S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4811
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 23, 2023
                                ___________
 
 Introduced  by M. of A. PRETLOW -- read once and referred to the Commit-
   tee on Insurance
 
 AN ACT to amend the insurance law, in relation to requiring coverage for
   genetic testing in accident and health insurance policies
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  3216 of the insurance law is amended by adding a
 new subsection (n) to read as follows:
   (N) (1) (A) FOR PURPOSES OF  THIS  SUBSECTION:  "PREDISPOSING  GENETIC
 CHARACTERISTIC"  SHALL  MEAN ANY INHERITED GENE OR CHROMOSOME, OR ALTER-
 ATION THEREOF, AND DETERMINED BY A GENETIC TEST OR INFERRED FROM  INFOR-
 MATION  DERIVED  FROM  AN  INDIVIDUAL OR FAMILY MEMBER THAT IS SCIENTIF-
 ICALLY  OR  MEDICALLY  BELIEVED  TO  PREDISPOSE  AN  INDIVIDUAL  OR  THE
 OFFSPRING  OF THAT INDIVIDUAL TO A DISEASE OR DISABILITY, OR TO BE ASSO-
 CIATED WITH A STATISTICALLY SIGNIFICANT INCREASED RISK OF  THE  DEVELOP-
 MENT OF A PHYSICAL OR MENTAL DISEASE OR DISABILITY; AND
   (B)  "GENETIC  TESTING" SHALL MEAN A TEST FOR DETERMINING THE PRESENCE
 OR ABSENCE OF AN INHERITED  GENETIC  CHARACTERISTIC  IN  AN  INDIVIDUAL,
 INCLUDING TESTS OF NUCLEIC ACIDS SUCH AS DNA, RNA AND MITOCHONDRIAL DNA,
 CHROMOSOMES  OR  PROTEINS  IN  ORDER  TO IDENTIFY A PREDISPOSING GENETIC
 CHARACTERISTIC.
   (2) ON AND AFTER SEPTEMBER  FIRST,  TWO  THOUSAND  TWENTY-THREE  EVERY
 POLICY  DELIVERED  OR  ISSUED  FOR DELIVERY IN THIS STATE WHICH PROVIDES
 MEDICAL COVERAGE THAT INCLUDES COVERAGE  FOR  PHYSICIAN  SERVICES  IN  A
 PHYSICIAN'S  OFFICE  AND  EVERY  POLICY  WHICH PROVIDES MAJOR MEDICAL OR
 SIMILAR COMPREHENSIVE-TYPE COVERAGE SHALL PROVIDE COVERAGE  FOR  GENETIC
 TESTING, AND ANY SUBSEQUENT TREATMENT RESULTING FROM THE RESULTS OF SUCH
 TEST,  OF  PERSONS  WHO,  IN  THE  OPINION OF AN ATTENDING PHYSICIAN ARE
 PERSONS WITH A SIGNIFICANT RISK OF CONTRACTING CANCER. FOR  PURPOSES  OF
 THIS  SECTION,  A  PERSON  SHALL BE DEEMED TO HAVE A SIGNIFICANT RISK IF
 THERE IS A FAMILY HISTORY OF CANCER, MORE THAN ONE  GENERATION  IN  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09444-01-3
              

