What's happening
This bill requires health insurance policies in New York to cover genetic testing and related treatments for individuals at significant risk of cancer, and prohibits discrimination based on genetic characteristics.
Why it matters
Expands access to preventative care. by making genetic testing and related treatments available to people at higher risk for cancer, potentially allowing for earlier detection and intervention, which can improve outcomes and lower long-term healthcare costs.
Protects patient privacy and autonomy. by strictly prohibiting insurers from using or disclosing genetic test results for any purpose other than providing necessary coverage, helping to safeguard sensitive medical information.
Reduces fear of insurance discrimination. by ensuring that individuals cannot be denied or lose insurance coverage due to genetic predispositions, which may encourage more people to seek genetic testing without worrying about negative repercussions.
Standardizes coverage criteria. by defining what constitutes "significant risk" for cancer (e.g., family history, multiple cases in a family, early-age diagnoses), providing clearer guidelines for both patients and insurers about who qualifies for coverage.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Cover Cancer Genetic Testing
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to insurance
- Referred to insurance
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1803
2017-2018 Regular Sessions
IN ASSEMBLY
January 13, 2017
Introduced by M. of A. PRETLOW -- read once and referred to the Committee 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 Assembly, 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 alteration thereof, and determined by a genetic test or inferred from information derived from an individual or family member that is scientifically or medically believed to predispose an individual or the offspring of that individual to a disease or disability, or to be associated with a statistically significant increased risk of the development 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 seventeen 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 family has had
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03279-01-7
A. 1803 2
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-b to read as follows:
(11-b) (A) (i) For purposes of this paragraph: "Predisposing genetic characteristic" shall mean any inherited gene or chromosome, or alteration thereof, and determined by a genetic test or inferred from information derived from an individual or family member that is scientifically or medically believed to predispose an individual or the offspring of that individual to a disease or disability, or to be associated with a statistically significant increased risk of the development 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 seventeen 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. Nothing 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 (oo) to read as follows:
(oo) (1) (A) For purposes of this subsection: "Predisposing genetic characteristic" shall mean any inherited gene or chromosome, or alteration thereof, and determined by a genetic test or inferred from information derived from an individual or family member that is scientifically or medically believed to predispose an individual or the offspring of that individual to a disease or disability, or to be associated with a statistically significant increased risk of the development 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 seventeen every policy delivered or issued for delivery in this state which provides medical
A. 1803 3
coverage that includes coverage for physician services in a physician's office or 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. 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.
§ 4. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.