statutes restrict the use of genetic tests, information about whether an individual or family member has obtained a genetic test, and test results by a health insurance company, health maintenance organization, nonprofit medical and hospital, dental, optometric or pharmacy corporation, or a group subject to K.S.A. 12-2616 et seq. offering group policies and certificates of coverage or individual policies providing hospital, medical or surgical expense benefits. These entities may not require any individual, as a condition of enrollment or continued enrollment, higher premiums or contributions or than a similarly situated individual based on a genetic test or adjust premium or contribution amounts based on a genetic test. An accident or sickness insurer may not deny coverage based on a health status-related factors, including genetic information, and group policies providing hospital, medical or surgical expense benefits may not impose pre-existing condition exclusions based on genetic information in the absence of a diagnosis. The use of such information by an insurer writing life insurance, disability income insurance or long-term care insurance coverage also is restricted unless it is for the purpose of writing life insurance coverage. Life, disability income or long-term care insurers also may not provide for rates or any other aspect of coverage that is not reasonably related to the risk involved. |
| Kansas | State StatuteKansas: KSA 44-1002 and 44-1009Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | An employer may not (1) seek to obtain, obtain or use genetic screening or testing information of an employee or a prospective employee to discriminate against an employee or a prospective employee or (2) subject any employee or prospective employee to any genetic screening or test. |
| Kansas | State StatuteKansas: KSA 72-6214Date not stated in source labelRecord details | Privacy | Statute | Prohibits school districts from collecting biometric data from a student, including a DNA sequence, unless the student, if an adult, or the parent or legal guardian of the student, if a minor, consents in writing. |
| Kentucky | State StatuteKentucky: KRS 304.12-085Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Privacy | Statute | Individual or group health benefit plan or insurers may not (1) deny, cancel, or refuse to renew the benefits or coverage, or vary the premiums, terms, or conditions for the benefits or coverage, for any participant or beneficiary based on a genetic test for which symptoms have not manifested or a request or receipt of genetic services or (2) disclose any genetic test without prior authorization for each disclosure. A group or individual health benefit plan or insurer or a disability income insurer may not request or require the disclosure of any genetic test about a participant or beneficiary without prior written authorization for each disclosure. |
| Kentucky | State StatuteKentucky: KRS 304.17A-200 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | An insurer that offers health benefit plan coverage in the small group, large group, or association market may not establish rules for eligibility based on health status-related factors, including genetic information. Health insurers offering individual health benefit plan coverage may not impose a pre-existing conditions exclusion based on genetic information in the absence of a diagnosis. |
| Kentucky | State StatuteKentucky: KRS 304.17A-259Date not stated in source labelRecord details | Health Insurance Coverage | Statute | Requires health benefit plans to cover any genetic test for cancer risk recommended by a physician, physician's assistant, genetic counselor or nurse if the recommendation is consistent with genetic testing guidelines of the National Comprehensive Cancer Network. |
| Kentucky | State StatuteKentucky: KRS 61.931 et seq.Date not stated in source labelRecord details | Privacy | Statute | Public agencies and nonaffiliated third parties must implement, maintain, and update security procedures and practices to safeguard personal information, including a biometric or genetic print. |
| Louisiana | State StatuteLouisiana: LRS 22:1023, 40:2210, and 22: 1097Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy, Research | Statute | The statutes prohibit discrimination based on genetic information of an individual or family member or the request or receipt of genetic services by a hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, health and accident insurance policy, preferred provide organization or any other insurance contract of this type. Other restrictions also are placed on these entities with respect to genetic information and testing. An insurer offering individual or group health_insurance_coverage may request a genetic test if the request is made in compliance with the Common Rule and other specified criteria are met. Exceptions under the law include anonymous research where the identity of the subjects will not be released. An insured or enrollees genetic information is the property of the individual to whom it pertains and may not be retained without authorization with some exceptions. Civil penalties for violations are set forth. |
| Louisiana | State StatuteLouisiana: LRS 22:1028.1Date not stated in source labelRecord details | Health Insurance Coverage | Statute | Requires health plans to cover the cost of the genetic testing of the BRCA1 and BRCA2 genes to detect an increased risk for breast and ovarian cancer when recommended by a healthcare provider in accordance with the United States Preventive Services Task Force recommendations. |
| Louisiana | State StatuteLouisiana: LRS 22:1054.1Date not stated in source labelRecord details | Health Insurance Coverage | Statute | Requires coverage of cancer treatment targeting a specific genetic mutation. Prohibits a health coverage plan from denying coverage for the treatment of a metastatic or unresectable tumor with a medically necessary drug on the sole basis that the drug is not indicated for the location in the body of the patient's cancer, if the drug is FDA approved for the treatment of the specific mutation of the patient's cancer. Requires health_insurance_coverage for annual MRI at age 25 and annual mammography at age 30 for women with a hereditary susceptibility to breast cancer based on pathogenic mutation carrier status. |
| Louisiana | State StatuteLouisiana: LRS 22:1061 and1063Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A group health plan, and a health insurance issuer offering group health_insurance_coverage may not use genetic information in the absence of a diagnosis as the basis for a pre-existing condition exclusion or establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information. |
| Louisiana | State StatuteLouisiana: LRS 22:1964Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | It is an unfair method of competition and deceptive act and practice in the business of insurance to discriminate against an insured, enrollee, or beneficiary in the issuance, payment of benefits, withholding of coverage, cancellation or nonrenewal of a policy, contract, plan, or program based upon the results of a genetic test or receipt of genetic information. Actions of an insurer or third parties dealing with an insurer taken in the ordinary course of business in connection with the sale, issuance or administration of a life, disability income, or long-term care insurance policy are exempt from the law. |
| Louisiana | State StatuteLouisiana: LRS 22:918Date not stated in source labelRecord details | Other Lines of Insurance Nondiscrimination | Statute | Prohibits life and long-term care insurers, in determining eligibility for coverage, establishing premiums, limiting coverage, or making any other underwriting decisions from doing the following: (1) taking into consideration the fact that an individual or a family member of the individual participated in genetic research, including any request for or receipt of genetic services or participation by an individual or family member in clinical research that includes genetic services, unless the results of that genetic research are included in the individual's medical record or provided by the individual for consideration by the insurer; or (2) requiring or requesting an individual or a family member of the individual to take a genetic test. Additionally prohibits life and long-term care insurers from canceling or refusing to renew an existing policy based on (1) the fact that an individual or a family member of the individual requested or received genetic services; (2) the fact that an individual or a family member of the individual participated in genetic research, including clinical research that includes genetic services; or (3) purchasing genetic information about an individual without the individual's written consent. Insures may consider genetic information contained in an applicant's medical record if the information is relevant to a potential medical condition that impacts mortality or morbidity, and consideration of the genetic information is based on sound actuarial principles or reasonably expected experience. |
| Louisiana | State StatuteLouisiana: LRS 23:302, 23:352 and 23:368; LRS 51:2231 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination, Research | Statute | An employer, labor organization, or employment agency may not (1) discriminate against any employee based on genetic information, (2) require, collect, purchase, or disclose genetic information or information about a request or receipt of genetic services with respect to an employee, or (3) maintain genetic information or information about a request for or the receipt of genetic services in general personnel files. Exceptions regarding disclosure include disclosure to an occupational or other health researcher if the research complies with Part 46 of Title 45 of the Code of Federal Regulations. Additional prohibitions apply to labor organizations with respect to membership and to employers, labor organizations and employment agencies with respect to training. Employers, employment agencies and labor organizations also may not discriminate because an individual has sickle cell trait. |
| Maine | State StatuteMaine: 5 MRSA 7070Date not stated in source labelRecord details | Privacy | Statute | Personal information, including genetic information, pertaining to state employees is confidential and not open to public inspection. An employee may examine records containing personal information when permitted or required by law. |
| Maine | State StatuteMaine: MRS 22 1711CDate not stated in source labelRecord details | Privacy, Research | Statute | An individual's health care information, including information about individual cells or their components or genetic information, is confidential. Authorization is required to disclose this information other than to the individual by the health care practitioner or facility with some exceptions. The definition of health care information excludes information that protects the anonymity of the individual by means of encryption or encoding of individual identifiers or information pertaining to or derived from federally sponsored, authorized or regulated research governed by 21 Code of Federal Regulations, Parts 50 and 56 and 45 Code of Federal Regulations, Part 46, to the extent that such information is used in a manner that protects the identification of individuals. |
| Maine | State StatuteMaine: MRS 24A 2159-C and 24A 6981Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Research | Statute | A carrier that issues individual or group hospital, health or dental insurance and the Dirigo Health Self-administered Plan may not discriminate against an individual or eligible dependent on the basis of genetic information, the refusal to submit to a genetic test, refusal to make available the results of a genetic test, or based on the receipt of a genetic test or genetic counseling. A carrier may request, but not require, that an individual undergo a genetic test if the request is made pursuant to research that complies with the Common Rule and other specified criteria are met. Life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurers or an annuity may not (1) discriminate unfairly, which includes the use of genetic test results in a manner that is not reasonably related to anticipated claims experience, or (2) request, require, purchase or use information obtained from a direct-to-consumer genetic test without consent of the individual tested. |
| Maine | State StatuteMaine: MRS 24A 2204Date not stated in source labelRecord details | Privacy | Statute | The Insurance Information and privacy Protection Act defines health care information to include information about individual cells or their components or genetic information. |
| Maine | State StatuteMaine: MRS 24A 2850 and 24A 2850-CDate not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | An individual, group and blanket medical insurance contract subject to chapters 33 and 35 of Title 24A (with some exceptions) may not impose pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Group medical insurance contracts subject to chapter 35 of Title 24A (with some exceptions) may not establish rules for eligibility of an individual to enroll or require an individual to pay a premium or contribution that is greater than that for a similarly situated individual, based on genetic information. |
| Maine | State StatuteMaine: MRS 26 3205Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | Conforms the Maine Apprenticeship Program to the Federal Equal Employment Opportunity Act of 1972. Requires a posting of statement that the apprentice will be accorded equal opportunity in all phases of apprenticeship employment and training, without discrimination because of various factors, including genetic information. |
