summary
Introduced
01/23/2026
01/23/2026
In Committee
02/17/2026
02/17/2026
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 a 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 expand its protections to include "biomarker testing," which refers to the use of biological markers to assess health status, and the information derived from such tests, in addition to existing protections for genetic testing. The bill clarifies that both genetic and biomarker testing information is confidential and privileged, meaning it can only be shared with the individual tested or those they specifically authorize in writing. Insurers are prohibited from using this information for accident or health insurance policies, except when voluntarily submitted and favorable to the individual, and cannot use it for non-therapeutic or underwriting purposes. Employers are also subject to new limitations on how they can use or release genetic and biomarker testing information, with specific exceptions for certain circumstances like workplace wellness programs or genetic monitoring, provided strict privacy safeguards are met. The bill also reinforces that the identity of individuals undergoing genetic or biomarker testing, and the test results themselves, cannot be disclosed in a way that identifies them, except to authorized individuals or entities as outlined in the Act. Finally, it defines "biomarker" and "biomarker testing" and makes conforming changes throughout the law.
Committee Categories
Health and Social Services
Sponsors (1)
Last Action
House Human Services Committee Hearing (08:00:00 3/19/2026 Room C-1 Stratton Building) (on 03/19/2026)
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