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State	Citation/Title (link to state's page)	Topic	Summary
New York	2007 State Bills: 2007 A288	Other Lines of Insurance Nondiscrimination	This bill prohibits denial, cancellation or alteration of a life or disability insurance policy or group life or disability insurance policy, including renewals, on the basis of any genetic testing performed on a insured, applicant or family member of insured or applicant. Measure failed.
New Jersey	2007 State Bills: 2007 A4170	Employment Nondiscrimination	This bill prohibits employers from (1) seeking to obtain or use a genetic test or genetic information, (2) requiring a genetic test or genetic information, (3) accessing or requesting or requiring consent to access genetic information, (4) requesting or requiring a genetic test from an individual or family member, or (5) inquiring about whether an individual or family member has taken or refused to take a genetic test. Civil penalties are set forth for violations. Measure failed.
New York	2007 State Bills: 2007 A4662	Other Lines of Insurance Nondiscrimination	This bill prohibits denial, cancellation or alteration of a life or disability insurance policy or group life or disability insurance policy, including renewals, on the basis of any genetic testing performed on a insured, applicant or family member of insured or applicant. Measure failed.
South Dakota	2007 State Bills: 2007 HB 1166	Health Insurance Nondiscrimination	This bill prohibits pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Measure failed.
Tennessee	2007 State Bills: 2007 HB 2082	Health Insurance Nondiscrimination	Prior to amendment, this bill exempt a insurance pools created by an association of private, not-for-profit educational institutions that has been in existence for at least 25 years from the provisions governing genetic information nondiscrimination. This language was removed from the final version of the bill. The companion bill substituted with SB 343 signed by the Governor May 15, 2007.
Virginia	2007 State Bills: 2007 HB 2120	Health Insurance Nondiscrimination	This bill prohibits the treatment of genetic information as a preexisting condition in the Small Employer Health Insurance Exchange in the absence of a diagnosis of the condition related to such information. Measure failed.
Virginia	2007 State Bills: 2007 HB 2121	Health Insurance Nondiscrimination	This bill prohibits the treatment of genetic information as a preexisting condition in the Small Employer Health Insurance Exchange in the absence of a diagnosis of the condition related to such information. Measure failed.
Mississippi	2007 State Bills: 2007 HB 233	Health Insurance Nondiscrimination	This bill creates the Genetic Information Nondiscrimination in Health Insurance Act, which prohibits health benefits plans from denying, refusing or canceling health insurance benefits or coverage on the basis of genetic information or a request or receipt of genetic services. The bill also prohibits health benefit plan insurers from requesting or requiring a genetic test and from disclosing genetic information without prior written authorization. Penalties for violations are set forth. Measure failed.
Mississippi	2007 State Bills: 2007 HB 266	Employment Nondiscrimination	This bill prohibits employers from using genetic testing for discriminatory purposes. Civil and criminal penalties for violations are set forth. Measure failed.
Georgia	2007 State Bills: 2007 HB 276	Employment Nondiscrimination, Other Lines of Insurance Nondiscrimination, Privacy Issues	This bill creates guidelines such as consent requirements for the creation and storage of biometric information, which is defined to include DNA samples. The bill also prohibits life insurers from requiring genetic information to determine an applicants eligibility or rates to be charged for life insurance; however, any pre-existing genetic information must be supplied to the insurance company upon application. The bill forbids employers or employment agencies from using information derived from genetic testing for identification purposes or as a condition of employment. The bill provides remedies for individuals whose genetic information is inappropriately used. Measure failed.
Oregon	2007 State Bills: 2007 HB 3341	Health Insurance Nondiscrimination	This bill creates the Oregon Health Insurance Exchange and prohibits the treatment of genetic information in the absence of a diagnosis as a pre-existing condition in the exchange. Measure failed.
Missouri	2007 State Bills: 2007 HB 364	Health Insurance Nondiscrimination	This bill, as substituted by the Senate, prohibits the treatment of genetic information as a preexisting condition in the absence of a diagnosis and prevents the establishment of rules for eligibility or continued eligibility on the basis of a health status-related factor, including genetic information, in health insurance. Measure failed.
Pennsylvania	2007 State Bills: 2007 HB 434	Employment Nondiscrimination	This bill adds genetic information to the Pennsylvania Human Relations Act. The bill prohibits discrimination because of genetic information by employers, employment agencies and labor organizations. Individuals whose rights are violated may file a complaint with the Human Relations Commission and maintain a right of action in the courts of the Commonwealth. Measure failed.
Missouri	2007 State Bills: 2007 HB 586	Employment Nondiscrimination	This bill authorizes designated administrators to take action if it is determined that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act of discrimination prohibited under the state genetic nondiscrimination laws that applies to employers. Measure failed.
Missouri	2007 State Bills: 2007 HB 818	Health Insurance Nondiscrimination	This bill prohibits individual, small group and large group health insurers from treating genetic information as a pre-existing condition in the absence of a diagnosis. The bill also prohibits health insurers from establishing rules for eligibility based on genetic information. Approved by the Governor June 1, 2007.
New York	2007 State Bills: 2007 S2696	Health Insurance Nondiscrimination	This bill prohibits the use of genetic information for community rating to develop small group health insurance premiums. The bill also prohibits pre-existing condition exclusions in small group health insurance policies based on genetic predisposition. Measure failed.
New York	2007 State Bills: 2007 S3449	Health Insurance Nondiscrimination	This bill prohibits group or blanket policies that cover 51 or more employees for hospital, medical, major medical, or similar type comprehensive coverage from excluding members or dependents or establishing rates based on predisposing genetic characteristics. The bill also prohibits health insurers from requiring or using tests for or information about predisposing genetic characteristics for underwriting. The same restrictions are imposed upon hospital service corporations, health services corporation and medical expense indemnity corporations covering 51 or more employees. Measure failed.
Idaho	2007 State Bills: 2007 SB 1107	Health Insurance Nondiscrimination	The bill amends the state genetic nondiscrimination law by prohibiting discrimination on the basis of genetic information or a genetic test in the issuance of coverage, or the fixing of rates, terms or conditions, for any policy or contract of hospital or medical insurance or any health benefit plan. Measure failed.
South Dakota	2007 State Bills: 2007 SB 132	Health Insurance Nondiscrimination	As introduced, this bill included a provision that prohibited pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Measure failed.
Oregon	2007 State Bills: 2007 SB 244	Health Insurance Nondiscrimination, Privacy Issues	This bill amends the state genetic privacy law by allowing health insurers to retain or disclose genetic information without written authorization if (1) the retention is for treatment, payment or health care operations by the insurer; and (2) the disclosure is in accordance with ORS 746.607 (3). Signed by the Governor July 17, 2007.
Missouri	2007 State Bills: 2007 SB 325	Employment Nondiscrimination	This bill authorizes designated administrators to take action if it is determined that a person has engaged, is engaging in, or has taken a substantial step toward engaging in an act of discrimination prohibited under the state genetic nondiscrimination laws that applies to employers. Measure failed.
Tennessee	2007 State Bills: 2007 SB 343	Health Insurance Nondiscrimination	Prior to amendment, this bill exempt insurance pools created by an association of private, not-for-profit educational institutions that has been in existence for at least 25 years from the provisions governing genetic information nondiscrimination. This language was removed from the final version of the bill, which was signed by the Governor May 15, 2007.
Oregon	2007 State Bills: 2007 SB 759	Health Insurance Nondiscrimination, Privacy Issues	This bill amends the state genetic privacy law by changing retention and disclosure provisions that apply to health insurers.
Illinois	2007 State Bills: 2007 SB 939	Employment Nondiscrimination, Privacy Issues	This bill amends the Genetic Information Privacy Act and makes technical changes to the section of the law pertaining to employers. Measure failed.
Illinois	2007 State Bills: 2007 SB 940	Privacy Issues	This bill was introduced as an amendment to the Genetic Information Privacy Act. All language was stricken in a senate amendment and new language was added related to firearms.
Illinois	2007 State Bills: 2007 SB 941	Privacy Issues	This bill was introduced as an amendment to the Genetic Information Privacy Act. All language was stricken in a senate amendment and new language was added related to cancer drugs.
Maryland	2008 State Bills: 2008 HB 29	Other Lines of Insurance Nondiscrimination	This bill prohibits long-term care insurance carriers from requesting or requiring a genetic test to deny or limit coverage or charge a higher rate for the same coverage. These entities may not use the results of a genetic test, genetic information, or a request for genetic services to deny or limit coverage or charge a higher rate for the same coverage except that genetic information or the results of a genetic test may be used for such purposes if based on sound actuarial principles. Approved by the Governor May 22, 2008.
West Virginia	2008 State Bills: 2008 HB 2978	Employment Nondiscrimination, Health Insurance Nondiscrimination, Privacy Issues, Research Issues	This bill creates the Genetic Information Privacy Act. Genetic testing and genetic information derived from testing may be released only to the individual tested or people specifically given written authorization to receive the information by the individual. Accident and health insurers may not request or seek information derived from genetic testing. If the federal government or others propose guidelines, the bill authorizes the insurance commissioner to propose rules to authorize further disclosure of information derived from genetic testing for insurance purposes beyond what is permitted in the legislation. The bill requires employers to treat information derived from genetic testing in a manner consistent with federal law, including but not limited to the Americans with Disabilities Act. Exclusions under the definition of genetic testing includes research governed by the Common Rule, tests conducted purely for research, tests for somatic as opposed to heritable mutations, tests where direct personal identifiers that reveal the patients identity are encoded or encrypted and tests that are composed of de-identified or anonymized information. Penalties for violations are set forth. Measure failed.
Mississippi	2008 State Bills: 2008 HB 364	Health Insurance Nondiscrimination, Privacy Issues	This bill creates the Genetic Information Nondiscrimination in Health Insurance Act, which prohibits health benefits plans from denying, refusing or canceling health insurance benefits or coverage on the basis of genetic information or a request or receipt of genetic services. The bill also prohibits health benefit plan insurers from requesting or requiring a genetic test and from disclosing genetic information without prior written authorization. Penalties for violations are set forth. Measure failed.
Virginia	2008 State Bills: 2008 HB 593	Health Insurance Nondiscrimination	This bill prohibits the establishment of rules for eligibility or continued eligibility based on a health status-related factor, including genetic information, in Virginia share health insurance policies. This bill also prohibits pre-existing condition exclusions in these policies based on genetic information in the absence of a diagnosis of a condition related to such information. Measure failed.
Minnesota	2008 State Bills: 2008 HF 1905	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	This bill modifies the definition of genetic test under the Genetic Insurance Discrimination Act and adds a new section restricting the use of genetic information in individual and group life, disability income and long-term care insurance. For underwriting and ratemaking purposes, these insurers may not request or require a genetic test, use genetic test results other than those in the medical record or use genetic test results in the medical record without claims experience, substantial data or actuarial justification. Measure failed.
California	2008 State Bills: 2008 SB 1115	Other Lines of Insurance Nondiscrimination	The bill states that physicians assigning apportionment to the causes of permanent disability by finding what approximate percentage of the disability is a direct result of the employment-related injury versus other factors may not consider genetic predisposition a cause or other factor of disability. Vetoed.
Illinois	2008 State Bills: 2008 SB 2399	Employment Nondiscrimination, Privacy Issues	This bill amends the Genetic Information Privacy Act. The bill adds and amends definitions under the law, makes changes to the employment provisions, adds requirements to be consistent with federal laws such as GINA, and further specifies prohibited actions by covered entities. Monetary penalties are increased, and a private right of action is afforded to any person alleging a violation of the law. The bill allows local governments to enact genetic privacy measures equal to or greater than the protections provided under state law. Approved by the Governor August 26, 2008.
Colorado	2008 State Bills: 2008 SB 241	Employment Nondiscrimination	This bill prohibits the reduction of an employees permanent total disability when the disability is a result of a work-related injury or a work-related injury combined with a congenital, genetic or similar conditions except that the law does not apply to reductions in recovery or apportionment allowed pursuant to Colorado Supreme Court decision in Anderson v. Brinkhoff, 859 P.2d 819, (Colo. 1993). Signed into law June 2, 2008.
Virginia	2008 State Bills: 2008 SB 578	Health Insurance Nondiscrimination	This bill prohibits the establishment of rules for eligibility or continued eligibility based on a health status-related factor, including genetic information, in Virginia share health insurance policies. This bill also prohibits pre-existing condition exclusions in these policies based on genetic information in the absence of a diagnosis of a condition related to such information. Measure failed.
Maryland	2008 State Bills: 2008 SB 918	Other Lines of Insurance Nondiscrimination	This bill prohibits long-term care insurance carriers from requesting or requiring a genetic test to deny or limit coverage or charge a higher rate for the same coverage. These entities may not use the results of a genetic test, genetic information, or a request for genetic services to deny or limit coverage or charge a higher rate for the same coverage except that genetic information or the results of a genetic test may be used for such purposes if based on sound actuarial principles.
New York	2009 State Bills: 2009 A1769	Other Lines of Insurance Nondiscrimination	This bill prohibits denial, cancellation or alteration of a life or disability insurance policy or group life or disability insurance policy, including renewals, on the basis of any genetic testing performed on an insured, applicant or family member of insured or applicant. As of May 2010, last action on January 6, 2010 when the bill was referred to the Insurance Committee.
New York	2009 State Bills: 2009 A3731	Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	This bill creates the genetics advisory council. The council, if created, will study and make recommendations on various issues, including unfair discrimination by insurers and employers. As of May 2010, the last action was on January 6, 2010 when the bill was referred to the Health Committee.
New York	2009 State Bills: 2009 A3781	Health Insurance Nondiscrimination	This bill prohibits the use of genetic information for community rating to develop small group health insurance premiums. The bill also prohibits pre-existing condition exclusions in small group health insurance policies based on genetic predisposition. As of May 2010, last action was on January 6, 2010 when the bill was referred to the Insurance Committee.
New York	2009 State Bills: 2009 A8123	Health Insurance Nondiscrimination	This bill prohibits group or blanket policies that cover 51 or more employees for hospital, medical, major medical, or similar type comprehensive coverage from excluding members or dependents or establishing rates based on predisposing genetic characteristics. The bill also prohibits health insurers from requiring or using tests for or information about predisposing genetic characteristics for underwriting. The same restrictions are imposed upon hospital service corporations, health services corporation and medical expense indemnity corporations covering 51 or more employees. As of May 2010, the last action was on January 6, 2010 when the bill was referred to Insurance Committee.