| Maine | State StatuteMaine: MRS 5 19301 and 19302Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | An employer may not fail or refuse to hire, discharge or otherwise discriminate against an employee or applicant for employment because of the individual's refusal to submit to a genetic test or refusal to provide the results of a genetic test, or based on the receipt of a genetic test or genetic counseling, except when based on a bona fide occupational qualification. The Maine Human Rights Commission has authority to enforce this provision. |
| Maryland | State StatuteMaryland: Md. Commercial Code 14-3501 et seq.Date not stated in source labelRecord details | Privacy | Statute | The law requires businesses to establish certain protections when using personal information. Personal information is defined to include an individual's genetic print. |
| Maryland | State StatuteMaryland: Md. Criminal Procedure 17-101 et seq.Date not stated in source labelRecord details | Other Topics | Statute | Establishes requirements for the use of genetic genealogical DNA analysis for criminal justice purposes. |
| Maryland | State StatuteMaryland: Md. Health 17�215Date not stated in source labelRecord details | Other Topics | Statute | A person who directly or indirectly advertises or solicits business for diagnostic laboratory tests or procedures is a covered entity under HIPAA and must make certain disclosures. The law does not apply to germline genetic or genomic testing for the analysis, diagnosis or prediction of human disease. |
| Maryland | State StatuteMaryland: Md. Health 19-214.1Date not stated in source labelRecord details | Other Topics | Statute | Prohibits a hospital from withholding financial assistance or from denying a patient's application for financial assistance based on genetic information. |
| Maryland | State StatuteMaryland: Md. Health Code 13-2001 et seq.Date not stated in source labelRecord details | Research | Statute | The law prohibits research using a human subject unless the person conducts the research in accordance with the federal regulations on the protection of human subjects. |
| Maryland | State StatuteMaryland: Md. Insurance Code 15-1A-06 ,15-1201, 15-1301 and 15-1401Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Prohibits health insurers, health maintenance organizations, nonprofit health insurance plan or any person or organization that provides health benefits plans from excluding or limiting certain benefits or denying certain coverage based on a health-status related factor, including genetic information. Health status-related factors also may not be used to (1) cancel or refuse to renew a small employer group plan or individual health plans; (2) establish rules for eligibility; or (3) charge higher premiums than similarly situated individuals in a group health plan. |
| Maryland | State StatuteMaryland: Md. Insurance Code 15-509Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Insurers, nonprofit health service plans and health maintenance organizations, may seek verification from health care providers that offer wellness programs about health factors that make it unreasonably difficult or medically inadvisable for an individual to satisfy or attempt to satisfy an otherwise applicable standard to qualify for a reward of the wellness program. Health factors are defined to include genetic information. |
| Maryland | State StatuteMaryland: Md. Insurance Code 18-120Date not stated in source labelRecord details | Other Lines of Insurance Nondiscrimination | Statute | Long-term care insurers may not request or require a genetic test to deny or limit the amount, extent, or kind of coverage available; charge a different rate for the same coverage; or use a genetic test, the results of a genetic test, genetic information or a request for genetic services to deny or limit the amount, extent, or kind of coverage available or charge a different rate for the same insurance except that the results of a genetic test may be used for these purposes based on sound actuarial principles. |
| Maryland | State StatuteMaryland: Md. Insurance Code 27-208Date not stated in source labelRecord details | Other Lines of Insurance Nondiscrimination | Statute | Unless there is actuarial justification, an insurer may not refuse to insure or make or allow a differential in ratings, premium payments, or dividends in connection with life insurance and annuity contracts because the applicant or policyholder has the sickle-cell trait, thalassemia-minor trait, hemoglobin C trait, Tay-Sachs trait, or a genetic trait that is harmless in itself. |
| Maryland | State StatuteMaryland: Md. Insurance Code 27-909, and Md. Health-General Code 1…Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy, Research | Statute | An insurer, nonprofit health service plan, or health maintenance organization, which does not include life insurance policies, annuity contracts, long-term care insurance policies, or disability insurance policies, may not (1) use a genetic test, the results of a genetic test, genetic information, or a request for genetic services to affect a health insurance policy or contract, (2) request or require a genetic test, the results of a genetic test, or genetic information for certain purposes, or (3) release identifiable genetic information or the results of a genetic test except for internal business and to a participating health care provider without prior written authorization. Disclosure of identifiable genetic information to an employee or authorized health care provider may only be for the purpose of providing medical care to patients or conducting research approved by an institutional review board established in accordance with federal law. The insurance commissioner has the authority to issue orders where a violation is found. |
| Maryland | State StatuteMaryland: Md. State Government Code 10-13A-01 et seq.Date not stated in source labelRecord details | Privacy | Statute | Requires the University of Maryland to develop and adopt an information security and risk management program for the protection of personally identifiable information. Personally identifiable information is defined to include biometric information such as an individual's DNA. Not effective until 10/1/2024. |
| Maryland | State StatuteMaryland: Md. State Government Code 20-601 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination, Privacy | Statute | An employer may not (1) discriminate against any individual because of genetic information or because of an individuals refusal to submit to a genetic test or provide the results of a genetic test, (2) limit, segregate, or classify its employees or applicants because of genetic information or the individual's refusal to submit to a genetic test or provide the results of a genetic test, or (3) request or require a genetic test as a condition of hiring or determining benefits. |
| Maryland | State StatuteMaryland: Public Utilities 17-401 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | Prohibits the Washington Suburban Sanitary Commission from discriminating against a person on the basis of genetic information. Requires that contracts entered into by the Commission include a provision stating that contractors will not to discriminate in any manner against an employee or an applicant for employment based on a variety of factors, including genetic information. |
| Massachusetts | State StatuteMassachusetts: Chapter 405 of the Acts of 20142014 legislative sessionRecord details | Research | Statute | Any public health surveillance activity which is also research is subject to the requirements for research using human subjects. |
| Massachusetts | State StatuteMassachusetts: MGL 151B 1 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | An employer may not discriminate against an individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification, because of genetic information. The statutes include nondiscrimination provisions that apply to other entities, including but not limited to labor organizations and employment agencies. The Massachusetts Commission against discrimination investigates complaints of unfair discrimination based on genetic information. |
| Massachusetts | State StatuteMassachusetts: MGL 175 108H, 176A 3B, 176B 5B, 176G 24, 176I 4ADate not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A health maintenance organization, company, insurance broker, medical service corporation, non-profit hospital service corporation or preferred provider organization may not cancel, refuse to issue or renew, or make any distinction or discrimination in the amount of payment of premium or rates charged, in the length of coverage or in any of the terms and conditions based on genetic information. These entities may not require genetic tests or private genetic information. |
| Massachusetts | State StatuteMassachusetts: MGL 175 108I and 120 EDate not stated in source labelRecord details | Other Lines of Insurance Nondiscrimination | Statute | An insurer, agent or broker authorized to issue life insurance policies, policies against disability from injury or disease or policies for long-term care may not practice unfair discrimination because of the results of a genetic test or the provision of genetic information or require an applicant to undergo a genetic test as a condition of issuance or renewal of a policy. Unfair discrimination involves discriminatory practices against persons unless such action is based on reliable information relating to the insureds mortality or morbidity and based on sound actuarial principles or actual or reasonably anticipated claim experience. These insurers may ask if an applicant has taken a genetic test. |
| Massachusetts | State StatuteMassachusetts: MGL 176M 1 and 176J 1Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Genetic information may not be treated as a pre-existing condition in the absence of a diagnosis under the definitions for chapter 176M on nongroup health plans and 176J on small group health insurance. |
| Massachusetts | State StatuteMassachusetts: MGL 32A 25, 175 47AA, 176A 8DD, 176B 4DD, 176G 4VDate not stated in source labelRecord details | Health Insurance Coverage | Statute | Individual accident and sickness policies, individual and group hospital service plans, the group insurance commissionplan for active and retired employees, and individual or group medical service agreement and health maintenance contract must provide benefits on a nondiscriminatory basis for diagnosis and treatment of autism. Diagnosis of autism spectrum disorders is defined to include genetic testing. |
| Massachusetts | State StatuteMassachusetts: MGL Public Health 111 70GDate not stated in source labelRecord details | Other Lines of Insurance Nondiscrimination, Privacy, Research | Statute | Genetic information contained in reports or records held by hospitals, laboratories, physicians, insurance institutions and others named in the statute may not be divulged without informed written consent with some exceptions, which include in connection with life, disability, and long term care insurance, as allowable, or as confidential research information for use in epidemiological or clinical research conducted for the purpose of generating scientific knowledge about genes or learning about the genetic basis of disease or for developing pharmaceutical and other treatments of disease. Additional provisions concerning the performance of genetic tests apply to laboratories and other facilities. Organizations conducting pharmoco-economic studies in systematic research to determine the cost benefits of specific treatment for genetic based disease are exempt from the need to re-obtain informed consent. A person whose rights have been violated may bring a civil action. |
| Michigan | State StatuteMichigan: MCL 333.5431Date not stated in source labelRecord details | Use of Residual Newborn Screening Specimens | Statute | The statute requires the health department to develop a schedule for the retention and disposal of blood specimens. The schedule must allow for the blood specimens to be used for medical research during the established retention period, as long as the medical research is conducted in a manner that preserves the confidentiality of the test subjects and is consistent to protect human subjects from research risks under subpart A of part 46 of subchapter A of title 45 of the code of federal regulations. |
| Michigan | State StatuteMichigan: MCL 500.2212cDate not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy | Statute | The law requires a workgroup to develop a standard prior written authorization methodology for prescribers. If the workgroup develops a paper form, it must allow an insurer to request and require additional information beyond the form. Additional information may include patient clinical information regarding genetic tests. |
| Michigan | State StatuteMichigan: MCL 333.16221, 333.17020, and 333.17520Date not stated in source labelRecord details | Privacy | Statute | A physician or individual to whom a physician has delegated authority must obtain informed written consent to order a pre-symptomatic or predictive genetic test. Required contents of the informed consent form are specified, and the department of community health with others must develop a model consent form, which, if used, bars the test subject from bringing any civil action for damages based on failure to obtain consent. The public health department may investigate activities thought to be in violation of the law and report its findings by to the appropriate disciplinary subcommittee. |
