2023 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.