New York	2009 State Bills: 2009 A8511	Employment Nondiscrimination, Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	This bill creates the genetics advisory council. The council, if created, will study and make recommendations on various issues, including unfair discrimination by employers and insurers. As of May 2010, the last action was on March 11, 2010 when the bill was amended on 3rd reading.
California	2009 State Bills: 2009 AB 1543	Health Insurance Nondiscrimination	This bill requires an issuer of a Medicare supplement contract, policy or certificate to adhere to the requirements imposed by the federal Genetic Information Nondiscrimination Act of 2008. Approved by the Governor July 2, 2009.
Wisconsin	2009 State Bills: 2009 AB 31	Employment Nondiscrimination	This bill allows a person discriminated against or the department of workforce development under the state fair employment practices law to bring an action in circuit court. Measure failed.
Wisconsin	2009 State Bills: 2009 AB 75	Health Insurance Nondiscrimination	This bill amends statute section 631.89 (2) (bm) related to requesting or requiring genetic information from health care providers by amending the definition of covered providers to include providers as defined in section 146.81 (a) to (p). Report approved by the Governor with partial veto June 26, 2009 (section pertaining to genetic testing unaffected by partial veto)
Maryland	2009 State Bills: 2009 HB 1	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	This bill repeals an exemption for disability insurance under the state genetic nondiscrimination law and amends the definition of genetic information that currently applies to health insurance. Measure failed.
Maryland	2009 State Bills: 2009 HB 11	Health Insurance Nondiscrimination	This bill provides an individual with a right to civil if the state genetic nondiscrimination insurance statutes are violated. Measure failed.
North Carolina	2009 State Bills: 2009 HB 1183	Health Insurance Nondiscrimination	This bill requires health benefit plans and insurers to comply with all applicable standards of Public Law 110-233, known as the Genetic Information Nondiscrimination Act of 2008, as amended by Public Law 110-343, and as further amended. Signed by the Governor July 31, 2009.
Maryland	2009 State Bills: 2009 HB 12	Privacy Issues	This bill restricts access to, use of and retention of DNA samples and disclosure of DNA test results without consent with some exceptions. The bill also provides personal property rights to DNA samples and DNA test results. The bill requires the health department to develop a uniform written informed consent form. Civil and criminal penalties are set forth, and individuals whose rights are violated may bring civil action. Measure failed.
Colorado	2009 State Bills: 2009 HB 1338	Health Insurance Nondiscrimination, Privacy Issues, Research Issues	This bill amends state genetic nondiscrimination laws on health care, group disability and long-term care insurance by creating a new section of the statutes that pertains specifically to that genetic nondiscrimination in health insurance. The bill also provides exceptions for obtaining genetic information, including scientific research if the identity of the individual to whom the genetic information pertains is not disclosed to a third party other than the individuals physician with written consent. The bill provides remedies for individuals whose rights are violated. Signed into law June 1, 2009.
Pennsylvania	2009 State Bills: 2009 HB 1593	Health Insurance Nondiscrimination	This bill requires health insurers to comply with federal acts, including the Genetic Information Nondiscrimination Act of 2008. The insurance commissioner may revoke, suspend or refuse the license of insurers who fail to comply, issue a cease and desist order, or impose penalties. As of May 2010, last action was on October 6, 2009 when the bill was referred to the Banking and Insurance Committee
Pennsylvania	2009 State Bills: 2009 HB 1906	Employment Nondiscrimination	This bill adds genetic information to the Pennsylvania Human Relations Act. The bill prohibits discrimination because of genetic information by employers, employment agencies and labor organizations. Individuals whose rights are violated may file a complaint with the Human Relations Commission and maintain a right of action in the courts of the Commonwealth. As of May 2010, the last action was on August 6, 2009 when the bill was referred to the Committee on State Government.
Oregon	2009 State Bills: 2009 HB 2009	Privacy Issues	This bill amends the state genetic privacy law by designating the Oregon Health Authority (previously the Department of Health and Human Services) as the body responsible for certain provisions of the law. Signed by the Governor June 26, 2009.
Alaska	2009 State Bills: 2009 HB 222	Health Insurance Nondiscrimination	This bill requires health care insurers in the individual market to comply with genetic information nondiscrimination requirements established under 42 U.S.C. 300gg-53. Health care insurers in the group market must comply with genetic information nondiscrimination requirements established under 42 U.S.C. 300gg-1(b)(3), 42 U.S.C. 300gg-1(c) - (f), and 42 U.S.C. 300gg-91. Signed into law August 5, 2009.
West Virginia	2009 State Bills: 2009 HB 2720	Employment Nondiscrimination, Health Insurance Nondiscrimination, Privacy Issues, Research Issues	This bill creates the Genetic Information Privacy Act. Genetic testing and genetic information derived from testing may be released only to the individual tested or people specifically given written authorization to receive the information by the individual. Accident and health insurers may not request or seek information derived from genetic testing. If the federal government or others propose guidelines, the bill authorizes the insurance commissioner to propose rules to authorize further disclosure of information derived from genetic testing for insurance purposes beyond what is permitted in the legislation. The bill requires employers to treat information derived from genetic testing in a manner consistent with federal law, including but not limited to the Americans with Disabilities Act. Exclusions under the definition of genetic testing includes research governed by the Common Rule, tests conducted purely for research, tests for somatic as opposed to heritable mutations, tests where direct personal identifiers that reveal the patients identity are encoded or encrypted and tests that are composed of de-identified or anonymized information. Penalties for violations are set forth. Measure failed.
Mississippi	2009 State Bills: 2009 HB 402	Health Insurance Nondiscrimination	This bill creates the Genetic Information Nondiscrimination in Health Insurance Act, which prohibits health benefits plans from denying, refusing or canceling health insurance benefits or coverage on the basis of genetic information or a request or receipt of genetic services. The bill also prohibits health benefit plan insurers from requesting or requiring a genetic test and from disclosing genetic information without prior written authorization. Penalties for violations are set forth. Measure failed.
Michigan	2009 State Bills: 2009 HB 5234	Health Insurance Nondiscrimination, Research Issues	This bill applies to insurers that provide Medicare supplement policies or certificates only. Denying or conditioning the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information is prohibited. These insurers of these policies or certificates may not (1) discriminate with respect to pricing on the basis of genetic information, (2) request or require an individual or family member to undergo a genetic test (with an exception regarding requesting a test), or (3) use the manifestation of disease in an individual as genetic information about another group members and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met. As of May 2010, the last action was on September 16, 2009 when the bill was referred to the Senate Committee on Economic Development and Regulatory Reform.
Connecticut	2009 State Bills: 2009 HB 6333	Employment Nondiscrimination	This bill amends the state genetic nondiscrimination law for employment by creating an exemption for state or local law enforcement, the department of public safety and the division of scientific services that allows those entities to request or require employees to provide genetic information for the purpose of detecting contamination of samples examined by the division of scientific services. Measure failed.
Pennsylvania	2009 State Bills: 2009 HB 828	Employment Nondiscrimination	This bill adds genetic information to the Pennsylvania Human Relations Act. The bill prohibits discrimination because of genetic information by employers, employment agencies and labor organizations and public accommodation of housing and commercial property. Individuals whose rights are violated may file a complaint with the Human Relations Commission and maintain a right of action in the courts of the Commonwealth. As of May 2010, last action was on March 10, 2009 when the bill was referred to the Committee on State Government.
Pennsylvania	2009 State Bills: 2009 HB 829	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	This bill prohibits any legal entity engaged in the business of insurance subject to the Insurance Company Law of 1921 from denying, limiting, canceling, refusing to renew or varying the premiums for an insurance policy on the basis of genetic information or the request or receipt of genetic services by an individuals family member. Insurers also may not request of require disclosure of genetic information; request or require an individual to reveal whether genetic information has been obtained; or disclose genetic information about an individual or family member without written consent. Harmed individuals have a civil cause of action against the insurer. As of May 2010, the last action was on March 10, 2009 when the bill was referred to the Committee on State Government.
Minnesota	2009 State Bills: 2009 HF 1821	Privacy Issues	This bill adds third generation pedigrees to health data protections that apply to the state health department. This bill also requires government entities to obtain written informed consent to collect genetic information and human biological specimens. Consent must include the purpose for collection, the length of retention, and any dissemination outside the organization that will occur. As of May 2010, the last action was on March 18, 2009 when the bill was introduced.
Minnesota	2009 State Bills: 2009 HF 1853	Health Insurance Nondiscrimination, Research Issues	This bill applies to insurers that provide Medicare supplement policies or certificates only. Denying or conditioning the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information is prohibited. These insurers of these policies or certificates may not (1) discriminate with respect to pricing on the basis of genetic information, (2) request or require an individual or family member to undergo a genetic test (with an exception regarding requesting a test), or (3) use the manifestation of disease in an individual as genetic information about another group members and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met. Approved by the governor May 22, 2009.
Minnesota	2009 State Bills: 2009 HF 901	Privacy Issues	This bill amends the definition of genetic information and creates a new section of the state genetic privacy law to separate the provisions that apply to government entities versus any person. The requirements imposed on government entities and any person with respect to written informed consent and appropriate use of genetic information are identical. As of May 2010, the last action was on February 16, 2009 when the bill was introduced.
Minnesota	2009 State Bills: 2009 HF 902	Privacy Issues, Research Issues	This bill creates personal property rights human biological specimens, defined as tissues, organs and body parts from which DNA may be isolated and requires written informed consent for the use of biological specimens in medical or genetic research. Consent forms must provide at least three options, including consent for a specific research project, consent for future research projects that are yet undefined, or consent for future research projects that are yet undefined, contingent on the research entity returning to seek specific written informed consent if the project is or could be considered controversial. The bill allows limited use of biological specimens for the calibration of laboratory equipment. As of May 2010, the last action was on February 16, 2009 when the bill was introduced.
Maine	2009 State Bills: 2009 LD 1180	Health Insurance Nondiscrimination, Research Issues	This bill prohibits carriers of hospital, health or dental insurance from discriminating based on genetic information, refusal to submit to a genetic test or to make available the results of a genetic test, or on the basis that an individual or dependent received a genetic test or genetic counseling. A carrier may request but not require a genetic test pursuant to the Common Rule, or equivalent federal regulations and any applicable state or local laws, rules or regulations for the protection of human subjects in research and in compliance with specified conditions. Other provisions limit the ability of carriers to request, require or purchase a genetic information for certain purposes. Signed by the Governor and Public Law as of June 3, 2009.
New York	2009 State Bills: 2009 S4782	Health Insurance Nondiscrimination	This bill prohibits group or blanket policies that cover 51 or more employees for hospital, medical, major medical, or similar type comprehensive coverage from excluding members or dependents or establishing rates based on predisposing genetic characteristics. The bill also prohibits health insurers from requiring or using tests for or information about predisposing genetic characteristics for underwriting. The same restrictions are imposed upon hospital service corporations, health services corporation and medical expense indemnity corporations covering 51 or more employees. As of May 2010, last action was on January 6, 2010 when the bill was referred to Insurance Committee.
New York	2009 State Bills: 2009 S935	Health Insurance Nondiscrimination	his bill prohibits the use of genetic information for community rating to develop small group health insurance premiums. The bill also prohibits pre-existing condition exclusions in small group health insurance policies based on genetic predisposition. As of May 2010, last action was referred to Insurance Committee on January 6, 2010.
Pennsylvania	2009 State Bills: 2009 SB 1112	Health Insurance Nondiscrimination	This bill requires health insurers to comply with federal acts, including the Genetic Information Nondiscrimination Act of 2008. The insurance commissioner may revoke, suspend or refuse the license of insurers who fail to comply, issue a cease and desist order, or impose penalties. As of May 2010, the last action was on March 16, 2010 when the bill was laid on the table.
California	2009 State Bills: 2009 SB 145	Other Lines of Insurance Nondiscrimination	This bill prohibits the denial of a workers' compensation claim solely because the motivation behind what caused the employee's injury or injury resulting in death was related to an immutable characteristic of the employee. The bill also states that physicians assigning apportionment to the causes of permanent disability by finding what approximate percentage of the disability is a direct result of the employment-related injury versus other factors may not consider genetic predisposition a cause or other factor of disability. As of May 2010, passed house of origin in 2009 and, therefore, carries over to 2010 but was placed on inactive file by sponsor on 7/13/2009.
Maryland	2009 State Bills: 2009 SB 2	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	This bill repeals an exemption for disability insurance under the state genetic nondiscrimination law and amends the definition of genetic information used in the health insurance nondiscrimination law. Measure failed.
Pennsylvania	2009 State Bills: 2009 SB 237	Health Insurance Nondiscrimination	This bill requires insurers to comply with certain federal acts, including the Genetic Information Nondiscrimination Act. Approved by the Governor, March 22, 2010
Illinois	2009 State Bills: 2009 SB 2493	Health Insurance Nondiscrimination	This bill deletes provisions in the statutes related to pre-existing conditions and the treatment on genetic information as such a condition. As of May 6, 2010, Third Reading Deadline Established of May 7, 2010.
California	2009 State Bills: 2009 SB 482	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	This bill states that all biological data derived from post-CLIA bioinformatics services shall be considered to contain genetic characteristics, as defined in section 1374.7 of the Health and Safety Code and section 10146 of the Insurance Code and is subject to the prohibitions in those sections of the statutes. Bill did not pass house of origin in 2009 and, therefore, does not carry-over to 2010.
Maryland	2009 State Bills: 2009 SB 54	Privacy Issues	This bill restricts access to, use of and retention of DNA samples and disclosure of DNA test results without consent with some exemptions. The bill also provides personal property rights to DNA samples and DNA test results and requires the health department to develop a uniform written informed consent form. Penalties are set forth for violations. Measure failed.
Maryland	2009 State Bills: 2009 SB 57	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	This bill provides an individual with a right to civil if the state genetic nondiscrimination insurance statutes are violated. Measure failed.
Pennsylvania	2009 State Bills: 2009 SB 623	Privacy Issues	This bill creates the Body Data Privacy Act. This bill prevents any government agency from denying benefits or privileges to individuals for the refusal to disclose biometric data, which is defined to include DNA or RNA. Exemptions include disclosure as required by federal statute, state statute or law enforcement. Requests for disclosure must state whether disclosure is voluntary or mandatory and the reason for the request. Individuals whose biometric data is misused may bring an action in the court of common pleas for remedies. As of May 2010, the last action was on June 24, 2009 when the bill was re-referred to the Appropriations Committee.