| Michigan | State StatuteMichigan: MCL 37.1201 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | An employer may discriminate against an individual because of genetic information that is unrelated to the individual's ability to perform the duties of a particular job or position. An employer also may not require an individual to submit to a genetic test or provide genetic information as a condition of employment or promotion. An employee may voluntarily submit genetic information that is relevant to health and safety in the workplace, and an employer may use genetic information submitted for that purpose. |
| Michigan | State StatuteMichigan: MCL 500.3407b and 550.1401Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | An expense-incurred hospital, medical, surgical policy or certificate or health care corporation may not require an insured or his or her dependent or an asymptomatic applicant or his or her asymptomatic dependent to undergo a genetic test or disclose whether a genetic test has been conducted, the results of a genetic test or genetic information. |
| Michigan | State StatuteMichigan: MCL 500.3829aDate not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy | Statute | Insurers that provide Medicare supplement policies or certificates only may not deny or condition the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information. Insurers of these policies or certificates may not (1) discriminate with respect to pricing on the basis of genetic information, (2) request or require an individual or family member to undergo a genetic test (with an exception regarding requesting a test), or (3) use the manifestation of disease in an individual as genetic information about another group members and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met. |
| Minnesota | State StatuteMinnesota: MS 13.386Date not stated in source labelRecord details | Privacy, Use of Residual Newborn Screening Specimens | Statute | Genetic information may be collected by a government entity or any other person only with written informed consent, used only for the purposes stated in the consent, be stored only for the duration consented, and disseminated only with an individuals consent. Consent to allow dissemination is only valid for one year or a lesser period if specified in the consent. Newborn screening activities are covered under the law. |
| Minnesota | State StatuteMinnesota: MS 144.125Date not stated in source labelRecord details | Use of Residual Newborn Screening Specimens | Statute | During the period in which residual newborn screening specimens is retained, the health department may use blood samples and test results for newborn screening program operations. Newborn screening operations are defined to specifically exclude research, public health studies, or the development of new newborn screening tests. |
| Minnesota | State StatuteMinnesota: MS 144.192Date not stated in source labelRecord details | Privacy, Research | Statute | The health commissioner may collect, use, store, and disseminate biological specimens and health data to conduct research in a manner that is consistent with the federal common rule for the protection of human subjects in Code of Federal Regulations, title 45, part 46. Biological specimens is defined as tissue, fluids, excretions, or secretions that contain human DNA originating from an identifiable individual, either living or deceased. |
| Minnesota | State StatuteMinnesota: MS 176.138Date not stated in source labelRecord details | Other Topics, Privacy | Statute | Medical data collected, stored, used, or disseminated by or filed with the commissioner in connection with a claim for workers' compensation benefits does not constitute genetic information for the purposes of �13.386 of the statutes pertaining to genetic privacy. |
| Minnesota | State StatuteMinnesota: MS 181.974Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | Employers or employment agencies may not administer a genetic test or request, require, or collect protected genetic information as a condition of employment or affect the terms or conditions of employment or terminate the employment of any person based on protected genetic information. A person may not provide or interpret genetic information on a current or prospective employee for an employer or employment agency. An aggrieved person may bring a civil action. |
| Minnesota | State StatuteMinnesota: MS 62A.31Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Research | Statute | An issuer of a Medicare supplement policies or certificates may not deny or condition the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information. These entities also may not discriminate with respect to pricing on the basis of genetic information; request or require an individual or family member to undergo a genetic test; or use the manifestation of disease in an individual as genetic information about another group member and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met. |
| Minnesota | State StatuteMinnesota: MS 62V.06Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy | Statute | The law requires the Minnesota Insurance Marketplace to provide any data subject asked to supply private data with a notice of rights related to the handling of genetic information. The Minnesota Insurance Marketplace is a state health benefit exchange as described in section 1311 of the federal Patient Protection and Affordable Care Act (Public Law 111-148), and further defined through amendments to the act and regulations issued under the act. |
| Minnesota | State StatuteMinnesota: MS 72A.139Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | A health plan company in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision may not (1) require or request an individual or his or her blood relative to take a genetic test, (2) make any inquiry about a genetic test or what the results of any such test were, or (3) take into consideration the fact that a genetic test was taken or refused or the results of such a test. A life insurance company or fraternal benefit society requiring a genetic test for the purpose of determining insurability for life insurance must obtain informed written consent. A violation is subject to the investigative and enforcement authority of the insurance commissioner. |
| Missouri | State StatuteMissouri: MRS 191.331Date not stated in source labelRecord details | Use of Residual Newborn Screening Specimens | Statute | A residual newborn screening specimen is retained for five years after initial submission to the department. After five years specimens are destroyed. Unless otherwise directed, a biological specimen may be released for anonymous scientific study. At the time of collection, the parent or legal guardian of the child from whom a biological specimen was obtained may direct the department to: (1) Return a biological specimen that remains after all screening tests have been performed; (2) Destroy a biological specimen in a scientifically acceptable manner after all screening tests required have been performed; or (3) Store a biological specimen but not release the biological specimen for anonymous scientific study. A biological specimen released for anonymous study may not contain information that may be used to determine the identity of the donor. The department has authority over the use, retention, and disposal of biological specimens and related information collected in connection with newborn screening tests. The use of such specimens and related information is for public health purposes and must comply with all applicable provisions of federal law. The department may charge a reasonable fee for the use of such specimens for public health research and preparing and supplying specimens for research proposals approved by the department. |
| Missouri | State StatuteMissouri: MRS 375.1300 and 375.1303Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | An insurer in making any underwriting decision may not (1) require or request a person or his/her blood relative to provide genetic information or take a genetic test, (2) inquire about a genetic test or what the results of any such test were unless given approval by that person, or (3) consider without the approval of such person the fact that genetic information or a genetic test was taken or refused by a person or blood relative of the person or the results of a test. A violation is an unfair trade practice. The law does not apply to any policy, contract or certificate of life insurance, reinsurance, disability income or long-term care coverage. |
| Missouri | State StatuteMissouri: MRS 375.1300 and 375.1306.1Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | An employer may not use genetic information or genetic test results of an employee or prospective employee to distinguish between, discriminate against, or restrict any right or benefit otherwise due or available to such employee or prospective employee. Exceptions are provided for the underwriting of group life, disability income and long-term care insurance, actions required by law or regulation, action taken with written permission of an employee or prospective employee, and the use of genetic information when it is directly related to job performance and assigned responsibilities. |
| Missouri | State StatuteMissouri: MRS 375.1300 and 375.1309Date not stated in source labelRecord details | Privacy, Research | Statute | This section of the law is applicable to all insurance companies. A person who creates, stores, receives or furnishes genetic information must hold such information as confidential medical records and must obtain written authorization to disclose genetic information. Exceptions include statistical data compiled without reference to the identity of an individual, health research conducted in accordance with the provisions of the federal Common Rule, and health research using medical archives or databases in which the identity of individuals is protected from disclosure by coding or encryption, or by removing all identities. The director of insurance has the authority to enforce these provisions. |
| Missouri | State StatuteMissouri: MRS 376.450, 376.451, 379.930, and 379.940Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A health insurance issuer offering group health_insurance_coverage may not establish rules for eligibility or continued eligibility of any individual to enroll under the terms of the group health plan based on health status-related factors, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. A small employer carrier may apply reasonable criteria in determining whether to accept a small employer into a class of business, provided that the criteria are not based on a health status-related factor, including genetic information. |
| Montana | State StatuteMontana: MCA 33-18-206Date not stated in source labelRecord details | Other Lines of Insurance Nondiscrimination | Statute | Unfair discrimination between individuals of the same class and equal expectation of life in any contract of life insurance or of life annuity is prohibited. Unfair discrimination between individuals of the same class and of essentially the same hazard for disability insurance is prohibited. An insurer may not refuse to consider an application for life or disability insurance on the basis of a genetic condition. The rejection of an application or the determining of rates, terms, or conditions of a life or disability insurance contract is permissible if the applicant's medical condition and history as well as either claims experience or actuarial projections establish that substantial differences in claims are likely to result from the genetic condition. |
| Montana | State StatuteMontana: MCA 33-18-901 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Research | Statute | An insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance may not discriminate based on a persons genetic traits. These entities also may not underwrite or condition coverage on a requirement or agreement to take a genetic test or on genetic information of an individual or his or her family member, and they may not seek genetic information for a purpose that is unrelated to assessing or managing ones health, inappropriate in an asymptomatic individual, or unrelated to research in which a subject is not personally identifiable. These entities may not require an individual to obtain a genetic test also with some exceptions. The law does not apply to life, disability income or long-term care insurance. |
| Montana | State StatuteMontana: MCA 33-22-514 and 33-22-526Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A group health plan or a health insurance issuer offering group health_insurance_coverage may not impose a pre-existing condition exclusion based on genetic information. A group health plan or a health insurance issuer offering group health_insurance_coverage may not establish rules for eligibility or continued eligibility of any individual to enroll under the terms of the group health plan based on health status-related factors, including genetic information. |
| Nebraska | State StatuteNebraska: NRS 44-5242.02 and 5246.02Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Under the Small Employer Health Insurance Availability Act, health status-related factor is defined to include genetic information and pre-existing condition is defined to exclude genetic information in the absence of a diagnosis. |
