NY Ins L § 2615 (2021)
2021 New York Laws ISC - Insurance Article 26 - Unfair Claim Settlement Practices; Other Misconduct; Discrimination 2615 - Genetic Testing Written Informed Consent.

§  2615.  Genetic  testing written informed consent. (a) No authorized insurer or person acting  on  behalf  of  an  authorized  insurer  shall request  or  require an individual proposed for insurance coverage to be the subject of a genetic test without  receiving  the  written  informed consent  of  such  individual  prior  to such testing, in advance of the test.  (b) Written informed consent  to  a  genetic  test  shall  consist  of written authorization that is dated and signed and includes at least the following:  (1) a general description of the test;  (2) a statement of the purpose of the test;  (3)  a statement that a positive test result is an indication that the individual may be  predisposed  to  or  have  the  specific  disease  or condition  tested  for  and  may  wish  to  consider further independent testing, consult their physician or pursue genetic counseling;  (4) a general description of each specific disease or condition tested for;  (5) the level of certainty  that  a  positive  test  result  for  that disease  or condition serves as a predictor of such disease. If no level of certainty has been established, this subparagraph may be disregarded;  (6) the name of the person or categories of persons  or  organizations to whom the test results may be disclosed;  (7)  a  statement  that  no tests other than those authorized shall be performed on  the  biological  sample  and  that  the  sample  shall  be destroyed  at the end of the testing process or not more than sixty days after the sample was taken; and  (8) the signature of the individual subject of the test  or,  if  that individual  lacks  the  capacity to consent, the signature of the person authorized to consent for such individual.  (c) A general waiver, wherein consent is secured for  genetic  testing without  compliance  with  subsection  (b)  of  this  section, shall not constitute informed consent.  (d) Any further disclosure of  genetic  test  results  to  persons  or organizations  not  named  on  the informed consent requires the further informed consent of the subject of the test.  (e) In the event that an insurer's adverse  underwriting  decision  is based  in  whole  or  in  part  on  the  results  of a genetic test, the authorized  insurer  shall  notify  the  individual   of   the   adverse underwriting decision and ask the individual to elect in writing, unless the  individual  has  already done so, whether to have the specific test results disclosed directly to the  individual  or  to  the  individual's physician, at the discretion of the individual.  (f) All records, findings and results of any genetic test performed on any person shall be deemed confidential and may not be disclosed without the written authorization as described in subsection (g) of this section of  the  person  to whom such genetic test relates. This information may not  be  released  to  any  person  or  organization  not   specifically authorized   by   the  individual  subject  of  the  test.  Unauthorized solicitation or possession of such information shall be unlawful, except for the unintentional possession of such information as part of a health record created prior to the date on which this section shall have become a law and provided no action adverse to the interests of the subject are taken as a result of such possession.  (g) Written authorization  to  records,  findings  and/or  results  of genetic  tests  that  have been performed prior to the effective date of this section, or which was done after the individual had  given  written informed  consent  pursuant to this section shall consist of a statement which  specifically  requests  genetic  test  records,  findings  and/or  results,  the  person  or  organizations  to  whom the records, findings and/or results shall be  disclosed,  the  signature  of  the  individual subject  of the records, findings and/or results of the test or, if that person  lacks  the  capacity  to  consent,  the  signature of the person authorized to consent for the subject.  (h) No authorized insurer who lawfully possesses  information  derived from  a  genetic  test  on  a biological sample from an individual shall incorporate such  information  into  the  records  of  a  non-consenting individual  who may be genetically related to the tested individual; nor shall any inferences be  drawn,  used,  or  communicated  regarding  the possible genetic status of the non-consenting individual.  (i)  For  the purposes of this section, the term "adverse underwriting decision" shall have the same meaning as defined in  section  twenty-six hundred  eleven  of  this article and the term "genetic test" shall have the same meaning as defined  in  section  seventy-nine-l  of  the  civil rights law.  (j)  If  the superintendent determines after notice and a hearing that an authorized insurer or a person acting  on  behalf  of  an  authorized insurer  has violated this section, then the superintendent shall levy a fine up to five thousand dollars. Also, any authorized insurer or person acting on behalf of an authorized insurer who violates the provisions of this section shall be subject to the provisions of  article  twenty-four of this chapter. Violations of this section shall also be subject to the provisions of section one hundred nine of this chapter, except paragraph one of subsection (c) of such section.