Michigan	2009 State Bills: 2009 SB 744	Health Insurance Nondiscrimination, Research Issues	This bill applies to insurers that provide Medicare supplement policies or certificates only. Denying or conditioning the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information is prohibited. These insurers of these policies or certificates may not (1) discriminate with respect to pricing on the basis of genetic information, (2) request or require an individual or family member to undergo a genetic test (with an exception regarding requesting a test), or (3) use the manifestation of disease in an individual as genetic information about another group members and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met. Approved by the Governor December 31, 2009.
Virginia	2009 State Bills: 2009 SB 976	Health Insurance Nondiscrimination	This bill prohibits the treatment of genetic information as a preexisting condition in basic health insurance plans in the absence of a diagnosis of the condition related to such information. Measure failed.
Minnesota	2009 State Bills: 2009 SF 1653	Health Insurance Nondiscrimination	This bill adds supplemental Medicare policies to health insurance plans covered under the state Genetic Discrimination Act. HF 1853, which was approved by the Governor, was substituted for this bill.
Kansas	2010 State Bills: 2010 HB 2501	Health Insurance Nondiscrimination	As described in the supplemental bill note, this bill establishes additional restrictions on insurance companies that require larger premiums for coverage based on obtaining a genetic test or the results of a genetic test, or that adjust premiums based on obtaining a genetic test or the results of a genetic test. The bill also specifies that the genetic testing provisions in law would apply to group policies and certificates of coverage or individual policies that provide hospital, medical or surgical expense benefits. Approved by the Governor April 15, 2010.
Maryland	2010 State Bills: 2010 HB 1351	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	This bill amends provisions of law that relate to the use of genetic tests and genetic information by an insurer, nonprofit health service plan, or health maintenance organization. The bill also amends provisions related to the use of genetic information in disability insurance, longterm care insurance, or life insurance. Measure failed.
Colorado	2010 State Bills: 2010 HB 1422	Privacy Issues	This bill amends section 10-3-1104.6 of the statutes by modifying a provision on limitations on disclosure of genetic information. The list of public health entities exempt from limitations on disclosure when conducting certain activities is reworded to include county, district or municipal public health agencies. As of May 5, 2010 Senate Committee on Judiciary referred as amended to Senate Committee of the Whole.
Florida	2010 State Bills: 2010 HB 1593	Employment Nondiscrimination	This bill prohibits appointments, terminations, assignments, and maintenance of status, compensation, privileges and other terms and conditions of employment in the state personnel system based on genetic information. Measure failed.
Arizona	2010 State Bills: 2010 HB 2291	Health Insurance Nondiscrimination	This bill prohibits health care service organizations from imposing pre-existing condition limitations or exclusions. Genetic conditions in the absence of a diagnosis related to the condition are not considered pre-existing conditions and may not result in a pre-existing condition limitation or exclusion. Measure failed.
Mississippi	2010 State Bills: 2010 HB 378	Health Insurance Nondiscrimination	This bill creates the genetic nondiscrimination in health insurance act. No health benefit plan may cancel, deny or refuse to renew benefits or coverage based on genetic information. This bill also places restrictions on health benefit plan's ability to request or require disclosure of genetic information. Measure failed.
South Carolina	2010 State Bills: 2010 HB 4298	Health Insurance Nondiscrimination, Privacy Issues, Research Issues	This bill amends existing statute sections and creates new statute sections pertaining to health insurance nondiscrimination, genetic privacy, research issues and enforcement of these provisions. As of May 2010, last action was on January 13, 2010 when the bill was referred to the Committee on Labor, Commerce, and Industry.
Virginia	2010 State Bills: 2010 HB 455	Employment Nondiscrimination	This bill amends the state employment genetic nondiscrimination law by adding the Commonwealth or any of its agencies, institutions, or political subdivisions, or any public body to the list of entities covered under the law. May carry-over to 2011.
Maryland	2010 State Bills: 2010 HB 504	Employment Nondiscrimination	This bill amends the employment discrimination law to state that an unlawful employment practice is established, including discrimination based on genetic information, when the complainant demonstrates that genetic information was a motivating factor for any employment practice even though other factors motivated the practice. Measure failed.
Mississippi	2010 State Bills: 2010 HB 825	Health Insurance Nondiscrimination	This bill prohibits group health benefit plans from imposing pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Measure failed.
Iowa	2010 State Bills: 2010 HF 2531	Employment Nondiscrimination	This bill adds definitions to the genetic nondiscrimination in employment law. Signed by the Governor April 29, 2010.
Nebraska	2010 State Bills: 2010 LB 1038	Privacy Issues	This bill amends section 71-551 of the statutes on genetic testing. Proposed changes address the types of genetic tests covered under law and and consent requirements. Measure failed.
South Carolina	2010 State Bills: 2010 SB 1224	Health Insurance Nondiscrimination, Privacy Issues, Research Issues	This bill amends existing statute sections and creates new statute sections pertaining to health insurance nondiscrimination, genetic privacy, research issues and enforcement of these provisions. As of May 2010, the last action was on May 6, 2010 when the House Committee on Labor, Commerce and Industry reported favorably on the bill.
Pennsylvania	2010 State Bills: 2010 SB 1271	Health Insurance Nondiscrimination	This bill prohibits small group health insurers from engaging in medical underwriting, including genetic information. As of May 2010, the last action was on March 11, 2010 when the bill was referred to the Banking and Insurance Committee.
Kentucky	2010 State Bills: 2010 SB 155	Health Insurance Nondiscrimination, Privacy Issues	This bill prohibits the adjustment of premium or contribution amounts based on genetic information; prohibits an insurer from requesting or requiring a genetic test of a member unless made pursuant to the Common Rule, equivalent federal regulations or any applicable administrative regulation for the protection of human subjects in research; prohibits the use of genetic information for underwriting purposes; prohibits the request, requirement, or purchase of genetic information by an insurer prior to an individual's enrollment under a plan; precludes insurers from requiring genetic information for eligibility for health insurance in the individual market; and prohibits the use of genetic information for the purpose of imposing any pre-existing condition exclusion. Measure failed.
Oklahoma	2010 State Bills: 2010 SB 2054	Health Insurance Nondiscrimination, Research Issues	This bill modifies the state Genetic Information Nondiscrimination in Insurance Act. Topics addressed by the modifications include definitions, discrimination in health insurance based on genetic information, and prohibitions for requesting and requiring genetic a genetic test with exceptions for research if conducted in compliance with the Common Rule and certain criteria are met. Approved by the Governor on 5/10/2010.
Florida	2010 State Bills: 2010 SB 2268	Employment Nondiscrimination	This bill prohibits appointments, terminations, assignments, and maintenance of status, compensation, privileges and other terms and conditions of employment in the state personnel system based on genetic information. Measure failed.
Kansas	2010 State Bills: 2010 SB 390	Health Insurance Nondiscrimination	As described in the supplemental bill note, this bill establishes additional restrictions on insurance companies that require larger premiums for coverage based on obtaining a genetic test or the results of a genetic test, or that adjust premiums based on obtaining a genetic test or the results of a genetic test. The bill also specifies that the genetic testing provisions in law would apply to group policies and certificates of coverage or individual policies that provide hospital, medical or surgical expense benefits. As of May 2010, the last action was on March 18, 2010 when a hearing was held.
Georgia	2010 State Bills: 2010 SB 408	Health Insurance Nondiscrimination	This bill prohibits a health group cooperative from excluding a small employer based on a health status-related factor, including genetic information in relation to an employee or dependent of an employee. Measure failed.
Iowa	2010 State Bills: 2010 SF 2068	Health Insurance Nondiscrimination, Privacy Issues, Research Issues	This bill prohibits health insurers from discriminating based on genetic information or tests. Authorization is required to obtain genetic information or samples. Consent requirements are established to collect, retain, transmit or use genetic information. Exceptions under consent requirements include medical or scientific research and eduction and for use in medical repositories and registries if it does not contain personally identifiable information. Health insurers may not release genetic information without prior written authorization. Exceptions for release requirements include (1) if an individual is participating in research settings, including those governed by the federal policy for the protection of human subjects, and (2) tests conducted purely for research. Last action was on January 21, 2010 when the bill was sent to Subcommittee, Jochum, Hatch, and Seymour.
Iowa	2010 State Bills: 2010 SF 2215	Health Insurance Nondiscrimination, Privacy Issues, Research Issues	This bill prohibits health insurers from discriminating based on genetic information or tests. Authorization is required to obtain genetic information or samples. Consent requirements are established to collect, retain, transmit or use genetic information. Exceptions under consent requirements include medical or scientific research and eduction and for use in medical repositories and registries if it does not contain personally identifiable information. Health insurers may not release genetic information without prior written authorization. Exceptions for release requirements include (1) if an individual is participating in research settings, including those governed by the federal policy for the protection of human subjects, and (2) tests conducted purely for research. Signed by the Governor April 23, 2010.
Illinois	State Statutes: 215 ILCS 5/356v	Health Insurance Nondiscrimination	An insurer must comply with the provisions of the Genetic Information Privacy Act in connection with the amendment, delivery, issuance, or renewal of, or claims for or denial of coverage under, an individual or group policy of accident and health insurance. Genetic information may not be treated as a pre-existing condition in the absence of a diagnosis of the condition under the Illinois Health Insurance Portability and Accountability Act.
Illinois	State Statutes: 215 ILCS 97/20 and 97/25	Health Insurance Nondiscrimination	A group health plan and a health insurance issuer offering group health insurance coverage may not impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis or establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information.
Illinois	State Statutes: 410 ILCS 513/1 et seq.	Employment Nondiscrimination, Health Insurance Nondiscrimination, Privacy Issues	Genetic information may only be released to the individual tested and to other authorized persons with a few exceptions. An insurer may not seek information derived from genetic testing for use in connection with a policy of accident and health insurance, and an insurer that receives this information may not use it for non-therapeutic purposes unless the favorable results of a genetic test are voluntarily submitted. An employer, employment agency, labor organization, and licensing agency must treat genetic testing and genetic information in a manner that is consistent with federal law, including but not limited to the Genetic Information Nondiscrimination Act of 2008. Prohibited actions by employers, employment agencies and labor organizations are specified. No person may disclose the identity of any person upon whom a genetic test is performed or the results of a genetic test in a manner that permits identification of the subject of the test with some exceptions.
Arizona	State Statutes: ARS §12-2801 et seq.	Privacy Issues, Research Issues	Information derived from genetic testing my only be released to the person tested or others with written authorization from the person tested with some exceptions, including but not limited to (1) a researcher for medical research and public health purposes, only if the research is conducted pursuant to applicable federal or state laws and regulations, (2) if the identity of the individual providing the sample is not disclosed to the person collecting and conducting research; or (3) a third person if approved by a human subjects review committee or human ethics committee, with respect to persons who are subject to a state cancer registry. The law also places restrictions on disclosure or compelling disclosure, requires consent from a parent or legal guardian of a minor to conduct genetic testing other than newborn screening, and requires written informed consent for genetic testing by health care providers with some exceptions.
Arizona	State Statutes: ARS §20-1379	Health Insurance Nondiscrimination	Genetic information is a health status-related factor that may not be used as the basis for denial of coverage or as the basis for a pre-existing condition exclusion in the absence of a diagnosis in the individual health insurance market.
Arizona	State Statutes: ARS §20-2301 et seq. §36-2912	Health Insurance Nondiscrimination	Accountable health plans and health benefit plans offered by the administration for the healthcare group program may not (1) deny, limit or condition coverage or benefits based on health status-related factors, including genetic information or (2) impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis.
Arizona	State Statutes: ARS §20-448	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	Life and disability insurers (disability insurance is defined in the statutes to include health insurers) may not refuse to consider an application on the basis of a genetic condition. Information about a genetic condition may not be used for underwriting or ratemaking of life and disability insurance policies unless supported by the applicants medical condition, medical history and either claims experience or actuarial projections. In the case of disability insurance the use of information about a genetic condition for underwriting or ratemaking purposes constitutes unfair discrimination in the absence of a diagnosis.
Arizona	State Statutes: ARS §20-448.02	Privacy Issues	A person may not require or perform a genetic test without written informed consent. Genetic test results may not be disclosed without the consent of the subject.
Arizona	State Statutes: ARS §41-1463	Employment Nondiscrimination	Employers may not discriminate against an individual based on genetic test results, notwithstanding professionally developed ability tests that are not designed to discriminate because of race, color, religion, sex or national origin.
Alaska	State Statutes: AS §18.13.010-100	Privacy Issues	This statute provides protections for the privacy of DNA samples and the results of DNA analysis. DNA samples and the results of DNA analysis are the exclusive property of the person sampled or analyzed. Samples collected and analyses conducted for the DNA registry, law enforcement purposes, paternity testing, newborn screening, and emergency medical treatment are exempt. The statute sets forth civi and criminal penalties for violations of the law.
Alaska	State Statutes: AS §21.36.093	Health Insurance Nondiscrimination	Health care insurers offering individual or group plans must comply with the genetic information nondiscrimination requirements established under 42 USC 300gg-53, or 42 U.S.C. 300gg-1(b)(3), 42 U.S.C. 300gg-1(c) - (f), and 42 U.S.C. 300gg-91, respectively.
Alaska	State Statutes: AS §21.54.100 et seq.	Health Insurance Nondiscrimination	Health care insurers in the group market may not establish rules for eligibility or continued eligibility based on genetic information or impose preexisting condition exclusions based on genetic information in the absence of a diagnosis.
Arkansas	State Statutes: Ark. Code §11-5-401 et seq.	Employment Nondiscrimination	Employers may not seek to obtain, use or require a genetic test or genetic information to distinguish between or discriminate against persons applicants or employees. Criminal and civil penalties are set forth for violations.
Arkansas	State Statutes: Ark. Code §20-35-101 et seq.	Privacy Issues, Research Issues	No individual records of subjects in genetic research studies approved by an institutional review board or conducted subject to the requirements of the federal common rule may be subpoenaed or subject to discovery in civil suits except in cases where the information in the records is the basis of the suit. These records may not be disclosed to an insurer or employer without the informed written consent of the subject. Stored tissues, including blood, that arise from surgery or other diagnostic and therapeutic steps may be disclosed for genetic or other research studies if the patients name or social security number is not attached to or included with the specimen. Identifying information may be disclosed with the informed written consent of the individual. Published results may not identify a subject unless the individual has provided specific informed consent.
Arkansas	State Statutes: Ark. Code §23-66-320	Health Insurance Nondiscrimination	Insurers except those offering life, disability income and long-term care plans may not request or require an individual or family member to obtain a genetic test for the purpose of determining eligibility, establishing premiums, limiting, renewing or terminating coverage, or another other underwriting activity or condition a policy on an individual taking a genetic test.