| Nebraska | State StatuteNebraska: NRS 44-6910 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A health benefit plan may not treat genetic information as a pre-existing condition in the absence of a diagnosis. A health carrier may not establish rules for eligibility and continued eligibility of any individual to enroll under the terms of the health benefit plan based on a health status-related factor, including genetic information. |
| Nebraska | State StatuteNebraska: NRS 44-7,100Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Any hospital, medical, or surgical expense-incurred policy or certificate and self-funded employee benefit plan to the extent not preempted by federal law may not require a covered person or his or her dependent or an asymptomatic applicant for coverage or his or her asymptomatic dependent to undergo any genetic test before issuing, renewing, or continuing the policy or certificate. This does prohibit requiring an applicant for coverage to answer questions concerning family history. |
| Nebraska | State StatuteNebraska: NRS 44-787Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A health carrier that decides to discontinue offering a particular type of individual policy or contract in the state and offer another option of coverage must act uniformly without regard to health status-related factors related to any covered individual, including genetic information. A health carrier offering a network health plan must terminate coverage uniformly, as permitted, without regard to health status-related factors, including genetic information. |
| Nebraska | State StatuteNebraska: NRS 48-236Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | An employer may not discriminate against an employee or applicant because of genetic information that is unrelated to the ability to perform the duties of a particular job or position. An employer also may not require an employee or applicant to submit to a genetic test or to provide genetic information as a condition of employment or promotion. An employee may voluntarily submit genetic information that is related to heath and safety in the workplace. |
| Nebraska | State StatuteNebraska: NRS 71-519Date not stated in source labelRecord details | Use of Residual Newborn Screening Specimens | Statute | The health department must adopt and promulgate rules and regulations relating to the use_of_residual_newborn_screening_specimens and related information. Use may only be made for public health purposes and must comply with all applicable provisions of federal law. The department may charge a reasonable fee for evaluating proposals relating to the use of such specimens for public health research and for preparing and supplying specimens for research proposals approved by the department. The health department also must develop a pamphlet which explains that residual newborn blood specimens may be used for approved public health research. |
| Nebraska | State StatuteNebraska: NRS 71-551Date not stated in source labelRecord details | Privacy | Statute | A physician or an individual to whom the physician has delegated authority to perform a selected act, task, or function may not order a predictive genetic test without prior written informed consent and in the manner specified with some exceptions such as newborn screening. The health department must develop a model informed consent form that, if used, bars the person tested from bringing any civil action on the basis that consent was not obtained. |
| Nebraska | State StatuteNebraska: NRS 77-5518, 5519, 5534 and 5537Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | In order for a company to be eligible for the wage benefit credit or the investment tax credit under the Invest Nebraska Act, the company must file an application for an agreement with the board, which must contain a copy of the written policy of the company prohibiting the company, as required by law, from requiring as a condition of employment or promotion at the project that an employee or an individual applying for employment at the project submit to a genetic test or provide genetic information outside of the scope of normal blood testing. |
| Nevada | State StatuteNevada: NRS 457Date not stated in source labelRecord details | Health Insurance Coverage | Statute | Requires a primary care provider to administer a genetic test for harmful mutations in the BRCA gene if clinically indicated as a result of genetic counseling. The State Plan for Medicaid must pay the nonfederal share of expenditures incurred for screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing is required. Insurers must cover the cost of screening, genetic counseling and testing for harmful mutations in the BRCA gene for women under circumstances where such screening, genetic counseling or testing is required. |
| Nevada | State StatuteNevada: NRS 610.020Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | genetic_discrimination with regard to apprenticeship agreements is prohibited. Requires the Office of Workforce Innovation to suspend for one year the right of any employer, association of employers or organization of employees acting as agent for an employer to participate in a program under the provisions of apprenticeship program after notice and hearing, finds that the employer, association or organization has discriminated against an individual based on genetic information. |
| Nevada | State StatuteNevada: NRS 613.345Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | It is an unlawful employment practice for an employer, a labor organization or an employment agency to (1) ask or encourage a prospective or current employee or member of the labor organization to submit to a genetic test, (2) require or administer a genetic test to a person as a condition of employment or membership, or (3) deny, alter the terms, conditions or privileges of, or terminate employment or membership based on genetic information. |
| Nevada | State StatuteNevada: NRS 629.101 et seq.Date not stated in source labelRecord details | Privacy, Research | Statute | It is unlawful to obtain any genetic information of a person without informed consent with some exceptions, including for use in a study where the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study. It is unlawful to retain genetic information that identifies a person without first obtaining the informed consent with some exceptions. Except as otherwise provided, a person who obtains the genetic information for use in a study must destroy that information upon completion of the study or withdrawal of the person from the study. Criminal penalties and a right to civil action are established for violations. |
| Nevada | State StatuteNevada: NRS 689A.417, 689A.545, 689A.585, 689B.420, 689B.450, 689B…Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A health maintenance organization, a carrier serving small employers, a corporation that provides health insurance, individual health insurers and group health insurers may not (1) require an insured person or family member to take a genetic test or disclose whether one has been taken or (2) determine the rates or any other aspect of the coverage or benefits based on genetic information or whether the insured person or member of his family has taken a genetic test. These entities may not establish rules of eligibility based on a health status-related factor, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. The provisions to not apply to any of the above entities in terms of the issuance of a policy of health insurance that provides coverage for long-term care or disability income. Insurers or organizations that provide health coverage pursuant to sections 689A, 689B, 689C, 695A, 695B, 695C, 695D, and 695F must comply with the federal law, the Genetic Information Nondiscrimination Act. |
| New Hampshire | State StatuteNew Hampshire: NHS 132:10-aDate not stated in source labelRecord details | Use of Residual Newborn Screening Specimens | Statute | Samples may not be used for other research or DNA testing purposes unless authorized by the parent or guardian. |
| New Hampshire | State StatuteNew Hampshire: NHS 132:10-a V.Date not stated in source labelRecord details | Privacy | Statute | No whole-genome DNA sequencing may be performed for the purpose of newborn screening unless the general court authorizes such sequencing by statute. |
| New Hampshire | State StatuteNew Hampshire: NHS 141-H:1, 141-H:2, and 141:H-6Date not stated in source labelRecord details | Privacy | Statute | No individual or his/her family member may be required to undergo genetic testing as a condition of doing business with another person. Genetic testing may not be performed on any individual or anywhere on any resident of the state based on bodily materials obtained within the state without prior written and informed consent with some exceptions. Additional provisions address disclosure of results. The statutes establish a right to civil action by aggrieved individuals. |
| New Hampshire | State StatuteNew Hampshire: NHS 141-H:1, 141-H:3, and 141:H-6Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | No employer, labor organization, employment agency, or licensing agency may (1) solicit, require or administer genetic testing, or (2) affect the terms, conditions, or privileges of, or terminate employment, membership, or licensure based on genetic testing. A person may not sell or provide to these entities any genetic testing relating to an existing or prospective employee, member or licensee unless for the purpose of workers compensation or biomonitoring of workplace toxins and with informed consent. The statutes establish a right to civil action by aggrieved individuals. |
| New Hampshire | State StatuteNew Hampshire: NHS 141-H:1, 141-H:4, and 141:H-6Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A health insurer in connection with providing health insurance may not (1) require or request an individual or family member to undergo genetic testing, whether a test was taken or the results of the testing, (2) condition the provision of health_insurance_coverage or health care benefits on whether an individual or family member has undergone genetic testing or the results of the testing, or (3) consider in the determination of rates or any other aspect of health_insurance_coverage or benefits whether an individual or family member has undergone genetic testing or the results of the testing. The statutes establish a right to civil action by aggrieved individuals. |
| New Hampshire | State StatuteNew Hampshire: NHS 141-H:1,141-H:5, and 141:H-6Date not stated in source labelRecord details | Other Lines of Insurance Nondiscrimination | Statute | A person in the business of providing life, disability income, or long-term care insurance who obtains information about genetic testing of an individual or a family member may not use that information in writing a type of insurance coverage other than life, disability income, or long-term care insurance. An aggrieved individual may bring a civil action. |
| New Hampshire | State StatuteNew Hampshire: NHS 420-G:6 and 420-G:7Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Health carriers may not establish rules of eligibility or continued eligibility for health coverage based on health status related factors of any employee or dependent, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. |
| New Jersey | State StatuteNew Jersey: NJS 17B:30-12Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | No person may discriminate against an individual based on genetic information or the refusal of a genetic test with respect to hospital confinement or other supplemental limited benefit insurance. No person may make or permit any unfair discrimination against an individual in the application of the results of a genetic test or genetic information with respect to life insurance, including credit life insurance, an annuity, disability income insurance contract or credit accident insurance coverage, and, if results of a genetic test as permitted by these entities, the insurer must notify the individual who is the subject of the test that it is required and obtain the individual's prior written informed consent. The insurance commissioner has the authority to enforce these provisions. |
| New Jersey | State StatuteNew Jersey: NJS 10:5-43 et seq.Date not stated in source labelRecord details | Privacy, Research | Statute | A person may not (1) obtain genetic information from an individual or from an individual's DNA sample or (2) retain an individuals genetic information without prior informed consent with some exceptions, including for anonymous research where the identity of the subject will not be released. A DNA sample from an individual who is the subject of a research project must be destroyed promptly upon completion of the project or withdrawal of the individual from the project unless consent to retain the sample is provided. Additional provisions address retention and disclosure. The statutes set forth civil and criminal penalties for violations. |
| New Jersey | State StatuteNew Jersey: NJS 10:5-5 and 10:5-12(a)Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | It is an unlawful employment practice to refuse to hire or employ or to bar or to discharge or require to retire from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment based on genetic information or because of the refusal to submit to a genetic test. |
| New Jersey | State StatuteNew Jersey: NJS 17:48-6.18, 17:48A-6.11, 17:48E-15.2, 17B-26-3.2, …Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Individual or group hospital service corporations and individual or group medical or health service corporations providing hospital or medical expense benefits, individual health insurance policies, group health insurance policies, and contracts for health care services may not exclude any person or eligible dependent or establish any rates or terms on the basis of any genetic characteristic. |
