Prohibits insurance companies from discriminating based on genetic predisposition including refusing to issue or renew, charging any increased rate, or restricting any length of coverage; prohibits insurers from requiring genetic testing.
STATE OF NEW YORK
________________________________________________________________________
3229
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
___________
Introduced by M. of A. DINOWITZ, GALLAGHER, TAPIA, STIRPE, SIMON, GLICK,
COLTON, ROSENTHAL, SHIMSKY, BURDICK, FORREST, STECK, RAGA, SANTABAR-
BARA, DAVILA, REYES, SEAWRIGHT, CUNNINGHAM, SLATER, GALLAHAN -- read
once and referred to the Committee on Insurance
AN ACT to amend the insurance law, in relation to prohibiting insurance
companies from discriminating based on genetic predisposition; and to
repeal certain provisions of such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "genetic
2 testing protection act of New York".
3 § 2. Section 2615 of the insurance law is REPEALED and a new section
4 2615 is added to read as follows:
5 § 2615. Discrimination because of genetic predisposition. (a) No
6 life, accident, health, disability, long term care, or medical indemnity
7 insurer shall condition insurance rates, the provision or renewal of
8 coverage or benefits, or any other coverage term on the agreement of an
9 individual to undergo genetic testing. Such insurers shall not require
10 or solicit genetic information, use genetic testing results, or consider
11 a person's decisions or actions relating to genetic testing in any
12 manner for any insurance purpose.
13 (b) No life, accident, health, disability, long term care, or medical
14 indemnity insurer shall refuse to issue or renew a policy, cancel a
15 policy, or alter terms and conditions of coverage based on a genetic
16 predisposition of the insured individual or of a member of the insured's
17 family.
18 (c) Nothing in this section shall be construed as preventing an insur-
19 er from accessing an individual's medical record, if otherwise allowed
20 by law. Nothing in this section prohibits an insurer from considering a
21 medical diagnosis included in an individual's medical record, even if a
22 diagnosis was made based on the results of a genetic test.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07130-01-5
A. 3229 2
1 (d) For purposes of this section, the terms "genetic testing" and
2 "genetic predisposition" shall have the meanings set forth in section
3 seventy-nine-l of the civil rights law.
4 § 3. This act shall take effect immediately.