Arkansas	State Statutes: Ark. Code §23-86-304 et seq.	Health Insurance Nondiscrimination	Preexisting condition exclusions may not be based on genetic information in the absence of a diagnosis. Insurers issuing group health plans may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information.
Colorado	State Statutes: CRS §10-16-02	Health Insurance Nondiscrimination	Health-status related factor is defined to include genetic information in Title 10 Article 16, which pertains to health care coverage.
Colorado	State Statutes: CRS §10-3-1104.6	Health Insurance Nondiscrimination, Privacy Issues, Research Issues	Genetic information the property of the individual, and written consent is required for its disclosure other than for diagnosis, treatment or therapy. Health care entities may not retain or use genetic information for non-therapeutic purposes or request or require a genetic test; however, test results may be used on a limited basis to make payment decisions. Exceptions under the law include the use of genetic information for scientific research if the identity of the individual to whom the genetic information pertains is not disclosed to a third party other than the individuals physician with written consent. The law provides remedies for individuals whose rights are violated.
Colorado	State Statutes: CRS §10-3-1104.7	Other Lines of Insurance Nondiscrimination, Privacy Issues, Research Issues	Genetic information is the property of the individual to whom it pertains. Release of genetic information that identifies the person tested for purposes other than diagnosis, treatment and therapy requires specific written consent. Exemptions under the law include some uses by research facilities. Researchers may use genetic testing information for scientific research as long as the identity of any individual to whom the information pertains is not disclosed to any third party except that the individuals identity may be disclosed to the individuals physician with written consent. Group disability or long-term care insurers that receive genetic information may not seek, use or keep the information for any non-therapeutic or underwriting purpose. Life insurers and individual disability insurers may not perform a genetic test without informed consent. Penalties are set forth for unfair trade practices with respect to group disability and long-term care insurance.
California	State Statutes: Cal. Civil Code §56.17	Health Insurance Nondiscrimination	A person who negligently or willfully discloses genetic test results in an individuals medical records who is applying for or enrolled in a health care service plan, except with written authorization in the format specified, is subject to fines as set forth in the statutes.
California	State Statutes: Cal. Civil Code §56.265	Other Lines of Insurance Nondiscrimination	A person who underwrites or sells an annuity contract or contracts insuring, guaranteeing, or indemnifying against loss, harm, damage, illness, disability, or death, and any affiliate of that person or entity, shall not disclose individually identifiable information concerning the medical or genetic history of a customer for use with regard to granting credit.
California	State Statutes: Cal. Government Code §§12926 and 12940	Employment Nondiscrimination	It is an unlawful employment practice, unless based on a bonafide occupational qualification, to subject any employee, applicant or other person to a test for the presence of a genetic characteristic.
California	State Statutes: Cal. Health and Safety Code §1358.24 and Insurance Code §10192.24	Health Insurance Nondiscrimination	An issuer of a Medicare supplement contract must adhere to the requirements imposed by the federal Genetic Information Nondiscrimination Act of 2008 (Public Law 110-233).
California	State Statutes: Cal. Health and Safety Code §1374.7 Insurance Code §10123.3 et seq. and §742.405 et seq.	Health Insurance Nondiscrimination	Health care service plans, self-insured employee welfare benefit plans, and multiple employer welfare arrangements may not refuse to enroll any person, refuse to accept or renew a subscriber, charge a higher rate, or offer different terms, conditions or benefits on the basis of genetic characteristics that may be associated with disability in that person or that persons offspring. A plan may not seek information about genetic characteristics for non-therapeutic purposes. Specific penalties are set forth for violations by self-insured employee welfare benefit plans and multiple employer welfare arrangements.
California	State Statutes: Cal. Health and Safety Code §1399.804 and Insurance Code §10902.1	Health Insurance Nondiscrimination	Health care service plans and carriers, agents or brokers offering health benefit plans to individuals or solicitors may not encourage or direct federally eligible defined individuals to refrain from an application for coverage because of genetic information. Plans, agents or brokers may not enter into any contract, agreement or arrangement with a solicitor that provides for or results in the compensation paid to a solicitor for the sale of a health care service plan contract or health benefit plan design to be varied because of genetic information.
California	State Statutes: Cal. Health and Safety Code §§1357.03 and 1357.52 Insurance Code §§10198.9 and 10705	Health Insurance Nondiscrimination	Small group health policies or contracts may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information. Except in the case of a late enrollee or for satisfaction of a preexisting condition clause these plans as well as disability insurers providing coverage for health care services may not exclude any eligible employee or dependent based on genetic information.
California	State Statutes: Cal. Insurance Code §10140 et seq.	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	Disability insurers covering hospital, medical and surgical expenses may not fail or refuse to accept an application, fail or refuse to issue insurance, cancel or refuse to renew insurance, charge a higher rate or premium, offer or provide different terms, conditions or benefits, or place a limitation on coverage based on genetic characteristics that may be associated with disability in a person of that persons offspring. These insurers also may not seek information about a persons genetic characteristics for non-therapeutic purposes. Specific penalties are set forth for violations. Life and disability insurers may not discriminate based solely on the fact that the person to be insured carries a gene that may be associated with disability in that person or the persons offspring, but which causes no adverse effects in the carrier, including but not limited to Tay-Sachs trait, sickle cell trait, thalassemia trait, and X-linked hemophilia trait.
California	State Statutes: Cal. Insurance Code §10146 et seq.	Other Lines of Insurance Nondiscrimination	Tests for genetic characteristics may not be required to determine insurability for life and disability income insurance except for policies contingent on review or testing for other diseases and conditions and only with informed consent. Policies may only limit benefits otherwise payable if loss is caused or contributed to by the presence or absence of genetic characteristics if the insurer imposes limitations for other medical conditions that present an increased risk. A life or disability income insurer may not request a genetic test to determine eligibility for hospital, medical or surgical insurance coverage or coverage under a nonprofit hospital service or health care service plan. The statutes set forth civil and criminal penalties for violations.
Alabama	State Statutes: Code of Ala. §27-5-13	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	Health and disability insurers may not deny applicants insurance coverage because of a diagnosis of sickle cell anemia.
Alabama	State Statutes: Code of Ala. §27-53-1 et seq.	Health Insurance Nondiscrimination	Health benefit plans, including the Alabama Medicaid Agency, may not require a genetic test to determine if a person has a predisposition to cancer as a condition of insurability or use the results of such a test to determine insurability or discriminate with respect to rates or benefits. The statutes set forth penalties for insurance companies or health maintenance organizations that violate the law.
Virginia	State Statutes: Code of Va. §38.2-3431	Health Insurance Nondiscrimination	In the statutes pertaining to group health plans, health status-related factors are defined to include genetic information, and pre-existing condition exclusion may not be based on genetic information in the absence of a diagnosis.
Virginia	State Statutes: Code of Va. §40.1-28.7:1	Employment Nondiscrimination	An employer may not request, require, solicit or administer a genetic test as a condition of employment or refuse to hire, fail to promote, discharge or otherwise adversely affect any terms or conditions of employment of any employee or prospective employee solely on the basis of a genetic characteristic or the results of a genetic test, regardless of how the employer obtained such information or results. An employee may bring an action in a court of competent jurisdiction over an employer who took adverse action against the employee.
Virginia	State Statutes: Code of Va. §§ 38.2-508.4 and 38.2-613	Health Insurance Nondiscrimination	A person proposing to issue, re-issue, or renew accident and sickness insurance, excluding disability income insurance, issued by any insurer providing hospital, medical and surgical or major medical coverage on an expense incurred basis, a corporation providing a health services plan, or an HMO providing a health care plan may not on the basis of any genetic information or a request for genetic services (1) terminate, restrict, limit, or otherwise apply conditions to coverage of an individual or restrict the sale to an individual, (2) cancel or refuse to renew the coverage of an individual, (3) exclude an individual from coverage, (4) impose a waiting period, (5) require inclusion of a rider that excludes coverage for certain benefits and services, (6) establish differentials in premium rates for coverage, or (7) disclose any genetic information about an individual or his/her family member collected or received in connection with any insurance transaction unless the disclosure is made with the written authorization of the individual.
District of Columbia	State Statutes: DC Official Code §2-1401.01 et seq.	Employment Nondiscrimination, Health Insurance Nondiscrimination	Employers, employment agencies and labor organizations may not discriminate based on genetic information with some exceptions such as to investigate a workers' compensation claim. A health benefit plan or health insurer may not establish rules for the eligibility or adjust premium or contribution amounts for an individual on the basis of genetic information concerning the individual or his/her family member, including information about a request for or receipt of genetic services by an individual or the individual's family member. Health insurers also may not require or request a genetic test.
Delaware	State Statutes: Del. Code 16 §1220 et seq.	Privacy Issues, Research Issues	Informed consent is required to obtain or retain genetic information about an individual. Exemptions include anonymous research where the identity of the subject will not be released. A sample from which genetic information has been obtained must be promptly destroyed with certain exceptions, including retention for anonymous research. An individual may inspect, request correction of and obtain genetic information from the records of that individual. The law sets forth civil penalties for violations.
Delaware	State Statutes: Del. Code 18 §2317	Health Insurance Nondiscrimination	Discrimination is prohibited in the issuance, denial or renewal of or in the fixing of the rates, terms or conditions for health insurance, excluding disability or long-term care insurance. The law provides for a cause of action in the nature of defamation, invasion of privacy or negligence with some exceptions.
Delaware	State Statutes: Del. Code 18 §§3572 3602 and 7202	Health Insurance Nondiscrimination	A health status-related factor is defined to include genetic information with respect to large group health plans, individual health plans and small employer health insurance.
Delaware	State Statutes: Del. Code 19 §701-719	Employment Nondiscrimination	Employers, employment agencies, labor organization or joint labor-management committee controlling apprenticeships or other training may not discriminate based on genetic information. These entities may admit or employ any individual on the basis of genetic information in those certain instances where genetic information is a bona fide occupational qualification reasonably necessary to the normal operation of that particular business or enterprise. Enforcement provisions, processes for civil action by the Attorney General or charging party, judicial remedies and civil penalties are established.
Florida	State Statutes: FS §448.075 et seq.	Employment Nondiscrimination	No person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity shall deny or refuse employment to any person or discharge any person from employment solely because such person has the sickle-cell trait. These entities also may not require screening or testing for the sickle-cell trait as a condition for employment.
Florida	State Statutes: FS §626.9706 et seq.	Other Lines of Insurance Nondiscrimination	Insurers may not refuse to issue or deliver any policy of life insurance or disability insurance that affords certain services and benefits or impose a higher premium rate or charge for those policies solely because the person to be insured has the sickle-cell trait.
Florida	State Statutes: FS §627.6561 et seq.	Health Insurance Nondiscrimination	An insurer that offers a group health insurance policy may not establish rules for eligibility or continued eligibility based on certain health status-related factors, including genetic information or use genetic information in the absence of a diagnosis as the basis for a pre-existing condition exclusion.
Florida	State Statutes: FS §641.31071 et seq.	Health Insurance Nondiscrimination	Health care service programs may not treat genetic information as a preexisting condition in the absence of a diagnosis. A health maintenance organization that offers group health insurance coverage may not establish rules for eligibility or continued eligibility of an individual to enroll under the terms of the contract based on certain health status-related factors, including genetic information.
Florida	State Statutes: FS §760.40	Privacy Issues	Informed consent is required to perform DNA analysis. The results of DNA analysis, whether held by a public or private entity, are the exclusive property of the person tested, are confidential, and may not be disclosed without the consent of the person tested with some exceptions such as criminal investigations. A person who performs DNA analysis or receives records, results, or findings of DNA analysis must provide the person tested with notice that the analysis was performed or that the information was received.
Florida	State Statutes: FS §§627.4301 636.0201 and 641.438	Health Insurance Nondiscrimination	Insurers offering health insurance, a self-insured plan, a multiple employer welfare arrangement, a prepaid limited health service organization, a health maintenance organization, a prepaid health clinic, a fraternal benefit society or any health care arrangement where risk is assumed may not cancel, limit, or deny coverage or establish differentials in premium rates based on genetic information in the absence of a diagnosis. Health insurers may not require or solicit genetic information, use genetic test results, or consider a person's decisions or actions relating to genetic testing for any insurance purpose. The law does not apply to a life insurance policy, disability income policy, long-term care policy, accident-only policy, hospital indemnity or fixed indemnity policy, dental policy, or vision policy.
Connecticut	State Statutes: GSC 38a §476 and 38a §816	Health Insurance Nondiscrimination	An insurance company, hospital service corporation, health care center or fraternal benefit society providing individual or group health insurance coverage may not refuse to insure, continue to insure, limit coverage, or charge an individual a different rate because of genetic information. In this type of coverage and all health insurance plans pre-existing condition exclusions may not be based on genetic information in the absence of a diagnosis.
Connecticut	State Statutes: GSC 38a §999	Privacy Issues	An insurance institution, agent or insurance support organization that collects, uses or discloses medical record information must have written policies, standards and procedures for the management, transfer and security of medical record information, including additional protection against unauthorized disclosure of sensitive health information such as information regarding genetic testing and the fact that an individual has undergone a genetic test.
Connecticut	State Statutes: GSC 46a §60	Employment Nondiscrimination	It is a discriminatory practice for an employer, an employment agency, or for any labor organization to request or require genetic information from an employee, a person seeking employment or a member. These entities may not discharge, expel or otherwise discriminate against any person on the basis of genetic information.
Hawaii	State Statutes: HRS §378-1 et seq.	Employment Nondiscrimination	Employers may not discriminate against any individual because of being regarded as having an impairment, which includes employer consideration of (1) an individual's genetic information, (2) genetic information of any family member of an individual, or (3) the individual's refusal to submit to a genetic test as a condition of initial or continued employment. The statutes also contain provisions pertaining to employment agencies and labor organizations.
Hawaii	State Statutes: HRS §§431:10A-118 431:10A-404.5 432:1-607 432:2-404.5 and 432D-26	Health Insurance Nondiscrimination	No insurer providing accident and health or sickness insurance coverage or extended health insurance coverage, mutual benefit society, fraternal benefit society, or health maintenance organization may use an individual's or a family member's genetic information or a request for genetic services to (1) deny or limit any coverage or (2) establish eligibility, continuation, enrollment, or premium payment. These entities may not request or require collection or disclosure of genetic information of an individual or family member or disclose genetic information without written consent.
Indiana	State Statutes: IC §16-39-5-2	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	An insurer (except a life insurance company) may not obtain genetic screening or testing results without a separate written consent from an individual, but these entities are not liable for inadvertent receipt of results without consent.