| New Jersey | State StatuteNew Jersey: NJS 17B-27-54, 17B-27-57 17B-27-64, 17B:27A-2 and 17B:…Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A group health plan may not establish rules for eligibility or continued eligibility based on health status-related factors, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. Health status-related factor also is defined to include genetic information applicable to sections 1 to 15 of chapter 17B:27A, and the definition of pre-existing condition excludes genetic information in the absence of a diagnosis under provisions applicable to small employer health benefit plans. |
| New Mexico | State StatuteNew Mexico: NMSA 24-21-1 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Privacy, Research | Statute | The statutes contain provisions on the acquisition, collection, retention, transmission or use of genetic information. Consent requirements provide an exemption (1) if DNA, genetic information or results of genetic analysis are not identified with the person or person's family members or (2) for the purpose of medical or scientific research and education (including retention of gene products, genetic information or genetic analysis if the identity of the person or person's family members is not disclosed.) Discrimination by an insurer against a person or his/her family member based on genetic analysis, genetic information or genetic propensity is prohibited. Life, disability income or long-term care insurance are exempt if use is based on sound actuarial principles or related to actual or reasonably anticipated experience. Upon request a persons genetic information or samples must be promptly destroyed with some exceptions, including if retention is authorized under a research protocol approved by an institution review board pursuant to federal law. It is unlawful for a person to use genetic information in employment or recruiting. A person whose rights under the provisions of the Genetic Information privacy Act have been violated may bring a civil action for damages or other relief. |
| New Mexico | State StatuteNew Mexico: NMSA 52-3-32.1Date not stated in source labelRecord details | Other Topics | Statute | If a firefighter is diagnosed with breast cancer after five years of employment, and if it is diagnosed before the age of forty without a breast cancer 1 or breast cancer 2 genetic predisposition to breast cancer, the disease is presumed to be proximately caused by employment as a firefighter. |
| New Mexico | State StatuteNew Mexico: NMSA 59A-23C-5.1, 59A-23C-7.1, 59A-23E-2, 59A-23E-11, …Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A health benefit plan that is offered by a carrier or an approved health plan offered to a small employer and plans subject to the Health Insurance Portability Act may not impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. A group health plan and a health insurance issuer offering group health_insurance_coverage may not establish rules for eligibility or continued eligibility based a health status-related factor, including genetic information. A group health benefits plan or a health insurance issuer that offers group health_insurance_coverage in connection with a group health benefits plan from adjusting premiums or contribution amounts for the group covered under the plan on the basis of genetic information. Under the Small Group Rate and Renewability Act, provisions allowing a carrier to use health status in establishing the amount an employer may be charged for coverage under a group health plan exclude genetic information from the definition of health status. |
| New York | State StatuteNew York: NY Public Health Code 2440 et seq.Date not stated in source labelRecord details | Research | Statute | The law safeguards the rights and welfare of individual human subjects in the conduct of human research projects and provides protections against the possible conduct of medical or psychological research without voluntary informed consent. |
| New York | State StatuteNew York: NYCL (CVR) 48 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | Unless it can be clearly shown that a person's unique genetic disorder, defined to include the sickle cell trait, carriers of Tay-Sachs, and carriers of Cooleys anemia only, would prevent a person from performing the particular job, no person who is otherwise qualified may be denied equal opportunities to obtain or maintain employment or to advance in position in his job solely because a person has a unique genetic disorder. |
| New York | State StatuteNew York: NYCL (CVR) 79-lDate not stated in source labelRecord details | Privacy, Research | Statute | Prior informed consent is required to perform a genetic test. Further disclosures require additional consent. For medical research purposes and with approval from an institutional review board and consent, a biological sample may be retained for longer than 60 days and be used for scientific research. Samples may be used for research conducted in accordance with applicable law and regulation and pursuant to a research protocol approved by an institutional review board, if individuals who provided the samples have given prior informed consent for the use of the sample for general research purposes without restrictions, and the samples have been permanently stripped of identifying information or coded to protect the individuals identity. Upon request samples that have not already been used for research must be destroyed. Family members of a research participant may not be contacted without the consent of the individual. Additional provisions address confidentiality, the incorporation of information into medical records, disclosure and penalties for violations. |
| New York | State StatuteNew York: NYCL (CVS) 115Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | Declares that it is the policy of the state and all its political subdivisions to ensure a fair, non-biased compensation structure for all employees. Status within one or more protected class or classes may not be considered directly or indirectly in determining proper compensation or pay for any individual or group of employees, and no employee with status within one or more protected class to classes may be paid a wage at a rate less than the rate at which an employee without status within the protected class or classes in same establishment is paid for similar work. |
| New York | State StatuteNew York: NYCL (EDN) 2e and (STT) 106-bDate not stated in source labelRecord details | Privacy | Statute | Directs the director of the office of information technology services to conduct a study on the use of biometric identifying technology. Prohibits the use of biometric identifying technology in schools until July 1, 2022 or until the commissioner of education authorizes such purchase or utilization, whichever occurs later. Biometric identifier is defined to include a DNA sequence. |
| New York | State StatuteNew York: NYCL (EDN) 363Date not stated in source labelRecord details | Other Topics | Statute | Requires the state university of New York to issue a request for proposals to partner with hospitals both within the state university of New York and other not-for-profit hospitals and non-profit higher education research institutions to map the genomes of individuals suffering from or at risk of Alzheimer's. |
| New York | State StatuteNew York: NYCL (EXC) law 292 and 296Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | An employer or labor organization may not discriminate against employees, applicants or members based on a predisposing genetic characteristic. An employer or employment agency may not print or circulate materials or use a form of application that discriminate based on a predisposing genetic characteristic. Additional provisions apply to employers, labor organizations, employment agencies, and licensing agencies. A genetic test may be required as a condition of employment if directly related to possible increased risk of disease in the work environment or, with informed consent, for workers compensation and to determine susceptibility to toxins found in the workplace environment. |
| New York | State StatuteNew York: NYCL (ISC) 2615Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | No insurer may request or require an individual proposed for insurance coverage to submit to a genetic test without prior written informed consent. Further disclosures require additional consent. If an adverse underwriting decision is based on the results of a genetic test, the insurer must notify the individual. No insurer who lawfully possesses information derived from a genetic test on a biological sample may incorporate the information into the record of a non-consenting individual. Penalties for violations are set forth. |
| New York | State StatuteNew York: NYCL (ISC) 3221, 3232, 4305, and 4318Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Insurers or corporations delivering group or blanket health policies that provide hospital, surgical or medical expense coverage may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information. Individual and group or blanket health insurance policies or contracts may not impose pre-existing condition exclusions based on genetic information in the absence of a diagnosis. |
| North Carolina | State StatuteNorth Carolina: NCGA 126-34.01 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | The law sets forth procedures for State employment appeals of grievances and disciplinary actions related to discrimination claims, including discrimination based on genetic information. |
| North Carolina | State StatuteNorth Carolina: NCGA 58-3-215, 58-51-45, 58-51-95, 58-65-70, 58-68…Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A health benefit plan, health maintenance organization or multiple employer welfare arrangement may not raise the premium or contribution rates paid for a group health benefit plan, refuse to issue or deliver a health benefit plan, or charge a higher premium rate or charge because of genetic information. Health benefit plans must comply with all applicable standards of the federal Genetic Information Nondiscrimination Act. Insurers providing accident and sickness policies or hospital, medical, or dental health service may not refuse to issue or deliver any policy that affords benefits or coverage for any medical treatment or service authorized or permitted by specified entities or carry a higher premium rate or charge by reason of the fact that the person to be insured possesses sickle cell trait or hemoglobin C trait. A group health insurer may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information, or treat genetic information as a pre-existing condition in the absence of a diagnosis. An individual health insurer may not increase an individual's renewal premium for continued health_insurance_coverage based on a health statusrelated factors, including genetic information. A sponsoring association of an employee welfare benefit program may not condition eligibility for coverage, including continuing eligibility for coverage, on health status related factors such as genetic information. |
| North Carolina | State StatuteNorth Carolina: NCGA 58-58-25Date not stated in source labelRecord details | Other Lines of Insurance Nondiscrimination | Statute | No insurance company may refuse to issue or deliver any policy of life insurance solely by reason of the fact that the person to be insured possesses sickle cell trait or hemoglobin C trait. A policy also may not carry a higher premium rate or charge by reason of the fact that the person to be insured possesses these traits. |
| North Carolina | State StatuteNorth Carolina: NCGA 95-28.1 and 95-28.1ADate not stated in source labelRecord details | Employment Nondiscrimination | Statute | A person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity may not deny or refuse employment to or discharge any person or because of the person's having requested genetic testing or counseling services, on the basis of genetic information obtained concerning the person or a member of the person's family, or because the person possesses sickle cell trait or hemoglobin C trait. |
| North Dakota | State StatuteNorth Dakota: NDCC 25-17-07Date not stated in source labelRecord details | Use of Residual Newborn Screening Specimens | Statute | A person that conducts research on blood spots, other specimens, or registry data maintained by the health department must follow IRB processes for human subjects research, including obtaining parent or guardian authorization. |
| North Dakota | State StatuteNorth Dakota: NDCC 26.1-36.3-01, 26.1-36.3-06 and 26.1-36.4-03.1Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Health benefit plans covering small employers and group policies of hospital and medical insurance may not treat genetic information as a pre-existing condition in the absence of a diagnosis. A health status-related factor is defined to include genetic information in the chapter of the law pertaining to small employer employee health insurance. |
