S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9929
 
                           I N  A S S E M B L Y
 
                              April 19, 2022
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to  requiring  genetic
   testing results only be received by patients and health care providers
   providing  direct care while health insurance companies only receive a
   record that the genetic testing was performed for payment purposes

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 3 of section 79-l of the civil rights law, as
 added by chapter 497 of the laws of 1996, is amended and a new  subdivi-
 sion 12 is added to read as follows:
   3. (a) All records, findings and results of any genetic test performed
 on  any  person  shall be deemed confidential and shall not be disclosed
 without the written informed consent of the person to whom such  genetic
 test  relates.  This  information shall not be released to any person or
 organization not specifically authorized by the  individual  subject  of
 the  test.  Unauthorized  solicitation or possession of such information
 shall be unlawful, except  for  the  unintentional  possession  of  such
 information  as  part  of a health record created prior to the effective
 date of this section and provided no action adverse to the interests  of
 the  subject  are taken as a result of such possession. [Nothing in this
 section shall  preclude  the  release  of  such  information,  with  the
 subject's  consent,  to a health insurer or health maintenance organiza-
 tion of any information  reasonably  required  for  purposes  of  claims
 administration,  provided, however, that further distribution within the
 insurer or to other recipients  shall  require  the  subject's  informed
 consent in each case.]
   (b) No person who lawfully possesses information derived from a genet-
 ic test on a biological sample from an individual shall incorporate such
 information  into  the records of a non-consenting individual who may be
 genetically related to the tested individual; nor shall  any  inferences
 be drawn, used, or communicated regarding the possible genetic status of
 the non-consenting individual.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13548-02-2
              

 A. 9929                             2
 
   (C)  NO  FINDINGS  OR RESULTS OF ANY GENETIC TEST SHALL BE RELEASED TO
 ANY HEALTH INSURER  OR  HEALTH  MAINTENANCE  ORGANIZATION  REQUIRED  FOR
 PURPOSES OF CLAIMS ADMINISTRATION. ALL HEALTH INSURERS OR HEALTH MAINTE-
 NANCE  ORGANIZATIONS  SHALL  ACCEPT  RECORDS  WITHOUT  THE  TEST  RESULT
 CONFIRMING THAT THE GENETIC TEST WAS PERFORMED AND THE RECORDS, FINDINGS
 OR  RESULTS  WERE  RECEIVED BY THE HEALTH CARE PROVIDER PROVIDING DIRECT
 CARE FOR THE PURPOSES OF CLAIMS ADMINISTRATION.
   12. (A) NO HEALTH INSURER OR LIFE INSURER SHALL REQUIRE  ANY  RECORDS,
 FINDINGS  OR  RESULTS  OF  ANY GENETIC TEST BE PROVIDED TO SUCH INSURER.
 THE HEALTH CARE PROVIDER  AND/OR  THE  POLICYHOLDER  SHALL  PROVIDE  ANY
 NECESSARY  RECORDS TO THE INSURANCE COMPANY TO CONFIRM SUCH GENETIC TEST
 WAS COMPLETED AND THE RECORDS, FINDINGS, OR RESULTS OF  SUCH  TEST  WERE
 RECEIVED BY SUCH PROVIDER.
   (B)  NO  HEALTH  INSURER  OR LIFE INSURER SHALL BASE THEIR POLICIES ON
 GENETIC TEST RECORDS, FINDINGS OR RESULTS OR BEING  PROVIDED  ACCESS  TO
 GENETIC TEST RECORDS, FINDINGS OR RESULTS.
   (C)  NO  HEALTH  INSURER  OR  LIFE  INSURER  SHALL TAKE ADVERSE ACTION
 AGAINST A POLICYHOLDER OR POTENTIAL POLICYHOLDER FOR NOT  HAVING  ACCESS
 TO THE RECORDS, FINDINGS OR RESULTS OF A GENETIC TEST.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law and shall apply  to  policies  and  contracts  issued,
 renewed, modified, altered, or amended on or after such date.