Indiana	State Statutes: IC §27-4-1-4 and §27-8-26-1 et seq.	Health Insurance Nondiscrimination	Every accident and sickness policy, contract through which an HMO furnishes health care, government self-insured health care plan, and employee welfare benefit plan may not (1) require a genetic screening or testing; (2) consider screening or testing information in a manner adverse to member, applicant or their family members; (3) inquire about genetic screening or test results, use or base a decision on such information to cancel, refuse to issue, renew or enter into a contract, limit benefits, or charge higher premiums under health care services coverage; or (4) make an adverse decision about applicants or their family based genetic testing or screening results in medical records or other reports. An insurer may consider voluntarily submitted genetic test results if they are favorable. A violation of the law is an unfair method of competition deceptive act and practice in the business of insurance.
Idaho	State Statutes: IC §39-8301 et seq.	Employment Nondiscrimination	An employer may not (1) access or otherwise take into account private genetic information, (2) request or require consent to a release of private genetic information, (3) request or require a genetic test, or (4) inquire about taking or refusal to take a genetic test in connection with a hiring, promotion, retention or other related decision. An exception is made under certain circumstances for an order compelling disclosure of private genetic information.
Idaho	State Statutes: IC §41-1313	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	With respect to disability insurance or any health benefit plan, no person may discriminate on the basis of a genetic test or private genetic information in the issuance of coverage or the fixing of rates, terms or conditions.
Iowa	State Statutes: IC §729.6	Employment Nondiscrimination	An employer, employment agency, labor organization, licensing agency, or its employees, agents, or members may not solicit, require or administer a genetic test as a condition of employment, application, membership or licensure or affect the terms, conditions, or privileges of employment, application, membership, or licensure, of a person who obtains a genetic test. A person may not sell or interpret genetic tests for the above entities except with informed written consent for the purpose of workers compensation or biomonitoring of workplace toxins. Agreements between parties regarding pay or benefit for taking a genetic test are prohibited. The law may be enforced through civil action.
Idaho	State Statutes: IC §§41-2221 41-3940 and 41-4708	Health Insurance Nondiscrimination	General managed care plans and health benefit plans covering large and small employers may not treat genetic information in the absence of a diagnosis as a pre-existing condition.
Iowa	State Statutes: IC §§507B.4 513B.9A and 513B.10	Health Insurance Nondiscrimination, Privacy Issues, Research Issues	Health insurers may not discriminate based on genetic information or tests. Authorization is required to obtain genetic information or samples. Consent requirements are established to collect, retain, transmit or use genetic information. Exceptions under consent requirements include medical or scientific research and eduction and for use in medical repositories and registries if it does not contain personally identifiable information. Health insurers may not release genetic information without prior written authorization. Exceptions for release requirements include (1) if an individual is participating in research settings, including those governed by the federal policy for the protection of human subjects, and (2) tests conducted purely for research. A carrier or organized delivery system offering group health insurance coverage may not establish rules for eligibility or continued eligibility based on a health status-related factors, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis.
Kentucky	State Statutes: KRS §304.12-085	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Privacy Issues	Individual or group health benefit plan or insurers may not (1) deny, cancel, or refuse to renew the benefits or coverage, or vary the premiums, terms, or conditions for the benefits or coverage, for any participant or beneficiary based on a genetic test for which symptoms have not manifested or a request or receipt of genetic services or (2) disclose any genetic test without prior authorization for each disclosure. A group or individual health benefit plan or insurer or a disability income insurer may not request or require the disclosure of any genetic test about a participant or beneficiary without prior written authorization for each disclosure.
Kentucky	State Statutes: KRS §304.17A-200 et seq.	Health Insurance Nondiscrimination	An insurer that offers health benefit plan coverage in the small group, large group, or association market may not establish rules for eligibility based on health status-related factors, including genetic information. Health insurers offering individual health benefit plan coverage may not impose a pre-existing conditions exclusion based on genetic information in the absence of a diagnosis.
Kansas	State Statutes: KS §§40-2209 40-2209p 40-2257 and 40-2259	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	The statutes restrict the use of genetic tests, information about whether an individual or family member has obtained a genetic test, and test results by a health insurance company, health maintenance organization, nonprofit medical and hospital, dental, optometric or pharmacy corporation, or a group subject to K.S.A. 12-2616 et seq. offering group policies and certificates of coverage or individual policies providing hospital, medical or surgical expense benefits. These entities may not require any individual, as a condition of enrollment or continued enrollment, higher premiums or contributions or than a similarly situated individual based on a genetic test or adjust premium or contribution amounts based on a genetic test. An accident or sickness insurer may not deny coverage based on a health status-related factors, including genetic information, and group policies providing hospital, medical or surgical expense benefits may not impose pre-existing condition exclusions based on genetic information in the absence of a diagnosis. The use of such information by an insurer writing life insurance, disability income insurance or long-term care insurance coverage also is restricted unless it is for the purpose of writing life insurance coverage. Life, disability income or long-term care insurers also may not provide for rates or any other aspect of coverage that is not reasonably related to the risk involved.
Kansas	State Statutes: KS §§44-1002 and 44-1009	Employment Nondiscrimination	An employer may not (1) seek to obtain, obtain or use genetic screening or testing information of an employee or a prospective employee to discriminate against an employee or a prospective employee or (2) subject any employee or prospective employee to any genetic screening or test.
Louisiana	State Statutes: LRS 22:1023 40:2210 and 22: 1097	Health Insurance Nondiscrimination, Privacy Issues, Research Issues	The statutes prohibit discrimination based on genetic information of an individual or family member or the request or receipt of genetic services by a hospital, health, or medical expense insurance policy, hospital or medical service contract, employee welfare benefit plan, health and accident insurance policy, preferred provide organization or any other insurance contract of this type. Other restrictions also are placed on these entities with respect to genetic information and testing. An insurer offering individual or group health insurance coverage may request a genetic test if the request is made in compliance with the Common Rule and other specified criteria are met. Exceptions under the law include anonymous research where the identity of the subjects will not be released. An insured or enrollees genetic information is the property of the individual to whom it pertains and may not be retained without authorization with some exceptions. Civil penalties for violations are set forth.
Louisiana	State Statutes: LRS 22:1061 and1063	Health Insurance Nondiscrimination	A group health plan, and a health insurance issuer offering group health insurance coverage may not use genetic information in the absence of a diagnosis as the basis for a pre-existing condition exclusion or establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information.
Louisiana	State Statutes: LRS 22:1964	Health Insurance Nondiscrimination	It is an unfair method of competition and deceptive act and practice in the business of insurance to discriminate against an insured, enrollee, or beneficiary in the issuance, payment of benefits, withholding of coverage, cancellation or nonrenewal of a policy, contract, plan, or program based upon the results of a genetic test or receipt of genetic information. Actions of an insurer or third parties dealing with an insurer taken in the ordinary course of business in connection with the sale, issuance or administration of a life, disability income, or long-term care insurance policy are exempt from the law.
Louisiana	State Statutes: LRS 23:302 23:352 and 23:368	Employment Nondiscrimination, Research Issues	An employer, labor organization, or employment agency may not (1) discriminate against any employee based on genetic information, (2) require, collect, purchase, or disclose genetic information or information about a request or receipt of genetic services with respect to an employee, or (3) maintain genetic information or information about a request for or the receipt of genetic services in general personnel files. Exceptions regarding disclosure include disclosure to an occupational or other health researcher if the research complies with Part 46 of Title 45 of the Code of Federal Regulations. Additional prohibitions apply to labor organizations with respect to membership and to employers, labor organizations and employment agencies with respect to training. Employers, employment agencies and labor organizations also may not discriminate because an individual has sickle cell trait.
Montana	State Statutes: MCA §33-18-206	Other Lines of Insurance Nondiscrimination	Unfair discrimination between individuals of the same class and equal expectation of life in any contract of life insurance or of life annuity is prohibited. Unfair discrimination between individuals of the same class and of essentially the same hazard for disability insurance is prohibited. An insurer may not refuse to consider an application for life or disability insurance on the basis of a genetic condition. The rejection of an application or the determining of rates, terms, or conditions of a life or disability insurance contract is permissible if the applicant's medical condition and history as well as either claims experience or actuarial projections establish that substantial differences in claims are likely to result from the genetic condition.
Montana	State Statutes: MCA §33-18-901 et seq.	Health Insurance Nondiscrimination, Research Issues	An insurer, health service corporation, health maintenance organization, fraternal benefit society, or other issuer of an individual or group policy or certificate of insurance may not discriminate based on a persons genetic traits. These entities also may not underwrite or condition coverage on a requirement or agreement to take a genetic test or on genetic information of an individual or his or her family member, and they may not seek genetic information for a purpose that is unrelated to assessing or managing ones health, inappropriate in an asymptomatic individual, or unrelated to research in which a subject is not personally identifiable. These entities may not require an individual to obtain a genetic test also with some exceptions. The law does not apply to life, disability income or long-term care insurance.
Montana	State Statutes: MCA §§33-22-514 and 33-22-526	Health Insurance Nondiscrimination	A group health plan or a health insurance issuer offering group health insurance coverage may not impose a pre-existing condition exclusion based on genetic information. A group health plan or a health insurance issuer offering group health insurance coverage may not establish rules for eligibility or continued eligibility of any individual to enroll under the terms of the group health plan based on health status-related factors, including genetic information.
Michigan	State Statutes: MCL §37.1201 et seq.	Employment Nondiscrimination	An employer may discriminate against an individual because of genetic information that is unrelated to the individual's ability to perform the duties of a particular job or position. An employer also may not require an individual to submit to a genetic test or provide genetic information as a condition of employment or promotion. An employee may voluntarily submit genetic information that is relevant to health and safety in the workplace, and an employer may use genetic information submitted for that purpose.
Michigan	State Statutes: MCL §3728a	Health Insurance Nondiscrimination, Privacy Issues	Insurers that provide Medicare supplement policies or certificates only may not deny or condition the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information. Insurers of these policies or certificates may not (1) discriminate with respect to pricing on the basis of genetic information, (2) request or require an individual or family member to undergo a genetic test (with an exception regarding requesting a test), or (3) use the manifestation of disease in an individual as genetic information about another group members and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met.
Michigan	State Statutes: MCL §§333.16221 333.17020 and 333.17520	Privacy Issues	A physician or individual to whom a physician has delegated authority must obtain informed written consent to order a pre-symptomatic or predictive genetic test. Required contents of the informed consent form are specified, and the department of community health with others must develop a model consent form, which, if used, bars the test subject from bringing any civil action for damages based on failure to obtain consent. The public health department may investigate activities thought to be in violation of the law and report its findings by to the appropriate disciplinary subcommittee.
Michigan	State Statutes: MCL §§500.3407b and 550.1401	Health Insurance Nondiscrimination	An expense-incurred hospital, medical, surgical policy or certificate or health care corporation may not require an insured or his or her dependent or an asymptomatic applicant or his or her asymptomatic dependent to undergo a genetic test or disclose whether a genetic test has been conducted, the results of a genetic test or genetic information. The law allows issuers of expense-incurred hospital, medical, or surgical policies or certificates to require an applicant to answer questions about family history.
Massachusetts	State Statutes: MGL 111 §70G	Other Lines of Insurance Nondiscrimination, Privacy Issues, Research Issues	Genetic information contained in reports or records held by hospitals, laboratories, physicians, insurance institutions and others named in the statute may not be divulged without informed written consent with some exceptions, which include in connection with life, disability, and long term care insurance, as allowable, or as confidential research information for use in epidemiological or clinical research conducted for the purpose of generating scientific knowledge about genes or learning about the genetic basis of disease or for developing pharmaceutical and other treatments of disease. Additional provisions concerning the performance of genetic tests apply to laboratories and other facilities. Organizations conducting pharmoco-economic studies in systematic research to determine the cost benefits of specific treatment for genetic based disease are exempt from the need to re-obtain informed consent. A person whose rights have been violated may bring a civil action.
Massachusetts	State Statutes: MGL 151B §1 et seq.	Employment Nondiscrimination	An employer may not discriminate against an individual in compensation or in terms, conditions or privileges of employment, unless based upon a bona fide occupational qualification, because of genetic information. The statutes include nondiscrimination provisions that apply to other entities, including but not limited to labor organizations and employment agencies. The Massachusetts Commission against discrimination investigates complaints of unfair discrimination based on genetic information.
Massachusetts	State Statutes: MGL 175 §108H 176A §3B 176B §5B 176G §24 176I §4A	Health Insurance Nondiscrimination	A health maintenance organization, company, insurance broker, medical service corporation, non-profit hospital service corporation or preferred provider organization may not cancel, refuse to issue or renew, or make any distinction or discrimination in the amount of payment of premium or rates charged, in the length of coverage or in any of the terms and conditions based on genetic information. These entities may not require genetic tests or private genetic information.
Massachusetts	State Statutes: MGL 175 §§108I and 120 E	Other Lines of Insurance Nondiscrimination	No insurer, agent or broker authorized to issue life insurance policies, policies against disability from injury or disease or policies for long-term care may not practice unfair discrimination because of the results of a genetic test or the provision of genetic information or require an applicant to undergo a genetic test as a condition of issuance or renewal of a policy. Unfair discrimination involves discriminatory practices against persons unless such action is based on reliable information relating to the insureds mortality or morbidity and based on sound actuarial principles or actual or reasonably anticipated claim experience. These insurers may ask if an applicant has taken a genetic test.
Massachusetts	State Statutes: MGL 176M §1 and 176J §1	Health Insurance Nondiscrimination	Genetic information may not be treated as a pre-existing condition in the absence of a diagnosis under the definitions for chapter 176M on nongroup health plans and 176J on small group health insurance.
Maine	State Statutes: MRS 22 §1711C	Privacy Issues, Research Issues	An individual's health care information, including information about individual cells or their components or genetic information, is confidential. Authorization is required to disclose this information other than to the individual by the health care practitioner or facility with some exceptions. The definition of health care information excludes information that protects the anonymity of the individual by means of encryption or encoding of individual identifiers or information pertaining to or derived from federally sponsored, authorized or regulated research governed by 21 Code of Federal Regulations, Parts 50 and 56 and 45 Code of Federal Regulations, Part 46, to the extent that such information is used in a manner that protects the identification of individuals.
Maine	State Statutes: MRS 24A § 2159-C and 24A § 6981	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Research Issues	A carrier that issues individual or group hospital, health or dental insurance and the Dirigo Health Self-administered Plan may not discriminate against an individual or eligible dependent on the basis of genetic information, the refusal to submit to a genetic test, refusal to make available the results of a genetic test, or based on the receipt of a genetic test or genetic counseling. A carrier may request, but not require, that an individual undergo a genetic test if the request is made pursuant to research that complies with the Common Rule and other specified criteria are met. Life, credit life, disability, long-term care, accidental injury, specified disease, hospital indemnity or credit accident insurers or an annuity may not discriminate unfairly, which includes the use of genetic test results in a manner that is not reasonably related to anticipated claims experience.