| Ohio | State StatuteOhio: ORC 1751.65Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A health insuring corporation may not (1) cancel or fail to renew the coverage because of any health status-related factor, including genetic information, (2) require an individual seeking coverage to submit to genetic screening or testing or taken into account or inquire about such testing, (3) make a decision adverse to the applicant based on entries in medical records or other reports of genetic screening or testing, or (4) cancel or refuse to issue or renew coverage for health care services based on the results of genetic screening or testing, or (6) limit benefits of an individual or group policy, contract, or agreement based on the results of genetic screening or testing. A violation of these provisions is an unfair and deceptive act or practice in the business of insurance. Further provisions apply upon the repeal of the current protections, which are in effect until February 9, 2014. |
| Ohio | State StatuteOhio: ORC 3901.21, 3901.41 and 3901.501Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | It is an unfair and deceptive act or practice in the business of insurance to engage in any underwriting standard or other practice that due solely to any health status-related factor, including genetic information, terminates or fails to renew an existing individual policy, contract, plan of health benefits, or a health benefit plan issued to an employer, for which an individual would otherwise be eligible, or, with respect to a health benefit plan issued to an employer, excludes or causes the exclusion of an individual from coverage under an existing employer-provided policy, contract, or plan of health benefits. Insurers issuing accident and sickness insurance, self-insurers or public employee health benefit plans may not consider information obtained from genetic screening or testing in processing an application or in determining insurability or inquire into the results of genetic screening or testing or use such information to cancel, refuse to issue or renew, or limit benefits. The superintendent of insurance has the authority to investigate violations of this provision. |
| Oklahoma | State StatuteOklahoma: OS 21-1175Date not stated in source labelRecord details | Use of Residual Newborn Screening Specimens | Statute | Parental consent is required to store, transfer, use or database DNA from any newborn child. |
| Oklahoma | State StatuteOklahoma: OS 25-2001Date not stated in source labelRecord details | Privacy, Use of Residual Newborn Screening Specimens | Statute | Creates the Parents' Bill of Rights, including the right to consent in writing before any record of a minor childs blood or DNA is created, stored or shared, except as required by Sections 1-516 (pertaining to syphilis) and 1-524.1 (pertaining to testing arrested persons for sexually transmitted infections and HIV) of Title 63 of the Oklahoma Statutes, or unless authorized pursuant to a court order. |
| Oklahoma | State StatuteOklahoma: OS 36-3614.1Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Research | Statute | Any individual, corporation, association, partnership, insurance support organization, fraternal benefit society, insurance producer, third-party administrator, self-insurer, or any other legal entity engaged in the business of insurance that issues accident and sickness insurance policies or administers a health insurance plan may not deny or condition the issuance or effectiveness of a policy on a pre-existing condition or genetic information. These entities also may not discriminate with respect to pricing a policy or certificate, including premiums, based on genetic information. A violation is an unfair and deceptive act or practice. An insurer also may not request or require a genetic test with an exception for research. An insurer may request a genetic test if the request is pursuant to research that complies with the Common Rule and other specified criteria are met. |
| Oklahoma | State StatuteOklahoma: OS 36-3614.2Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | For purposes of distinguishing between or discriminating against or restricting any right or benefit otherwise due or available to an employee or prospective employee other than in connection with the determination of insurance coverage or benefits an employer may not (1) seek to obtain or use a genetic test or genetic information of the employee or the prospective employee, or (2) require a genetic test of or require genetic information from the employee or prospective employee. |
| Oklahoma | State StatuteOklahoma: OS 36-3614.3Date not stated in source labelRecord details | Privacy | Statute | A person who maintains genetic information may not be compelled to disclose the information except under specified circumstances. |
| Oklahoma | State StatuteOklahoma: OS 36-3614.4Date not stated in source labelRecord details | Research | Statute | The statutes related to research apply to genetic research studies approved by an institutional review board as defined in 21 CFR, � 50 or conducted subject to the requirements of the federal common rule at 21 CFR, � 50 and � 56, and 45 CFR, � 46. research records are confidential and may not be disclosed to employers or health insurers without informed consent. The provision does not apply to an insurer or to an individual dealing with an insurer in the course of underwriting, conducting or administering life, disability income or long-term care insurance. Stored tissues, including blood, that arise from surgery, other diagnostic or therapeutic steps, or autopsy may be disclosed for genetic or other research studies with informed consent. Results of genetic research studies may be published if no individual subject is identified. |
| Oklahoma | State StatuteOklahoma: OS 36-4502Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Group accident and sickness policies may not treat genetic information as a pre-existing condition or base eligibility or continued eligibility of any individual on health-status-related factors, including genetic information. |
| Rhode Island | State StatuteRhode Island: RIGL 27-18-41Date not stated in source labelRecord details | Health Insurance Coverage | Statute | Every individual or group hospital or medical insurance policy or individual or group hospital or medical services plan contract delivered, issued for delivery, or renewed in this state shall pay for two (2) screening mammograms per year when recommended by a physician for women who have been treated for breast cancer within the last five (5) years or are at high risk of developing breast cancer due to genetic predisposition (BRCA gene mutation or multiple first degree relatives) or high risk lesion on prior biopsy (lobular carcinoma in situ) or atypical ductal hyperplasia. |
| Rhode Island | State StatuteRhode Island: RIGL 27-18-52, 27-18-52.1, 27-19-44, 27-19-44.1, 27-…Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy, Research | Statute | Insurance administrators, health plans and providers of accident and sickness insurance, nonprofit hospital corporations, nonprofit medical service corporations, and HMOs are prohibited from releasing genetic information without prior written authorization. Individuals participating in research settings governed by the Federal Policy for the Protection of Human research Subjects are exempt. Tests conducted purely for research are excluded from the requirements set forth, as are tests for somatic (as opposed to heritable) mutations, and testing for forensic purposes. An individual or group health insurance contract, plan or policy (excluding disability income, long term care and insurance supplemental policies) may not use a genetic test or genetic information or request for genetic tests or genetic information or the results of a genetic test for specified purposes, including for underwriting. Provisions pertaining to the release the results of a genetic test or genetic information do not apply to releases in a format whereby individual identifiers are removed, encrypted, or encoded so that the identity of the individual is not disclosed. Authorization is required for each re-disclosure except for participating in research settings governed by the Federal Policy for the Protection of Human research Subjects. |
| Rhode Island | State StatuteRhode Island: RIGL 27-18.5-2, 27-18.6-2, 27-18.6-3, and 27-50-3Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | In the statute sections pertaining to large group, individual health insurance and small employer health insurance a health status-related factor is defined to include genetic information, and pre-existing condition exclusions may not be based on genetic information the absence of a diagnosis. |
| Rhode Island | State StatuteRhode Island: RIGL 28-6.7-1 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | An employer, employment agency, or licensing agency may not (1) request, require or administer a genetic test, (2) affect the terms, conditions, or privileges of or terminate employment or licensure of any person who obtains a genetic test, (3) take any other action affecting the terms, conditions or privileges of employment against an employee or a license holder based on the results of a genetic test or the refusal to take a genetic test, submit family history, or reveal whether the employee, applicant or holder has taken a genetic test, (4) otherwise use genetic information to adversely affect the employment, licensure, or application for employment or licensure of any individual, or (5) reveal genetic information about employees, licensees, or applicants. Penalties for violations are set forth. |
| South Carolina | State StatuteSouth Carolina: SCCL 38-41-45, 38-71-670, 38-71-840, 38-71-860 and…Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Group health insurers may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information or impose a pre-existing condition exclusion based on genetic information. The sections of the statutes pertaining to Individual health insurance and multiple employer self-insured health plans define health status-related factor to include genetic information. Genetic information may not be treated as a pre-existing condition in the absence of a diagnosis within the South Carolina health insurance pool. |
| South Carolina | State StatuteSouth Carolina: SCCL 38-93 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy | Statute | Health insurers offering individual health plans may not cancel, deny, adjust premiums or rates or impose pre-existing conditions exclusions based on the genetic information of an individual or family member or based on a request for genetic services. Health insurers offering group health plans may not adjust premiums or contributions based on genetic information. Health insurers may not request or require genetic information or require an individual to undergo a genetic test. The law also prohibits disclosure of genetic information without informed written consent, with some exceptions such as for law enforcement purposes or as allowable under state and federal statutes. It is required to obtain informed consent prior to performing a genetic test, with some exceptions such as for diagnosis or treatment of an individual if performed by a clinical laboratory that has received a specimen referral from the individual's treating physician or another clinical laboratory. Penalties for violations of the law are established and are intended to be in addition to those set forth under the Genetic Information Nondiscrimination Act of 2008, Public Law 110-233. |
| South Carolina | State StatuteSouth Carolina: SCCL 38-93-10 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy | Statute | An accident and health insurer providing hospital, medical and surgical, or major medical coverage on an expense incurred basis, providing a corporate health services plan, or providing a health care plan for health care services by a health maintenance organization may not (1) terminate, restrict, limit, or otherwise apply conditions to coverage or restrict the sale to an individual, (2) cancel or refuse to renew the coverage of an individual, (3) exclude an individual from coverage, (4) impose a waiting period, (5) impose a pre-existing condition exclusion; (6) require inclusion of a rider that excludes coverage for certain benefits and services, or (7) adjust premium contribution amounts or establish differential in premium rates for coverage based on genetic information or a request for genetic services. Additional provisions address consent to disclose genetic information and consent to perform genetic testing. An aggrieved individual may bring civil action. he penalties and enforcement provisions of subsections (A) and (B) are in addition to penalties and enforcement provisions of federal law, including those set forth in the Genetic Information Nondiscrimination Act of 2008. |
| South Carolina | State StatuteSouth Carolina: SCCL 44-37-30Date not stated in source labelRecord details | Use of Residual Newborn Screening Specimens | Statute | Residual newborn screening blood samples may be released for purposes of confidential, anonymous scientific study unless the newborn screening program is otherwise directed. The release of a blood sample must conform with departmental regulations. At the time of testing or at any time after that, the parent or legal guardian of the child from whom a blood sample was obtained, or the child when eighteen years of age or older, may direct the department to: (1) return a blood sample in its entirety and any test results not less than two years after the date of testing; (2) destroy a blood sample in not less than two years after the date of the testing; or (3) store a blood sample but not release the blood sample for confidential, anonymous scientific study. A blood sample released for confidential, anonymous study must not contain identifiable information. If scientific study identifies genetic information that may benefit the child, the department may notify confidentially the parent or legal guardian, or the child if eighteen years of age or older, of this information. |
