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.
This bill, titled the "Dennis Crawley genetic protection act of New York," would prohibit certain insurers from using genetic information or genetic testing as a basis for insurance decisions. It applies to life, accident, health, disability, long-term care, and medical indemnity insurers, and bars them from conditioning rates, coverage, renewals, or other terms on an individual’s agreement to undergo genetic testing. It also forbids insurers from requiring or soliciting genetic information, using genetic test results, or considering a person’s decisions about genetic testing for any insurance purpose.
The bill further prohibits these insurers from refusing to issue or renew a policy, canceling coverage, or changing policy terms because of an individual’s genetic predisposition or the genetic predisposition of a family member. At the same time, it preserves an insurer’s ability to access medical records where otherwise permitted by law and to consider medical diagnoses contained in those records, even if the diagnosis was based on genetic testing. The bill repeals the existing Insurance Law section 2615 and replaces it with a new version, taking effect immediately if enacted.
The bill would amend the New York Insurance Law by replacing the current statutory protections against genetic discrimination with a revised section 2615. It would expand and clarify prohibitions on insurer conduct related to genetic testing and genetic predisposition, directly affecting underwriting, policy issuance, renewals, cancellations, and premium-setting practices for life, accident, health, disability, long-term care, and medical indemnity insurance. It would also align the Insurance Law’s definitions of "genetic testing" and "genetic predisposition" with the Civil Rights Law.
The available context suggests generally favorable sentiment toward the bill, as reflected by its introduction with multiple co-sponsors and its framing as a consumer protection measure. No committee transcript or vote record is provided, so there is no direct evidence of opposition or debate in the supplied materials. The bill’s title and substance indicate a policy goal of protecting individuals from insurance discrimination based on inherited risk or genetic testing.
The main potential point of contention is the balance between preventing genetic discrimination and preserving insurers’ ability to use legitimate medical information in underwriting. The bill expressly allows insurers to access medical records where otherwise lawful and to consider diagnoses in those records, even if derived from genetic testing, which may be important to insurers. At the same time, it bars insurers from using genetic predisposition itself or requiring genetic testing, which could raise concerns from the insurance industry about limits on risk assessment and from advocates about ensuring robust privacy and anti-discrimination protections.