Maine	State Statutes: MRS 24A §2204	Privacy Issues	The Insurance Information and Privacy Protection Act defines health care information to include information about individual cells or their components or genetic information.
Maine	State Statutes: MRS 24A §2850 and 24A §2850-C	Health Insurance Nondiscrimination	An individual, group and blanket medical insurance contract subject to chapters 33 and 35 of Title 24A (with some exceptions) may not impose pre-existing condition exclusions based on genetic information in the absence of a diagnosis. Group medical insurance contracts subject to chapter 35 of Title 24A (with some exceptions) may not establish rules for eligibility of an individual to enroll or require an individual to pay a premium or contribution that is greater than that for a similarly situated individual, based on genetic information.
Maine	State Statutes: MRS 5 §§19301 and 19302	Employment Nondiscrimination	An employer may not fail or refuse to hire, discharge or otherwise discriminate against an employee or applicant for employment because of the individual's refusal to submit to a genetic test or refusal to provide the results of a genetic test, or based on the receipt of a genetic test or genetic counseling, except when based on a bona fide occupational qualification. The Maine Human Rights Commission has authority to enforce this provision.
Missouri	State Statutes: MRS §§375.1300 and 375.1303	Health Insurance Nondiscrimination	An insurer in making any underwriting decision may not (1) require or request a person or his/her blood relative to provide genetic information or take a genetic test, (2) inquire about a genetic test or what the results of any such test were unless given approval by that person, or (3) consider without the approval of such person the fact that genetic information or a genetic test was taken or refused by a person or blood relative of the person or the results of a test. A violation is an unfair trade practice. The law does not apply to any policy, contract or certificate of life insurance, reinsurance, disability income or long-term care coverage.
Missouri	State Statutes: MRS §§375.1300 and 375.1306.1	Employment Nondiscrimination	An employer may not use genetic information or genetic test results of an employee or prospective employee to distinguish between, discriminate against, or restrict any right or benefit otherwise due or available to such employee or prospective employee. Exceptions are provided for the underwriting of group life, disability income and long-term care insurance, actions required by law or regulation, action taken with written permission of an employee or prospective employee, and the use of genetic information when it is directly related to job performance and assigned responsibilities.
Missouri	State Statutes: MRS §§375.1300 and 375.1309	Privacy Issues, Research Issues	This section of the law is applicable to all insurance companies. A person who creates, stores, receives or furnishes genetic information must hold such information as confidential medical records and must obtain written authorization to disclose genetic information. Exceptions include statistical data compiled without reference to the identity of an individual, health research conducted in accordance with the provisions of the federal Common Rule, and health research using medical archives or databases in which the identity of individuals is protected from disclosure by coding or encryption, or by removing all identities. The director of insurance has the authority to enforce these provisions.
Missouri	State Statutes: MRS §§376.450 376.451 379.930 and 379.940	Health Insurance Nondiscrimination	A health insurance issuer offering group health insurance coverage may not establish rules for eligibility or continued eligibility of any individual to enroll under the terms of the group health plan based on health status-related factors, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. A small employer carrier may apply reasonable criteria in determining whether to accept a small employer into a class of business, provided that the criteria are not based on a health status-related factor, including genetic information.
Minnesota	State Statutes: MS §13.386	Privacy Issues	Genetic information may be collected by a government entity or any other person only with written informed consent, used only for the purposes stated in the consent, be stored only for the duration consented, and disseminated only with an individuals consent. Consent to allow dissemination is only valid for one year or a lesser period if specified in the consent.
Minnesota	State Statutes: MS §181.974	Employment Nondiscrimination	Employers or employment agencies may not administer a genetic test or request, require, or collect protected genetic information as a condition of employment or affect the terms or conditions of employment or terminate the employment of any person based on protected genetic information. A person may not provide or interpret genetic information on a current or prospective employee for an employer or employment agency. An aggrieved person may bring a civil action.
Minnesota	State Statutes: MS §62A.31	Health Insurance Nondiscrimination, Research Issues	An issuer of a Medicare supplement policies or certificates may not deny or condition the issuance or effectiveness of insurance, including pre-existing condition exclusions, on the basis of genetic information. These entities also may not discriminate with respect to pricing on the basis of genetic information; request or require an individual or family member to undergo a genetic test; or use the manifestation of disease in an individual as genetic information about another group member and to further increase premiums for the group. Insurers may request a genetic test from an individual or family member only if the request is pursuant to research that applies to the Common Rule and other criteria are met.
Minnesota	State Statutes: MS §72A.139	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	A health plan company in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision may not (1) require or request an individual or his or her blood relative to take a genetic test, (2) make any inquiry about a genetic test or what the results of any such test were, or (3) take into consideration the fact that a genetic test was taken or refused or the results of such a test. A life insurance company or fraternal benefit society requiring a genetic test for the purpose of determining insurability for life insurance must obtain informed written consent. A violation is subject to the investigative and enforcement authority of the insurance commissioner.
Maryland	State Statutes: Md. Insurance Code §18-120	Other Lines of Insurance Nondiscrimination	Long-term care insurers may not request or require a genetic test to deny or limit the amount, extent, or kind of coverage available; charge a different rate for the same coverage; or use a genetic test, the results of a genetic test, genetic information or a request for genetic services to deny or limit the amount, extent, or kind of coverage available or charge a different rate for the same insurance except that the results of a genetic test may be used for these purposes based on sound actuarial principles.
Maryland	State Statutes: Md. Insurance Code §27-208	Other Lines of Insurance Nondiscrimination	Unless there is actuarial justification, an insurer may not refuse to insure or make or allow a differential in ratings, premium payments, or dividends in connection with life insurance and annuity contracts because the applicant or policyholder has the sickle-cell trait, thalassemia-minor trait, hemoglobin C trait, Tay-Sachs trait, or a genetic trait that is harmless in itself.
Maryland	State Statutes: Md. Insurance Code §27-909 and Md. Health-General Code §19-706	Health Insurance Nondiscrimination, Research Issues	An insurer, nonprofit health service plan, or health maintenance organization, which does not include life insurance policies, annuity contracts, long-term care insurance policies, or disability insurance policies, may not (1) use a genetic test, the results of a genetic test, genetic information, or a request for genetic services to affect a health insurance policy or contract, (2) request or require a genetic test, the results of a genetic test, or genetic information for certain purposes, or (3) release identifiable genetic information or the results of a genetic test except for internal business and to a participating health care provider without prior written authorization. Disclosure of identifiable genetic information to an employee or authorized health care provider may only be for the purpose of providing medical care to patients or conducting research approved by an institutional review board established in accordance with federal law. The insurance commissioner has the authority to issue orders where a violation is found.
Maryland	State Statutes: Md. Insurance Code §§15-1201 15-1301 and 15-1401	Health Insurance Nondiscrimination	Health status-related factors, including genetic information may not be used to cancel or refuse to renew a small employer group plan or individual health plans or to establish rules for eligibility or to charge higher premiums than similarly situated individuals in a group health plan.
Maryland	State Statutes: Md. State Government Code §20-601 et seq.	Employment Nondiscrimination	An employer may not (1) discriminate against any individual because of genetic information or because of an individuals refusal to submit to a genetic test or provide the results of a genetic test, (2) limit, segregate, or classify its employees or applicants because of genetic information or the individual's refusal to submit to a genetic test or provide the results of a genetic test, or (3) request or require a genetic test as a condition of hiring or determining benefits.
North Carolina	State Statutes: NCGA §58-58-25	Other Lines of Insurance Nondiscrimination	No insurance company may refuse to issue or deliver any policy of life insurance solely by reason of the fact that the person to be insured possesses sickle cell trait or hemoglobin C trait. A policy also may not carry a higher premium rate or charge by reason of the fact that the person to be insured possesses these traits.
North Carolina	State Statutes: NCGA §§58-3-215 58-51-45 58-51-95 58-65-70 58-68-30 and 58-68-35	Health Insurance Nondiscrimination	A health benefit plan, health maintenance organization or multiple employer welfare arrangement may not raise the premium or contribution rates paid for a group health benefit plan, refuse to issue or deliver a health benefit plan, or charge a higher premium rate or charge because of genetic information. Health benefit plans must comply with all applicable standards of the federal Genetic Information Nondiscrimination Act. Insurers providing accident and sickness policies or hospital, medical, or dental health service may not refuse to issue or deliver any policy that affords benefits or coverage for any medical treatment or service authorized or permitted by specified entities or carry a higher premium rate or charge by reason of the fact that the person to be insured possesses sickle cell trait or hemoglobin C trait. A group health insurer may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information, or treat genetic information as a pre-existing condition in the absence of a diagnosis. An individual health insurer may not increase an individual's renewal premium for continued health insurance coverage based on a health statusrelated factors, including genetic information.
North Carolina	State Statutes: NCGA §§95-28.1 and 95-28.1A	Employment Nondiscrimination	A person, firm, corporation, unincorporated association, state agency, unit of local government, or any public or private entity may not deny or refuse employment to or discharge any person or because of the person's having requested genetic testing or counseling services, on the basis of genetic information obtained concerning the person or a member of the person's family, or because the person possesses sickle cell trait or hemoglobin C trait.
North Dakota	State Statutes: NDCC §§26.1-36.3-01 26.1-36.3-06 and 26.1-36.4-03.1	Health Insurance Nondiscrimination	Health benefit plans covering small employers and group policies of hospital and medical insurance may not treat genetic information as a pre-existing condition in the absence of a diagnosis. A health status-related factor is defined to include genetic information in the chapter of the law pertaining to small employer employee health insurance.
New Hampshire	State Statutes: NHS 141-H:1 141-H:4 and 141:H-6	Health Insurance Nondiscrimination	A health insurer in connection with providing health insurance may not (1) require or request an individual or family member to undergo genetic testing, whether a test was taken or the results of the testing, (2) condition the provision of health insurance coverage or health care benefits on whether an individual or family member has undergone genetic testing or the results of the testing, or (3) consider in the determination of rates or any other aspect of health insurance coverage or benefits whether an individual or family member has undergone genetic testing or the results of the testing. The statutes establish a right to civil action by aggrieved individuals.
New Hampshire	State Statutes: NHS §141-H:1 141-H:2 and 141:H-6	Privacy Issues	No individual or his/her family member may be required to undergo genetic testing as a condition of doing business with another person. Genetic testing may not be performed on any individual or anywhere on any resident of the state based on bodily materials obtained within the state without prior written and informed consent with some exceptions. Additional provisions address disclosure of results. The statutes establish a right to civil action by aggrieved individuals.
New Hampshire	State Statutes: NHS §141-H:1 141-H:3 and 141:H-6	Employment Nondiscrimination	No employer, labor organization, employment agency, or licensing agency may (1) solicit, require or administer genetic testing, or (2) affect the terms, conditions, or privileges of, or terminate employment, membership, or licensure based on genetic testing. A person may not sell or provide to these entities any genetic testing relating to an existing or prospective employee, member or licensee unless for the purpose of workers compensation or biomonitoring of workplace toxins and with informed consent. The statutes establish a right to civil action by aggrieved individuals.
New Hampshire	State Statutes: NHS §§141-H:1 141-H:5 and 141:H-6	Other Lines of Insurance Nondiscrimination	A person in the business of providing life, disability income, or long-term care insurance who obtains information about genetic testing of an individual or a family member may not use that information in writing a type of insurance coverage other than life, disability income, or long-term care insurance. An aggrieved individual may bring a civil action.
New Hampshire	State Statutes: NHS §§420-G:6 and 420-G:7	Health Insurance Nondiscrimination	Health carriers may not establish rules of eligibility or continued eligibility for health coverage based on health status related factors of any employee or dependent, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis.
New Jersey	State Statutes: NJS § 17B:30-12	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	No person may discriminate against an individual based on genetic information or the refusal of a genetic test with respect to hospital confinement or other supplemental limited benefit insurance. No person may make or permit any unfair discrimination against an individual in the application of the results of a genetic test or genetic information with respect to life insurance, including credit life insurance, an annuity, disability income insurance contract or credit accident insurance coverage, and, if results of a genetic test as permitted by these entities, the insurer must notify the individual who is the subject of the test that it is required and obtain the individual's prior written informed consent. The insurance commissioner has the authority to enforce these provisions.
New Jersey	State Statutes: NJS §10:5-43 et seq.	Privacy Issues, Research Issues	A person may not (1) obtain genetic information from an individual or from an individual's DNA sample or (2) retain an individuals genetic information without prior informed consent with some exceptions, including for anonymous research where the identity of the subject will not be released. A DNA sample from an individual who is the subject of a research project must be destroyed promptly upon completion of the project or withdrawal of the individual from the project unless consent to retain the sample is provided. Additional provisions address retention and disclosure. The statutes set forth civil and criminal penalties for violations.
New Jersey	State Statutes: NJS §§10:5-5 and 10:5-12(a)	Employment Nondiscrimination	It is an unlawful employment practice to refuse to hire or employ or to bar or to discharge or require to retire from employment such individual or to discriminate against such individual in compensation or in terms, conditions or privileges of employment based on genetic information or because of the refusal to submit to a genetic test.
New Jersey	State Statutes: NJS §§17:48-6.18 17:48A-6.11 17:48E-15.2 17B-26-3.2 17B-27-36.2 and 26:2J-15.1	Health Insurance Nondiscrimination	Individual or group hospital service corporations and individual or group medical or health service corporations providing hospital or medical expense benefits, individual health insurance policies, group health insurance policies, and contracts for health care services may not exclude any person or eligible dependent or establish any rates or terms on the basis of any genetic characteristic.
New Jersey	State Statutes: NJS §§17B-27-54 17B-27-57 17B-27-64 17B:27A-2 and 17B:27A-17	Health Insurance Nondiscrimination	A group health plan may not establish rules for eligibility or continued eligibility based on health status-related factors, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. Health status-related factor also is defined to include genetic information applicable to sections 1 to 15 of chapter 17B:27A, and the definition of pre-existing condition excludes genetic information in the absence of a diagnosis under provisions applicable to small employer health benefit plans.