| South Dakota | State StatuteSouth Dakota: SDCL 34-14-21 et seq.Date not stated in source labelRecord details | Privacy | Statute | Informed written consent consisting of the information specified in the statute is required prior to ordering a predictive genetic test. The person to be tested must receive a signed copy of the form, which also must be placed in the medical record. Tests performed per a court order or for a criminal investigation are exempt. |
| South Dakota | State StatuteSouth Dakota: SDCL 58-1-24, 58-1-25, 58-17-84, 58-18-45, 58-18-87,…Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Privacy | Statute | A health carrier, long-term care insurer or life insurer from requiring or requesting an individual or his/her blood relative to take a genetic test or consider the fact that a genetic test was refused in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision in connection with the offer, sale, or renewal of health insurance. The insurance director may promulgate rules concerning genetic information and group health benefit plans. In individual, group and blanket health insurance plans, genetic information may not be treated as a pre-existing condition in the absence of a diagnosis. Small employer carriers may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information. Prohibits any company providing genetic testing directly to a consumer from sharing any genetic test, genetic information, or other personally identifiable information of a consumer with any health carrier, life insurer, or long-term care insurer without written consent from the consumer. A company that provides genetic testing may communicate with a health carrier for the purposes of payment, coordination of medical treatment, or patient care so long as such communication is compliant with the Health Insurance Portability and Accountability Act and only used for the purposes permitted. |
| South Dakota | State StatuteSouth Dakota: SDCL 60-2-20 and 21Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | An employer may not to seek to obtain, obtain, or use genetic information of a current or prospective employee discriminate or restrict any right or benefit otherwise due or available to an employee or a prospective employee. A few exceptions are provided such as if the employer uses the test results for the limited purpose of taking disciplinary action against the employee based only on alleged misconduct. Any employee or prospective employee claiming to be aggrieved by an unlawful employment practice may bring a civil suit. |
| Tennessee | State StatuteTennessee: TC 49-1-702Date not stated in source labelRecord details | Privacy | Statute | Schools must obtain written informed consent from a parent, legal guardian, or student, if the student is 18 years of age or older, before the collection of individual student biometric data, including DNA. The law also establishes additional protections for personally identifiable information, which includes biometric data, maintained by schools. |
| Tennessee | State StatuteTennessee: TC 56-7-2701 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | An insurance provider may not deny or cancel health_insurance_coverage or vary the premiums, terms, or conditions for health_insurance_coverage for an individual or his or her family member on the basis of a request or receipt of genetic services. An insurer may not request or require an individual to whom it provides health_insurance_coverage or an applicant to disclose to the insurer genetic information about the individual or family member of the individual. Life insurance, disability income, long-term care, accident only, hospital indemnity or fixed indemnity, dental or vision policies are exempt from the law. |
| Tennessee | State StatuteTennessee: TC 56-7-2802 and 56-7-2804Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Under the Health Insurance Portability, Availability and Renewal Act group health plans and other issuing group health_insurance_coverage may not base rules for eligibility or continued eligibility on a health status-related factor, including genetic information. |
| Texas | State StatuteTexas TS (Civil Practice and Remedies) Code 74.052Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy | Statute | Pertains to medical authorization required to release protected health information in a health care liability claim. Allows the patient or patient's personal or legal representative to exclude genetic information from the authorization. |
| Texas | State StatuteTexas: Health and Safety Code 33.0111 et seq.Date not stated in source labelRecord details | Use of Residual Newborn Screening Specimens | Statute | Reports, records, and information obtained by the health department for newborn screening that do not identify a child or the family of a child will not be released for public health research purposes unless a parent, managing conservator, or guardian of the child consents to disclosure. Newborn screening blood spots and associated data are confidential under law and may only be used as specified. If a family consents to disclosure of nonidentifiable reports, records and information for public health research, any subsequent disclosures must be approved by an IRB or privacy board of the health department and the Health Commissioner or his or her designee. research for public health purposes is defined to include purposes that relate to cancer, a birth defect, an infectious disease, a chronic disease, environmental exposure, or newborn screening. |
| Texas | State StatuteTexas: TS (Insurance) Code 546.001 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy, Research | Statute | Individual and group health benefit plans that request an applicant for coverage to submit to a genetic test for a permissible purpose must notify the applicant that the test is required, disclose to the applicant the proposed use of the results, and obtain prior written informed consent. A health benefit plan issuer may not use genetic information or the refusal of an applicant to submit to a genetic test to reject, deny, limit, cancel, refuse to renew, increase the premiums for, or otherwise adversely affect eligibility for or coverage under the plan. Genetic material obtained from an individual for a genetic test must be destroyed promptly after the purpose for which it was obtained with some exceptions, including (1) authorized retention of the sample for medical treatment or scientific research or (2) if the sample was obtained for research that is cleared by an institutional review board, and retention of the sample is under a requirement the institutional review board imposes on a specific research project or authorized by the research participant with institutional review board approval under federal law. A health benefit plan issuer may redisclose genetic information without authorization for actuarial or research studies if the tested individual could not be identified in any actuarial or research report and any materials that identify a tested individual are returned or destroyed as soon as reasonably practicable. |
| Texas | State StatuteTexas: TS (Insurance) Code 846.01 and 1501.001 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Pre-existing conditions and health status-related factors are defined to include genetic information with respect to multiple-employer welfare arrangements and the health insurance portability and accountability act. |
| Texas | State StatuteTexas: TS (Labor) Code 21.401-405Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | It is an unlawful employment practice if an employer, labor organization, or employment agency discriminates against an individual on the basis of genetic information or refusal to submit to a genetic test. An employer, labor organization, or employment agency commits an unlawful employment practice if these entities limit, segregate, or classify an employee, member, or applicant in a way that would deprive or tend to deprive the employee, member, or applicant of employment opportunities or otherwise adversely affect the status of his or her status on the basis of genetic information or the refusal to submit to a genetic test. |
| Texas | State StatuteTexas: TS (Labor) Code 301.156Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | The Texas Workforce Commission collects and reports on complaints of employment discrimination, including those related to the use of genetic information. |
| Texas | State StatuteTexas: TS (Occupations) Code 58.001 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination, Privacy, Research | Statute | The statutes restrict the use and disclosure of genetic tests and the use of family history by a licensing authority. A sample obtained from an individual for a genetic test must be destroyed promptly after the purpose for which the sample was obtained with some exceptions, including (1) authorized retention of the sample for medical treatment or scientific research or (2) if the sample was obtained for research that is cleared by an institutional review board, and retention of the sample is under a requirement the institutional review board imposes on a specific research project or authorized by the research participant with institutional review board approval under federal law. Genetic information may not be disclosed without written authorization with some exceptions, including (1) if the disclosure is for information from a research study in which the procedure for obtaining informed written consent and the use of the information is governed by national standards for protecting participants involved in research projects, including guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46 and (2) the information does not identify a specific individual. |
| Utah | State StatuteUC 26-18-25Date not stated in source labelRecord details | Health Insurance Coverage | Statute | Requires the Medicaid program to reimburse for exome sequencing for undiagnosed enrollees under the age of 21. |
| Utah | State StatuteUtah: UC 13-58-101 et seq.Date not stated in source labelRecord details | Privacy | Statute | Enacts the Genetic Information privacy Act. Requires a direct-to-consumer genetic testing company to: (1) provide a consumer clear information regarding the company's collection, use, and disclosure of genetic data; (2) provide a consumer a publicly available privacy notice; (3) obtain a consumer's consent for certain collection, use, or disclosure of the consumer's genetic data; (4) protect a consumer's genetic data; (5) allow a consumer to access and delete the consumer's genetic data; and (6) upon request, destroy a consumer's biological sample. Prohibits a direct-to-consumer genetic testing company from disclosing a consumer's genetic data to certain persons. |
| Utah | State StatuteUtah: UC 26-45-101 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination, Health Insurance Nondiscrimination, Privacy | Statute | An employer may not in connection with a hiring, promotion, retention, or other related decision access or (1) take into account genetic information, (2) request or require an individual to consent to release genetic information, (3) submit to a genetic test, or (4) inquire or take into account that an individual or blood relative of that person has taken a genetic test. An employer may compel disclosure of genetic information for specified reasons. A health care insurer may not in connection with the offer or renewal of an insurance product or in the determination of any underwriting decision access or otherwise (1) take into consideration private genetic information about an asymptomatic individual, (2) request or require an asymptomatic individual to consent to a release for the purpose of accessing private genetic information, (3) request or require an asymptomatic individual or his blood relative to submit to a genetic test, or (4) inquire into or otherwise take into consideration the fact that an asymptomatic individual or his blood relative has taken or refused to take a genetic test. An individual whose rights have been violated bring civil action. |
| Utah | State StatuteUtah: UC 31A-1-301, 31A-22-620, 31A-22-1602Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Genetic information may not be treated as a pre-existing condition in the absence of a diagnosis. The genetic testing privacy act, which prohibits health insurance discrimination, is applicable to insurers except as permitted under the Medicare Supplement Minimum Standards Act. The insurance commissioner may adopt rules regarding nondiscrimination for genetic testing or genetic information in Medicare supplement policies and certificates. |
| Utah | State StatuteUtah: UC 53A-1-1401 et seq.Date not stated in source labelRecord details | Privacy | Statute | Governs the use of biometric identifiers, including human biological samples used for valid scientific testing or screening, by educational entities. |
| Vermont | State StatuteVermont: VSA 18 9331 et seq.Date not stated in source labelRecord details | Privacy, Research | Statute | A person may not be required to undergo genetic testing with some exceptions. Genetic testing may not be performed on any individual or any bodily materials be released for purposes of genetic testing without prior written authorization and informed consent except for (1) medical research where the identity of the subject is unknown, (2) if the research is conducted with anonymized medical information, where individual identifiers are encrypted or encoded, and the identity of the individual is not disclosed, or (3) if the identity of the individual is known, where standards of protection are equal to those contained in regulations promulgated by the federal Office for Protection from research Risk (OPRR). |
