New York S 2398: Requires genetic testing results only be received by patients and health care providers providing direct care while health insurance companies only receive a record that the genetic testing was performed

Bill Text

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S02398 Summary:

BILL NOS02398 

&nbsp

SAME ASSAME AS A05123

&nbsp

SPONSORPERSAUD

&nbsp

COSPNSRBASKIN, BORRELLO, CLEARE, RYAN C, SALAZAR, SKOUFIS

&nbsp

MLTSPNSR

&nbsp

Amd §79-l, Civ Rts L

&nbsp

Requires genetic testing results only be received by patients and health care providers providing direct care while health insurance companies only receive a record that the genetic testing was performed; provides insurers cannot require access to genetic testing results and cannot take adverse action against someone for not providing genetic testing results.

Go to top S02398 Actions:

BILL NOS02398 

&nbsp

01/17/2025REFERRED TO CODES

05/20/20251ST REPORT CAL.1250

05/21/20252ND REPORT CAL.

05/22/2025ADVANCED TO THIRD READING 

05/29/2025PASSED SENATE

05/29/2025DELIVERED TO ASSEMBLY

05/29/2025referred to governmental operations

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO CODES

04/21/20261ST REPORT CAL.798

04/22/20262ND REPORT CAL.

04/27/2026ADVANCED TO THIRD READING 

05/04/2026PASSED SENATE

05/04/2026DELIVERED TO ASSEMBLY

05/04/2026referred to governmental operations

Go to topS02398 Committee&nbspVotes:

Go to topS02398 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS02398 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2398

 2025-2026 Regular Sessions

 IN SENATE

 January 17, 2025
 ___________

 Introduced by Sens. PERSAUD, BORRELLO, CLEARE, SALAZAR, SKOUFIS -- read
 twice and ordered printed, and when printed to be committed to the
 Committee on Codes

 AN ACT to amend the civil rights law, in relation to requiring genetic
 testing results only be received by patients and health care providers
 providing direct care while health insurance companies only receive a
 record that the genetic testing was performed for payment purposes

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 3 of section 79-l of the civil rights law, as
 2 added by chapter 497 of the laws of 1996, is amended and a new subdivi-
 3 sion 12 is added to read as follows:
 4 3. (a) All records, findings and results of any genetic test performed
 5 on any person shall be deemed confidential and shall not be disclosed
 6 without the written informed consent of the person to whom such genetic
 7 test relates. This information shall not be released to any person or
 8 organization not specifically authorized by the individual subject of
 9 the test. Unauthorized solicitation or possession of such information
 10 shall be unlawful, except for the unintentional possession of such
 11 information as part of a health record created prior to the effective
 12 date of this section and provided no action adverse to the interests of
 13 the subject are taken as a result of such possession. [Nothing in this
 14 section shall preclude the release of such information, with the
 15 subject's consent, to a health insurer or health maintenance organiza-
 16 tion of any information reasonably required for purposes of claims
 17 administration, provided, however, that further distribution within the
 18 insurer or to other recipients shall require the subject's informed
 19 consent in each case.]
 20 (b) No person who lawfully possesses information derived from a genet-
 21 ic test on a biological sample from an individual shall incorporate such
 22 information into the records of a non-consenting individual who may be

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06473-01-5

 S. 2398 2

 1 genetically related to the tested individual; nor shall any inferences
 2 be drawn, used, or communicated regarding the possible genetic status of
 3 the non-consenting individual.
 4 (c) No findings or results of any genetic test shall be released to
 5 any health insurer or health maintenance organization required for
 6 purposes of claims administration. All health insurers or health mainte-
 7 nance organizations shall accept records without the test result
 8 confirming that the genetic test was performed and the records, findings
 9 or results were received by the health care provider providing direct
 10 care for the purposes of cla