New Mexico	State Statutes: NMSA §24-21-1 et seq.	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination, Privacy Issues, Research Issues	The statutes contain provisions on the acquisition, collection, retention, transmission or use of genetic information. Consent requirements provide an exemption (1) if DNA, genetic information or results of genetic analysis are not identified with the person or person's family members or (2) for the purpose of medical or scientific research and education (including retention of gene products, genetic information or genetic analysis if the identity of the person or person's family members is not disclosed.) Discrimination by an insurer against a person or his/her family member based on genetic analysis, genetic information or genetic propensity is prohibited. Life, disability income or long-term care insurance are exempt if use is based on sound actuarial principles or related to actual or reasonably anticipated experience. Upon request a persons genetic information or samples must be promptly destroyed with some exceptions, including if retention is authorized under a research protocol approved by an institution review board pursuant to federal law. A person whose rights under the provisions of the Genetic Information Privacy Act have been violated may bring a civil action for damages or other relief.
New Mexico	State Statutes: NMSA §24-21-1 et seq.	Employment Nondiscrimination	It is unlawful for a person to use genetic information in employment or recruiting.
New Mexico	State Statutes: NMSA §§59A-23C-5.1 59A-23C-7.1 59A-23E-2 59A-23E-11 and 59A-56-14	Health Insurance Nondiscrimination	A health benefit plan that is offered by a carrier or an approved health plan offered to a small employer and plans subject to the Health Insurance Portability Act may not impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. A group health plan and a health insurance issuer offering group health insurance coverage may not establish rules for eligibility or continued eligibility based a health status-related factor, including genetic information. Under the Small Group Rate and Renewability Act, provisions allowing a carrier to use health status in establishing the amount an employer may be charged for coverage under a group health plan exclude genetic information from the definition of health status.
Nebraska	State Statutes: NRS §44-7 100	Health Insurance Nondiscrimination	Any hospital, medical, or surgical expense-incurred policy or certificate and self-funded employee benefit plan to the extent not preempted by federal law may not require a covered person or his or her dependent or an asymptomatic applicant for coverage or his or her asymptomatic dependent to undergo any genetic test before issuing, renewing, or continuing the policy or certificate. This does prohibit requiring an applicant for coverage to answer questions concerning family history.
Nebraska	State Statutes: NRS §44-787	Health Insurance Nondiscrimination	A health carrier that decides to discontinue offering a particular type of individual policy or contract in the state and offer another option of coverage must act uniformly without regard to health status-related factors related to any covered individual, including genetic information. A health carrier offering a network health plan must terminate coverage uniformly, as permitted, without regard to health status-related factors, including genetic information.
Nebraska	State Statutes: NRS §48-236	Employment Nondiscrimination	An employer may not discriminate against an employee or applicant because of genetic information that is unrelated to the ability to perform the duties of a particular job or position. An employer also may not require an employee or applicant to submit to a genetic test or to provide genetic information as a condition of employment or promotion. An employee may voluntarily submit genetic information that is related to heath and safety in the workplace.
Nevada	State Statutes: NRS §613.345	Employment Nondiscrimination	It is an unlawful employment practice for an employer, a labor organization or an employment agency to (1) ask or encourage a prospective or current employee or member of the labor organization to submit to a genetic test, (2) require or administer a genetic test to a person as a condition of employment or membership, or (3) deny, alter the terms, conditions or privileges of, or terminate employment or membership based on genetic information.
Nevada	State Statutes: NRS §629.101 et seq.	Privacy Issues, Research Issues	It is unlawful to obtain any genetic information of a person without informed consent with some exceptions, including for use in a study where the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study. It is unlawful to retain genetic information that identifies a person without first obtaining the informed consent with some exceptions. Except as otherwise provided, a person who obtains the genetic information for use in a study must destroy that information upon completion of the study or withdrawal of the person from the study. Criminal penalties and a right to civil action are established for violations.
Nebraska	State Statutes: NRS §71-551	Privacy Issues	A physician or an individual to whom the physician has delegated authority to perform a selected act, task, or function may not order a predictive genetic test without prior written informed consent and in the manner specified with some exceptions such as newborn screening. The health department must develop a model informed consent form that, if used, bars the person tested from bringing any civil action on the basis that consent was not obtained.
Nebraska	State Statutes: NRS §§44-5242.02 and 5246.02	Health Insurance Nondiscrimination	Under the Small Employer Health Insurance Availability Act, health status-related factor is defined to include genetic information and pre-existing condition is defined to exclude genetic information in the absence of a diagnosis.
Nebraska	State Statutes: NRS §§44-6910 et seq.	Health Insurance Nondiscrimination	A health benefit plan may not treat genetic information as a pre-existing condition in the absence of a diagnosis. A health carrier may not establish rules for eligibility and continued eligibility of any individual to enroll under the terms of the health benefit plan based on a health status-related factor, including genetic information.
Nevada	State Statutes: NRS §§689A.417 689A.545 689A.585 689B.420 689B.450 689B.550 689B.069 689C.076 689C.082 689C.193 689C.198 695B.317 659B.318 695C.207 and 695C.057	Health Insurance Nondiscrimination	A health maintenance organization, a carrier serving small employers, a corporation that provides health insurance, individual health insurers and group health insurers may not (1) require an insured person or family member to take a genetic test or disclose whether one has been taken or (2) determine the rates or any other aspect of the coverage or benefits based on genetic information or whether the insured person or member of his family has taken a genetic test. These entities may not establish rules of eligibility based on a health status-related factor, including genetic information, or impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. The provisions to not apply to any of the above entities in terms of the issuance of a policy of health insurance that provides coverage for long-term care or disability income.
Nebraska	State Statutes: NRS §§77-5518 5519 5534 and 5537	Employment Nondiscrimination	In order for a company to be eligible for the wage benefit credit or the investment tax credit under the Invest Nebraska Act, the company must file an application for an agreement with the board, which must contain a copy of the written policy of the company prohibiting the company, as required by law, from requiring as a condition of employment or promotion at the project that an employee or an individual applying for employment at the project submit to a genetic test or provide genetic information outside of the scope of normal blood testing.
New York	State Statutes: NYCL (CVR) 79-l	Privacy Issues, Research Issues	Prior informed consent is required to perform a genetic test. Further disclosures require additional consent. For medical research purposes and with approval from an institutional review board and consent, a biological sample may be retained for longer than 60 days and be used for scientific research. Samples may be used for research conducted in accordance with applicable law and regulation and pursuant to a research protocol approved by an institutional review board, if individuals who provided the samples have given prior informed consent for the use of the sample for general research purposes without restrictions, and the samples have been permanently stripped of identifying information or coded to protect the individuals identity. Upon request samples that have not already been used for research must be destroyed. Family members of a research participant may not be contacted without the consent of the individual. Additional provisions address confidentiality, the incorporation of information into medical records, disclosure and penalties for violations.
New York	State Statutes: NYCL (CVR) §48 et seq.	Employment Nondiscrimination	Unless it can be clearly shown that a person's unique genetic disorder, defined to include the sickle cell trait, carriers of Tay-Sachs, and carriers of Cooleys anemia only, would prevent a person from performing the particular job, no person who is otherwise qualified may be denied equal opportunities to obtain or maintain employment or to advance in position in his job solely because a person has a unique genetic disorder.
New York	State Statutes: NYCL (EXC) law §§292 and 296	Employment Nondiscrimination	An employer or labor organization may not discriminate against employees, applicants or members based on a predisposing genetic characteristic. An employer or employment agency may not print or circulate materials or use a form of application that discriminate based on a predisposing genetic characteristic. Additional provisions apply to employers, labor organizations, employment agencies, and licensing agencies. A genetic test may be required as a condition of employment if directly related to possible increased risk of disease in the work environment or, with informed consent, for workers compensation and to determine susceptibility to toxins found in the workplace environment.
New York	State Statutes: NYCL (ISC) §2615	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	No insurer may request or require an individual proposed for insurance coverage to submit to a genetic test without prior written informed consent. Further disclosures require additional consent. If an adverse underwriting decision is based on the results of a genetic test, the insurer must notify the individual. No insurer who lawfully possesses information derived from a genetic test on a biological sample may incorporate the information into the record of a non-consenting individual. Penalties for violations are set forth.
New York	State Statutes: NYCL (ISC) §§3221 3232 4305 and 4318	Health Insurance Nondiscrimination	Insurers or corporations delivering group or blanket health policies that provide hospital, surgical or medical expense coverage may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information. Individual and group or blanket health insurance policies or contracts may not impose pre-existing condition exclusions based on genetic information in the absence of a diagnosis.
Georgia	State Statutes: OCGA §§33-54-1 et seq.	Health Insurance Nondiscrimination, Privacy Issues, Research Issues	Genetic information is the property of the individual tested. Prior written authorization is required for genetic testing and release of results to anyone other than the person tested. A fraternal benefit society, a nonprofit medical service corporation, a health care corporation, a health maintenance corporation, or a self-insured health plan not subject to the exclusive jurisdiction of ERISA may not seek information derived from genetic testing, and if it is received, the information may not be used for any nontherapeutic purpose or be released without explicit written consent. Exceptions include scientific research facilities, which may conduct genetic testing and use information derived from testing for scientific research if the identity of any individual tested is not disclosed to any third party, except to an individual's physician with consent.
Ohio	State Statutes: ORC §§1751.64 and 1751.65	Health Insurance Nondiscrimination	A health insuring corporation may not (1) cancel or fail to renew the coverage because of any health status-related factor, including genetic information, (2) require an individual seeking coverage to submit to genetic screening or testing or taken into account or inquire about such testing, (3) make a decision adverse to the applicant based on entries in medical records or other reports of genetic screening or testing, or (4) cancel or refuse to issue or renew coverage for health care services based on the results of genetic screening or testing, or (6) limit benefits of an individual or group policy, contract, or agreement based on the results of genetic screening or testing. A violation of these provisions is an unfair and deceptive act or practice in the business of insurance. Further provisions apply upon the repeal of the current protections, which are in effect until February 9, 2014.
Ohio	State Statutes: ORC §§3901.21 3901.41 and 3901.501	Health Insurance Nondiscrimination	It is an unfair and deceptive act or practice in the business of insurance to engage in any underwriting standard or other practice that due solely to any health status-related factor, including genetic information, terminates or fails to renew an existing individual policy, contract, plan of health benefits, or a health benefit plan issued to an employer, for which an individual would otherwise be eligible, or, with respect to a health benefit plan issued to an employer, excludes or causes the exclusion of an individual from coverage under an existing employer-provided policy, contract, or plan of health benefits. Insurers issuing accident and sickness insurance or self-insurers may not consider information obtained from genetic screening or testing in processing an application or in determining insurability or inquire into the results of genetic screening or testing or use such information to cancel, refuse to issue or renew, or limit benefits. The superintendent of insurance has the authority to investigate violations of this provision.
Oregon	State Statutes: ORS §192.531 et seq.	Privacy Issues, Research Issues	The genetic privacy statutes define the rights of individuals whose genetic information is collected, retained or disclosed and the rights of the individuals blood relatives; define the circumstances under which an individual may be subjected to genetic testing; define the circumstances under which an individuals genetic information may be collected, retained or disclosed; protect against discrimination by an insurer or employer based upon an individuals genetic characteristics; and define the circumstances under which a DNA sample or genetic information may be used for research.
Oregon	State Statutes: ORS §743.730	Health Insurance Nondiscrimination	Health benefit plans that apply pre-existing condition exclusions may not do so based on genetic information in the absence of a diagnosis.
Oregon	State Statutes: ORS §746.135	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	If a person asks an applicant for insurance to take a genetic test in connection with an application for insurance, the use of the test must be revealed to the person tested and informed consent to conduct testing is required. Favorable genetic information may not be used to induce the purchase of insurance. Genetic information may not be used to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy for hospital or medical expenses, and the genetic information of a persons blood relative may not be used to reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms and conditions of or otherwise affect any policy of insurance.
Oregon	State Statutes: ORS §§659A.300 and 659A.303	Employment Nondiscrimination	It is an unlawful employment practice for an employer to seek to obtain, to obtain or to use genetic information of an employee or a prospective employee or their blood relatives to distinguish between or discriminate against or restrict any right or benefit otherwise due or available to an employee or a prospective employee. A person whose rights have been violated may bring a civil action.
Oklahoma	State Statutes: OS §36-3614.1	Health Insurance Nondiscrimination, Research Issues	Any individual, corporation, association, partnership, insurance support organization, fraternal benefit society, insurance producer, third-party administrator, self-insurer, or any other legal entity engaged in the business of insurance that issues accident and sickness insurance policies or administers a health insurance plan may not deny or condition the issuance or effectiveness of a policy on a pre-existing condition or genetic information. These entities also may not discriminate with respect to pricing a policy or certificate, including premiums, based on genetic information. A violation is an unfair and deceptive act or practice. An insurer also may not request or require a genetic test with an exception for research. An insurer may request a genetic test if the request is pursuant to research that complies with the Common Rule and other specified criteria are met.
Oklahoma	State Statutes: OS §36-3614.2	Employment Nondiscrimination	For purposes of distinguishing between or discriminating against or restricting any right or benefit otherwise due or available to an employee or prospective employee other than in connection with the determination of insurance coverage or benefits an employer may not (1) seek to obtain or use a genetic test or genetic information of the employee or the prospective employee, or (2) require a genetic test of or require genetic information from the employee or prospective employee.
Oklahoma	State Statutes: OS §36-3614.3	Privacy Issues	A person who maintains genetic information may not be compelled to disclose the information except under specified circumstances.
Oklahoma	State Statutes: OS §36-3614.4	Research Issues	The statutes related to research apply to genetic research studies approved by an institutional review board as defined in 21 CFR, § 50 or conducted subject to the requirements of the federal common rule at 21 CFR, § 50 and § 56, and 45 CFR, § 46. Research records are confidential and may not be disclosed to employers or health insurers without informed consent. The provision does not apply to an insurer or to an individual dealing with an insurer in the course of underwriting, conducting or administering life, disability income or long-term care insurance. Stored tissues, including blood, that arise from surgery, other diagnostic or therapeutic steps, or autopsy may be disclosed for genetic or other research studies with informed consent. Results of genetic research studies may be published if no individual subject is identified.
Oklahoma	State Statutes: OS §36-4502	Health Insurance Nondiscrimination	Group accident and sickness policies may not treat genetic information as a pre-existing condition or base eligibility or continued eligibility of any individual on health-status-related factors, including genetic information.
Pennsylvania	State Statutes: PS §601-B et seq.	Health Insurance Nondiscrimination	A foreign or domestic insurance company, association or exchange, health maintenance organization, hospital plan corporation, professional health services plan corporation, franternal benefit society or risk-assuming preferred provider organization must comply with certain federal acts, including the Genetic Information Nondiscrimination Act.