| Vermont | State StatuteVermont: VSA 18 9331 et seq.Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | A policy of insurance may not be underwritten or conditioned on a requirement to undergo genetic testing or the results of genetic testing. Civil and criminal penalties are set forth for violations. |
| Vermont | State StatuteVermont: VSA 18 9331 et seq.Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | Employers or labor organizations may not use information about genetic testing, genetic counseling, or genetic disease for purposes specified. Civil and criminal penalties are set forth for violations. |
| Vermont | State StatuteVermont: VSA 8 4724Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | It is an unfair method of competition or unfair and deceptive act or practice to (1) make or permit any unfair discrimination against any individual by conditioning insurance rates, the provision or renewal of insurance coverage, or other conditions of insurance based on the results of genetic testing where there is not a relationship between the information and the cost of the insurance risk that the insurer would assume by insuring the proposed insured or (2) to violate the Title 18 � 9334. |
| Vermont | State StatuteVermont: VSA 9 2430 et seq.Date not stated in source labelRecord details | Privacy | Statute | Requires (1) the State Court Administrator for the Judicial Branch; (2)the Director of Information Technology for the Legislative Branch; and (3) the Chief Data Officer within the Agency of Digital Services and the Chief Records Officer within the Office of the Secretary of State for the Executive Branch to conduct a data privacy inventory for their respective branches of government. The inventory must address the collection and management of personally identifiable information, including genetic information. Requires a report to the legislature on or before January 15, 2021. |
| Virginia | State StatuteVirginia: Code of Va. 32.1-162.16.Date not stated in source labelRecord details | Research | Statute | Requires informed consent to conduct human research. Requires institutions or agencies conducting or proposing to conduct or authorize human research to establish a human research review committee. |
| Virginia | State StatuteVirginia: Code of Va. 38.2-508.4 and 38.2-613Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Privacy | Statute | A person proposing to issue, re-issue, or renew accident and sickness insurance, excluding disability income insurance, issued by any insurer providing hospital, medical and surgical or major medical coverage on an expense incurred basis, a corporation providing a health services plan, or an HMO providing a health care plan may not on the basis of any genetic information or a request for genetic services (1) terminate, restrict, limit, or otherwise apply conditions to coverage of an individual or restrict the sale to an individual, (2) cancel or refuse to renew the coverage of an individual, (3) exclude an individual from coverage, (4) impose a waiting period, (5) require inclusion of a rider that excludes coverage for certain benefits and services, (6) establish differentials in premium rates for coverage, or (7) disclose any genetic information about an individual or his/her family member collected or received in connection with any insurance transaction unless the disclosure is made with the written authorization of the individual. |
| Virginia | State StatuteVirginia: Code of Va. 38.2-3431Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | In the statutes pertaining to group health plans, health status-related factors are defined to include genetic information, and pre-existing condition exclusion may not be based on genetic information in the absence of a diagnosis. |
| Virginia | State StatuteVirginia: Code of Va. 40.1-120.1Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | Prohibits a sponsor of a registered apprenticeship program from discriminating against an apprentice or applicant for apprenticeship on the basis of various factors, including genetic information. |
| Virginia | State StatuteVirginia: Code of Va. 40.1-28.7:1Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | An employer may not request, require, solicit or administer a genetic test as a condition of employment or refuse to hire, fail to promote, discharge or otherwise adversely affect any terms or conditions of employment of any employee or prospective employee solely on the basis of a genetic characteristic or the results of a genetic test, regardless of how the employer obtained such information or results. An employee may bring an action in a court of competent jurisdiction over an employer who took adverse action against the employee. |
| Washington | State StatuteWashington: RCW 40.26.010 et seq.Date not stated in source labelRecord details | Privacy | Statute | Modifies the state privacy law pertaining to biometric information by adding DNA to the definition of biometric identifiers. Provides an exception for law enforcement agencies. |
| Washington | State StatuteWashington: RCW 48.43.012Date not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | Makes state law consistent with selected federal consumer protections in the patient protection and affordable care act. Prohibits a health carrier or health plan from establishing rules for eligibility based on health-status related factors such as genetic information. |
| Washington | State StatuteWashington: RCW 49.44.180Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | A person, firm, corporation, or the state of Washington, its political subdivisions, or municipal corporations may not require any employee or prospective employee to submit genetic information or submit to screening for genetic information as a condition of employment or continued employment. |
| Washington | State StatuteWashington: RCW 70.02.010 et seq.Date not stated in source labelRecord details | Privacy, Research | Statute | A health care provider, an individual who assists a health care provider in the delivery of health care, or an agent and employee of a health care provider may not disclose health care information, including a patient's deoxyribonucleic acid and identified sequence of chemical base pairs, about a patient to any other person without the patient's written authorization. A health care provider may disclose health care information to researchers if the health care provider or health care facility obtains the informed consent for the use of the patient's health care information for research purposes. |
| West Virginia | State StatuteWest Virginia: WVC 18-2-5hDate not stated in source labelRecord details | Privacy | Statute | The Department of Education must prohibit the collection of confidential student information, including genetic information. The Department may not transfer student or redacted data that is confidential except under specified circumstances. |
| West Virginia | State StatuteWest Virginia: WVC 33-15-2a, 33-16-1a, and 33-16-3kDate not stated in source labelRecord details | Health Insurance Nondiscrimination | Statute | A health benefit plan issued in connection with a group health plan may not impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. A health status-related factor is defined to include genetic information as defined in section of the statutes pertaining to individual group accident and sickness insurance. |
| Wisconsin | State StatuteWisconsin: WSA 111.31 et seq. , 942.07Date not stated in source labelRecord details | Employment Nondiscrimination | Statute | An employer, labor organization or employment or licensing agency may not (1) solicit, require or administer a genetic test to any person as a condition of employment, labor organization membership or licensure or affect the terms, conditions or privileges of employment, labor organization membership or licensure; (2) terminate the employment, labor organization membership or licensure of any person who obtains a genetic test; or (3) require or administer a genetic test without the prior written and informed consent of the employee, labor organization member or licensee, or of the prospective employee, labor organization member or licensee, who is the subject of the test. No person may disclose to an employer, labor organization, employment agency or licensing agency that an employee, labor organization member or licensee, or a prospective employee, labor organization member or licensee, has taken a genetic test, and no person may disclose the results of such a test to an employer, labor organization, employment agency or licensing agency without the prior written and informed consent of the subject of the test. |
| Wisconsin | State StatuteWisconsin: WSA 631.89Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | An insurer offering group health_insurance_coverage may not use genetic information as the basis for a pre-existing condition exclusion in the absence of a diagnosis or establish rules for eligibility or continued eligibility based on health status-related factors, including genetic information. An insurer with respect to a self-insured health plan, or a county, city, village or school board that provides health care services for individuals on a self-insured basis, may not (1) require or request any individual or a member of the individual's family obtain a genetic test or reveal whether a test was taken or the results or (2) condition coverage or health care benefits on or use in the determination of rates whether an individual or his/her family member has taken a genetic test or what the results of the test were. Life insurance or income continuance insurers are not subject to the above provisions but may not provide rates or aspects of coverage that are contrary to the risk involved. |
| Wyoming | State StatuteWyoming WSA 35-31-101 et seq.Date not stated in source labelRecord details | Privacy | Statute | The law prohibits the collection, retention and disclosure of genetic information without informed consent with some exceptions such as for law enforcement purposes, newborn screening and anonymous research. An individual may inspect, correct and obtain retained genetic information. A person conducting genetic analysis must destroy an individual's genetic information upon request. Genetic information about an individual obtained for purposes exempt from consent requirements may only be used for the purposes obtained and must be destroyed or returned to the individual upon completion of use or in accordance with law. |
| Wyoming | State StatuteWyoming: WSA 26-19-107 and 26-19-306Date not stated in source labelRecord details | Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination | Statute | A policy of group or blanket disability insurance or health benefit plan covering small employers may not treat genetic information as a pre-existing condition in the absence of a diagnosis or establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information. These entities also may not deny eligibility, or adjust premium or contribution rates based on genetic testing information of an individual or family member or request or require predictive genetic testing information about an individual or family member except as needed for diagnosis, treatment, or payment purposes. |
| Texas | Texas HB 2545Date not stated in source labelRecord details | Genetic data storage/privacy/sharing (industry) | Approved | Relating to an individual's genetic data, including the use of that data by certain genetic testing companies for commercial purposes and the individual's property right in DNA; authorizing a civil p... |
| Texas | Texas HB 270Date not stated in source labelRecord details | Genetic Data & Law Enforcement | Passed House | Relating to postconviction forensic DNA testing. |
| Texas | Texas SB 1544Date not stated in source labelRecord details | Genetic data storage/privacy/sharing (industry) | Introduced | Relating to the use of an individual's genetic data by certain genetic testing companies for commercial purposes; authorizing a civil penalty. |
| Texas | Texas SB 1697Date not stated in source labelRecord details | Neonatal sequencing | Introduced | Relating to an annual report regarding certain newborn screening tests. |
| Vermont | Vermont SB 74Date not stated in source labelRecord details | Neonatal sequencing | Introduced | An act relating to incremental implementation of Green Mountain Care. |
| Virginia | Virginia HB 1077Date not stated in source labelRecord details | Parentage law | Died | Provides that any person who knowingly gives any false information or makes any false statements for the purpose of determining paternity is guilty of a Class 6 felony. The bill further requires an a... |
| Virginia | Virginia SB 1087Date not stated in source labelRecord details | Genetic data storage/privacy/sharing (industry), Lab Developed Tests | Enacted | Establishes requirements for direct-to-consumer genetic testing companies, defined in the bill, including requirements related to information to be provided to consumers, express consent requirements... |
| Virginia | Virginia SB 419Date not stated in source labelRecord details | Genetic data storage/privacy/sharing (industry) | Died | Establishes requirements for direct-to-consumer genetic testing companies, including requirements related to information to be provided to consumers, consent requirements, requirements related to sec... |
| West Virginia | West Virginia HB 3025Date not stated in source labelRecord details | Genetic Data & Law Enforcement | Introduced | Relating to DNA data maintained for law enforcement purposes. |