summary
Introduced
01/16/2026
01/16/2026
In Committee
02/03/2026
02/03/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Genetic Information Privacy Act. Provides that the use of genetic testing, biomarker testing, or both (rather than only genetic testing), and the information derived from testing is confidential and privileged and may be released only to the individual tested and persons specifically authorized in writing by the individual tested to receive the information. Provides that an insurer may not seek information derived from genetic or biomarker testing (rather than only genetic testing) for use in connection with a policy of accident or health insurance (unless the individual voluntarily submits the results and the results are favorable to the individual), for nontherapeutic purposes, or for underwriting purposes. In provisions concerning the use of testing information by employers, provides that an employer may release genetic testing or biomarker testing information (rather than only genetic testing information) under specified circumstances. Limits an employer's use of genetic information, genetic testing, biomarkers, and biomarker testing (rather than only genetic information and genetic testing). In provisions concerning testing, provides that no person may disclose or be compelled to disclose the identity of any person upon whom a genetic test or biomarker test (rather than only genetic test) is performed or the results of a genetic test or biomarker test (rather than only genetic test) in a manner that permits identification of the subject of the test, except to the persons specified in the Act. Limits the concurrent exercise of home rule powers. Defines "biomarker" and "biomarker testing". Makes other and conforming changes.
AI Summary
This bill amends the Genetic Information Privacy Act to extend its protections to "biomarker testing," which refers to the process of analyzing biological markers in an individual's body, and the information derived from it, similar to how genetic testing is regulated. The key provisions include making biomarker testing and its results confidential and privileged, meaning they can only be shared with the individual tested or those they explicitly authorize in writing. Insurers are prohibited from using biomarker testing information for accident or health insurance policies, except when the results are voluntarily submitted and favorable to the individual, and they cannot use this information for non-therapeutic or underwriting purposes. Employers are also subject to stricter rules regarding the use and disclosure of biomarker testing information, with limitations on soliciting, requiring, or purchasing such information, and on using it to affect employment terms or conditions. The bill clarifies that the identity of individuals undergoing biomarker testing and the test results themselves cannot be disclosed in a way that allows for identification, except under specific circumstances outlined in the Act, such as to the individual tested or their authorized representative, or for certain health care operations and public health activities, all while adhering to the "minimum necessary" standard for information use and disclosure as defined by HIPAA (Health Insurance Portability and Accountability Act).
Committee Categories
Justice
Sponsors (1)
Last Action
Assigned to Judiciary (on 02/03/2026)
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