Washington	State Statutes: RCW §49.44.180	Employment Nondiscrimination	A person, firm, corporation, or the state of Washington, its political subdivisions, or municipal corporations may not require any employee or prospective employee to submit genetic information or submit to screening for genetic information as a condition of employment or continued employment.
Washington	State Statutes: RCW §70.02.010 et seq.	Privacy Issues, Research Issues	A health care provider, an individual who assists a health care provider in the delivery of health care, or an agent and employee of a health care provider may not disclose health care information, including a patient's deoxyribonucleic acid and identified sequence of chemical base pairs, about a patient to any other person without the patient's written authorization. A health care provider may disclose health care information to researchers if the health care provider or health care facility obtains the informed consent for the use of the patient's health care information for research purposes.
Rhode Island	State Statutes: RIGL §28-6.7-1 et seq.	Employment Nondiscrimination	An employer, employment agency, or licensing agency may not (1) request, require or administer a genetic test, (2) affect the terms, conditions, or privileges of or terminate employment or licensure of any person who obtains a genetic test, (3) take any other action affecting the terms, conditions or privileges of employment against an employee or a license holder based on the results of a genetic test or the refusal to take a genetic test, submit family history, or reveal whether the employee, applicant or holder has taken a genetic test, (4) otherwise use genetic information to adversely affect the employment, licensure, or application for employment or licensure of any individual, or (5) reveal genetic information about employees, licensees, or applicants. Penalties for violations are set forth.
Rhode Island	State Statutes: RIGL §§27-18-52 27-18-52.1 27-19-44 27-19-44.1 27-20-39 27-20-39.1 27-41-53 and 27-41-53.1	Health Insurance Nondiscrimination, Privacy Issues, Research Issues	Insurance administrators, health plans and providers of accident and sickness insurance, nonprofit hospital corporations, nonprofit medical service corporations, and HMOs are prohibited from releasing genetic information without prior written authorization. Individuals participating in research settings governed by the Federal Policy for the Protection of Human Research Subjects are exempt. Tests conducted purely for research are excluded from the requirements set forth, as are tests for somatic (as opposed to heritable) mutations, and testing for forensic purposes. An individual or group health insurance contract, plan or policy (excluding disability income, long term care and insurance supplemental policies) may not use a genetic test or genetic information or request for genetic tests or genetic information or the results of a genetic test for specified purposes, including for underwriting. Provisions pertaining to the release the results of a genetic test or genetic information do not apply to releases in a format whereby individual identifiers are removed, encrypted, or encoded so that the identity of the individual is not disclosed. Authorization is required for each re-disclosure except for participating in research settings governed by the Federal Policy for the Protection of Human Research Subjects.
Rhode Island	State Statutes: RIGL §§27-18.5-2 27-18.6-2 27-18.6-3 and 27-50-3	Health Insurance Nondiscrimination	In the statute sections pertaining to large group, individual health insurance and small employer health insurance a health status-related factor is defined to include genetic information, and pre-existing condition exclusions may not be based on genetic information the absence of a diagnosis.
South Carolina	State Statutes: SCCL §§38-41-45 38-71-670 38-71-840 38-71-860 and 38-74-10	Health Insurance Nondiscrimination	Group health insurers may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information or impose a pre-existing condition exclusion based on genetic information. The sections of the statutes pertaining to Individual health insurance and multiple employer self-insured health plans define health status-related factor to include genetic information. Genetic information may not be treated as a pre-existing condition in the absence of a diagnosis within the South Carolina health insurance pool.
South Carolina	State Statutes: SCCL §§8-93-10 et seq.	Health Insurance Nondiscrimination, Privacy Issues, Research Issues	An accident and health insurer providing hospital, medical and surgical, or major medical coverage on an expense incurred basis, providing a corporate health services plan, or providing a health care plan for health care services by a health maintenance organization may not (1) terminate, restrict, limit, or otherwise apply conditions to coverage or restrict the sale to an individual, (2) cancel or refuse to renew the coverage of an individual, (3) exclude an individual from coverage, (4) impose a waiting period, (5) require inclusion of a rider that excludes coverage for certain benefits and services, or (6) establish differential in premium rates for coverage based on genetic information or a request for genetic services. Additional provisions address disclosure and consent to perform testing. Consent is not required to perform testing for use in a study in which the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study. An aggrieved individual may bring civil action.
South Dakota	State Statutes: SDCL §§34-14-21 et seq.	Privacy Issues	Informed written consent consisting of the information specified in the statute is required prior to ordering a predictive genetic test. The person to be tested must receive a signed copy of the form, which also must be placed in the medical record. Tests performed per a court order or for a criminal investigation are exempt.
South Dakota	State Statutes: SDCL §§58-1-24 58-1-25 58-17-84 58-18-45 58-18-87 and 58-18B-27	Health Insurance Nondiscrimination	A health carrier may not require or request an individual or his/her blood relative to take a genetic test or consider the fact that a genetic test was refused in determining eligibility for coverage, establishing premiums, limiting coverage, renewing coverage, or any other underwriting decision in connection with the offer, sale, or renewal of health insurance. The insurance director may promulgate rules concerning genetic information and group health benefit plans. In individual, group and blanket health insurance plans, genetic information may not be treated as a pre-existing condition in the absence of a diagnosis. Small employer carriers may not establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information.
South Dakota	State Statutes: SDCL §§60-2-20 and 21	Employment Nondiscrimination	An employer may not to seek to obtain, obtain, or use genetic information of a current or prospective employee discriminate or restrict any right or benefit otherwise due or available to an employee or a prospective employee. A few exceptions are provided such as if the employer uses the test results for the limited purpose of taking disciplinary action against the employee based only on alleged misconduct. Any employee or prospective employee claiming to be aggrieved by an unlawful employment practice may bring a civil suit.
Tennessee	State Statutes: TC §56-7-2701 et seq.	Health Insurance Nondiscrimination	An insurance provider may not deny or cancel health insurance coverage or vary the premiums, terms, or conditions for health insurance coverage for an individual or his or her family member on the basis of a request or receipt of genetic services. An insurer may not request or require an individual to whom it provides health insurance coverage or an applicant to disclose to the insurer genetic information about the individual or family member of the individual. Life insurance, disability income, long-term care, accident only, hospital indemnity or fixed indemnity, dental or vision policies are exempt from the law.
Tennessee	State Statutes: TC §§56-7-2802 and 56-7-2804	Health Insurance Nondiscrimination	Under the Health Insurance Portability, Availability and Renewal Act group health plans and other issuing group health insurance coverage may not base rules for eligibility or continued eligibility on a health status-related factor, including genetic information.
Texas	State Statutes: TS (Insurance) Code §546.001 et seq.	Health Insurance Nondiscrimination, Privacy Issues, Research Issues	Individual and group health benefit plans that request an applicant for coverage to submit to a genetic test for a permissible purpose must notify the applicant that the test is required, disclose to the applicant the proposed use of the results, and obtain prior written informed consent. A health benefit plan issuer may not use genetic information or the refusal of an applicant to submit to a genetic test to reject, deny, limit, cancel, refuse to renew, increase the premiums for, or otherwise adversely affect eligibility for or coverage under the plan. Genetic material obtained from an individual for a genetic test must be destroyed promptly after the purpose for which it was obtained with some exceptions, including (1) authorized retention of the sample for medical treatment or scientific research or (2) if the sample was obtained for research that is cleared by an institutional review board, and retention of the sample is under a requirement the institutional review board imposes on a specific research project or authorized by the research participant with institutional review board approval under federal law. A health benefit plan issuer may redisclose genetic information without authorization for actuarial or research studies if the tested individual could not be identified in any actuarial or research report and any materials that identify a tested individual are returned or destroyed as soon as reasonably practicable.
Texas	State Statutes: TS (Insurance) Code §§846.01 and 1501.001 et seq.	Health Insurance Nondiscrimination	Pre-existing conditions and health status-related factors are defined to include genetic information with respect to multiple-employer welfare arrangements and the health insurance portability and accountability act.
Texas	State Statutes: TS (Labor) Code §21.401-405	Employment Nondiscrimination	It is an unlawful employment practice if an employer, labor organization, or employment agency discriminates against an individual on the basis of genetic information or refusal to submit to a genetic test. An employer, labor organization, or employment agency commits an unlawful employment practice if these entities limit, segregate, or classify an employee, member, or applicant in a way that would deprive or tend to deprive the employee, member, or applicant of employment opportunities or otherwise adversely affect the status of his or her status on the basis of genetic information or the refusal to submit to a genetic test.
Texas	State Statutes: TS (Labor) Code §301.156	Employment Nondiscrimination	The Texas Workforce Commission collects and reports on complaints of employment discrimination, including those related to the use of genetic information.
Texas	State Statutes: TS (Occupations) Code §58.001 et seq.	Employment Nondiscrimination, Privacy Issues, Research Issues	The statutes restrict the use and disclosure of genetic tests and the use of family history by a licensing authority. A sample obtained from an individual for a genetic test must be destroyed promptly after the purpose for which the sample was obtained with some exceptions, including (1) authorized retention of the sample for medical treatment or scientific research or (2) if the sample was obtained for research that is cleared by an institutional review board, and retention of the sample is under a requirement the institutional review board imposes on a specific research project or authorized by the research participant with institutional review board approval under federal law. Genetic information may not be disclosed without written authorization with some exceptions, including (1) if the disclosure is for information from a research study in which the procedure for obtaining informed written consent and the use of the information is governed by national standards for protecting participants involved in research projects, including guidelines issued under 21 C.F.R. Part 50 and 45 C.F.R. Part 46 and (2) the information does not identify a specific individual.
Utah	State Statutes: UC §26-45-101 et seq.	Employment Nondiscrimination, Health Insurance Nondiscrimination	An employer may not in connection with a hiring, promotion, retention, or other related decision access or (1) take into account genetic information, (2) request or require an individual to consent to release genetic information, (3) submit to a genetic test, or (4) inquire or take into account that an individual or blood relative of that person has taken a genetic test. An employer may compel disclosure of genetic information for specified reasons. A health care insurer may not in connection with the offer or renewal of an insurance product or in the determination of any underwriting decision access or otherwise (1) take into consideration private genetic information about an asymptomatic individual, (2) request or require an asymptomatic individual to consent to a release for the purpose of accessing private genetic information, (3) request or require an asymptomatic individual or his blood relative to submit to a genetic test, or (4) inquire into or otherwise take into consideration the fact that an asymptomatic individual or his blood relative has taken or refused to take a genetic test. An individual whose rights have been violated bring civil action.
Utah	State Statutes: UC §§31A-1-301 31A-22-620 31A-22-1602	Health Insurance Nondiscrimination	Genetic information may not be treated as a pre-existing condition in the absence of a diagnosis. The genetic testing privacy act, which prohibits health insurance discrimination, is applicable to insurers except as permitted under the Medicare Supplement Minimum Standards Act. The insurance commissioner may adopt rules regarding nondiscrimination for genetic testing or genetic information in Medicare supplement policies and certificates.
Vermont	State Statutes: VSA 18 §9331 et seq.	Privacy Issues, Research Issues	A person may not be required to undergo genetic testing with some exceptions. Genetic testing may not be performed on any individual or any bodily materials be released for purposes of genetic testing without prior written authorization and informed consent except for (1) medical research where the identity of the subject is unknown, (2) if the research is conducted with anonymized medical information, where individual identifiers are encrypted or encoded, and the identity of the individual is not disclosed, or (3) if the identity of the individual is known, where standards of protection are equal to those contained in regulations promulgated by the federal Office for Protection from Research Risk (OPRR).
Vermont	State Statutes: VSA 18 §9331 et seq.	Employment Nondiscrimination	Employers or labor organizations may not use information about genetic testing, genetic counseling, or genetic disease for purposes specified. Civil and criminal penalties are set forth for violations.
Vermont	State Statutes: VSA 18 §9331 et seq.	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	A policy of insurance may not be underwritten or conditioned on a requirement to undergo genetic testing or the results of genetic testing. Civil and criminal penalties are set forth for violations.
Vermont	State Statutes: VSA 8 §4724	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	It is an unfair method of competition or unfair and deceptive act or practice to (1) make or permit any unfair discrimination against any individual by conditioning insurance rates, the provision or renewal of insurance coverage, or other conditions of insurance based on the results of genetic testing where there is not a relationship between the information and the cost of the insurance risk that the insurer would assume by insuring the proposed insured or (2) to violate the Title 18 § 9334.
Wisconsin	State Statutes: WSA §111.31 et seq.	Employment Nondiscrimination	An employer, labor organization or employment or licensing agency may not solicit, require or administer a genetic test to any person as a condition of employment, labor organization membership or licensure or affect the terms, conditions or privileges of employment, labor organization membership or licensure or terminate the employment, labor organization membership or licensure of any person who obtains a genetic test.
Wisconsin	State Statutes: WSA §942.07	Health Insurance Nondiscrimination, Other Lines of Insurance Nondiscrimination	An insurer offering group health insurance coverage may not use genetic information as the basis for a pre-existing condition exclusion in the absence of a diagnosis or establish rules for eligibility or continued eligibility based on health status-related factors, including genetic information. An insurer with respect to a self-insured health plan, or a county, city, village or school board that provides health care services for individuals on a self-insured basis, may not (1) require or request any individual or a member of the individual's family obtain a genetic test or reveal whether a test was taken or the results or (2) condition coverage or health care benefits on or use in the determination of rates whether an individual or his/her family member has taken a genetic test or what the results of the test were. Life insurance or income continuance insurers are not subject to the above provisions but may not provide rates or aspects of coverage that are contrary to the risk involved.
Wyoming	State Statutes: WSA §§26-19-107 and 26-19-306	Health Insurance Nondiscrimination	A policy of group or blanket disability insurance or health benefit plan covering small employers may not treat genetic information as a pre-existing condition in the absence of a diagnosis or establish rules for eligibility or continued eligibility based on a health status-related factor, including genetic information. These entities also may not deny eligibility, or adjust premium or contribution rates based on genetic testing information of an individual or family member or request or require predictive genetic testing information about an individual or family member except as needed for diagnosis, treatment, or payment purposes.
West Virginia	State Statutes: WVC §§33-15-2a 33-16-1a and 33-16-3k	Health Insurance Nondiscrimination	A health benefit plan issued in connection with a group health plan may not impose a pre-existing condition exclusion based on genetic information in the absence of a diagnosis. A health status-related factor is defined to include genetic information as defined in section of the statutes pertaining to individual group accident and sickness insurance.

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Last Reviewed: April 9, 2010

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