 A. 4811                             2
 
 FAMILY  HAS HAD CANCER, A FAMILY MEMBER HAS HAD MORE THAN ONE OCCURRENCE
 OF CANCER OR A FAMILY MEMBER LESS THAN FORTY-FIVE YEARS OF AGE HAS  BEEN
 DIAGNOSED  WITH  CANCER.  NOTHING  IN THIS SUBSECTION SHALL BE DEEMED TO
 AUTHORIZE  AN INSURER TO UTILIZE OR RELEASE THE RESULTS OF SUCH TEST FOR
 ANY OTHER PURPOSE. NO POLICY DELIVERED OR ISSUED FOR  DELIVERY  IN  THIS
 STATE  PURSUANT  TO  THIS  ARTICLE,  SHALL BE DENIED OR CANCELLED ON THE
 BASIS OF A PREDISPOSING GENETIC CHARACTERISTIC.
   § 2. Subsection (l) of section 3221 of the insurance law is amended by
 adding a new paragraph 11-c to read as follows:
   (11-C) (A) (I) FOR PURPOSES OF THIS PARAGRAPH:  "PREDISPOSING  GENETIC
 CHARACTERISTIC"  SHALL  MEAN ANY INHERITED GENE OR CHROMOSOME, OR ALTER-
 ATION THEREOF, AND DETERMINED BY A GENETIC TEST OR INFERRED FROM  INFOR-
 MATION  DERIVED  FROM  AN  INDIVIDUAL OR FAMILY MEMBER THAT IS SCIENTIF-
 ICALLY  OR  MEDICALLY  BELIEVED  TO  PREDISPOSE  AN  INDIVIDUAL  OR  THE
 OFFSPRING  OF THAT INDIVIDUAL TO A DISEASE OR DISABILITY, OR TO BE ASSO-
 CIATED WITH A STATISTICALLY SIGNIFICANT INCREASED RISK OF  THE  DEVELOP-
 MENT OF A PHYSICAL OR MENTAL DISEASE OR DISABILITY; AND
   (II)  "GENETIC TESTING" SHALL MEAN A TEST FOR DETERMINING THE PRESENCE
 OR ABSENCE OF AN INHERITED  GENETIC  CHARACTERISTIC  IN  AN  INDIVIDUAL,
 INCLUDING TESTS OF NUCLEIC ACIDS SUCH AS DNA, RNA AND MITOCHONDRIAL DNA,
 CHROMOSOMES  OR  PROTEINS  IN  ORDER  TO IDENTIFY A PREDISPOSING GENETIC
 CHARACTERISTIC.
   (B) ON AND AFTER SEPTEMBER  FIRST,  TWO  THOUSAND  TWENTY-THREE  EVERY
 POLICY  DELIVERED  OR  ISSUED  FOR DELIVERY IN THIS STATE WHICH PROVIDES
 MEDICAL COVERAGE THAT INCLUDES COVERAGE  FOR  PHYSICIAN  SERVICES  IN  A
 PHYSICIAN'S  OFFICE  AND  MAJOR  MEDICAL  OR  SIMILAR COMPREHENSIVE-TYPE
 COVERAGE SHALL PROVIDE COVERAGE FOR GENETIC TESTING, AND ANY  SUBSEQUENT
 TREATMENT  RESULTING  FROM  THE RESULTS OF SUCH TEST, OF PERSONS WHO, IN
 THE OPINION OF AN ATTENDING PHYSICIAN ARE  PERSONS  WITH  A  SIGNIFICANT
 RISK OF CONTRACTING CANCER. FOR PURPOSES OF THIS SECTION, A PERSON SHALL
 BE  DEEMED  TO  HAVE  A SIGNIFICANT RISK IF THERE IS A FAMILY HISTORY OF
 CANCER, MORE THAN ONE GENERATION IN SUCH FAMILY HAS HAD CANCER, A FAMILY
 MEMBER HAS HAD MORE THAN ONE OCCURRENCE OF CANCER  OR  A  FAMILY  MEMBER
 LESS  THAN FORTY-FIVE YEARS OF AGE HAS BEEN DIAGNOSED WITH CANCER. NOTH-
 ING IN THIS PARAGRAPH SHALL BE DEEMED TO AUTHORIZE AN INSURER TO UTILIZE
 OR RELEASE THE RESULTS OF SUCH TEST FOR ANY  OTHER  PURPOSE.  NO  POLICY
 DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE PURSUANT TO THIS ARTICLE,
 SHALL  BE  DENIED  OR  CANCELLED  ON THE BASIS OF A PREDISPOSING GENETIC
 CHARACTERISTIC.
   § 3. Section 4303 of the insurance law is  amended  by  adding  a  new
 subsection (uu) to read as follows:
   (UU)  (1)  (A)  FOR PURPOSES OF THIS SUBSECTION: "PREDISPOSING GENETIC
 CHARACTERISTIC" SHALL MEAN ANY INHERITED GENE OR CHROMOSOME,  OR  ALTER-
 ATION  THEREOF, AND DETERMINED BY A GENETIC TEST OR INFERRED FROM INFOR-
 MATION DERIVED FROM AN INDIVIDUAL OR FAMILY  MEMBER  THAT  IS  SCIENTIF-
 ICALLY  OR  MEDICALLY  BELIEVED  TO  PREDISPOSE  AN  INDIVIDUAL  OR  THE
 OFFSPRING OF THAT INDIVIDUAL TO A DISEASE OR DISABILITY, OR TO BE  ASSO-
 CIATED  WITH  A STATISTICALLY SIGNIFICANT INCREASED RISK OF THE DEVELOP-
 MENT OF A PHYSICAL OR MENTAL DISEASE OR DISABILITY; AND
   (B) "GENETIC TESTING" SHALL MEAN A TEST FOR DETERMINING  THE  PRESENCE
 OR  ABSENCE  OF  AN  INHERITED  GENETIC CHARACTERISTIC IN AN INDIVIDUAL,
 INCLUDING TESTS OF NUCLEIC ACIDS SUCH AS DNA, RNA AND MITOCHONDRIAL DNA,
 CHROMOSOMES OR PROTEINS IN ORDER  TO  IDENTIFY  A  PREDISPOSING  GENETIC
 CHARACTERISTIC.
   (2)  ON  AND  AFTER  SEPTEMBER  FIRST, TWO THOUSAND TWENTY-THREE EVERY
 POLICY DELIVERED OR ISSUED FOR DELIVERY IN  THIS  STATE  WHICH  PROVIDES
 A. 4811                             3

 MEDICAL  COVERAGE  THAT  INCLUDES  COVERAGE  FOR PHYSICIAN SERVICES IN A
 PHYSICIAN'S OFFICE OR MAJOR MEDICAL OR SIMILAR COMPREHENSIVE-TYPE COVER-
 AGE SHALL PROVIDE COVERAGE  FOR  GENETIC  TESTING,  AND  ANY  SUBSEQUENT
 TREATMENT  RESULTING  FROM  THE RESULTS OF SUCH TEST, OF PERSONS WHO, IN
 THE OPINION OF AN ATTENDING PHYSICIAN ARE  PERSONS  WITH  A  SIGNIFICANT
 RISK OF CONTRACTING CANCER. FOR PURPOSES OF THIS SECTION, A PERSON SHALL
 BE  DEEMED  TO  HAVE  A SIGNIFICANT RISK IF THERE IS A FAMILY HISTORY OF
 CANCER, MORE THAN ONE GENERATION IN SUCH FAMILY HAS HAD CANCER, A FAMILY
 MEMBER HAS HAD MORE THAN ONE OCCURRENCE OF CANCER  OR  A  FAMILY  MEMBER
 LESS  THAN FORTY-FIVE YEARS OF AGE HAS BEEN DIAGNOSED WITH CANCER. NOTH-
 ING IN THIS SUBSECTION SHALL  BE  DEEMED  TO  AUTHORIZE  AN  INSURER  TO
 UTILIZE  OR  RELEASE  THE RESULTS OF SUCH TEST FOR ANY OTHER PURPOSE. NO
 POLICY DELIVERED OR ISSUED FOR DELIVERY IN THIS STATE PURSUANT  TO  THIS
 ARTICLE,  SHALL  BE  DENIED  OR CANCELLED ON THE BASIS OF A PREDISPOSING
 GENETIC CHARACTERISTIC.
   § 4. This act shall take effect immediately.