S.22.2-50: Very Astute Genetic Information Nondiscrimination Act (PASSED)

[fhtagn]

VERY ASTUTE GENETIC INFOFMATION NONDISCRIMINATION ACT

TITLE I: NAME AND ENACTMENT

1. This act shall be referred to as the Very Astute Genetic Information Nondiscrimination Act or V.A.G.I.N.A.

2. This act shall take effect January 1, 2023.

TITLE II: DEFINITION

1. As used in this act, the following words shall be defined as such:

A. Genetic information means with respect to any individual, information about (i) such individual’s genetic tests, (ii) the genetic tests of family members of such individual, and (iii) the manifestation of a disease or disorder in family members of such individual.

B. Genetic test means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes. genetic test does not mean an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes or an analysis of proteins or metabolites that is directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved

C. Person includes an unborn person or fetus.

TITLE III: GENETIC INFORMATION NONDISCRIMINATION

1. No insurer in the Southern Region or insurer that issues policies to a person in the Southern Region shall automatically deny health insurance coverage to or discriminate in premium or other price against any person because of such person's genetic information. No such insurer shall require a person to submit to a genetic test in order to receive or maintain health insurance coverage.

2. No pension program in the Southern Region or pension program that includes a person in the Southern Region shall discriminate in benefits or coverage against any person because of such person's genetic information. No such pension program shall require a person to submit to a genetic test in order to participate or receive benefits.

3. No employer or labor organization in the Southern Region shall discriminate against any person because of such person's genetic information. No such employer or labor organization shall require a person to submit to a genetic test as a condition of employment, promotion, or membership.


4. Any genetic information collected by or in the possession of an insurer, pension program, employer, or labor organization subject to this act or any person or entity that is subject to the privacy and confidentiality provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) shall be treated as confidential. Such confidential genetic information shall be handled the same as health information under HIPAA.

5.  A violation of this act shall be a misdemeanor punishable by a fine of $10,000.00 per individual person whose rights were violated.

6. A person whose rights were unlawfully violated pursuant to this act may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.

Sponsor: fhtagn

[Mr. Reactionary]

This is a slimmed down Regional version of the federal Genetic Information non-discrimination act (GINA). It prohibits insurers and employers from discriminating based on your DNA or frim sharing  genetic information about you without consent.



*The text of this bill does NOT violate the TOS of this website*

[fhtagn]

If there are no more comments, I move we proceed to a vote. 24 hours for objections.

[President Punxsutawney Phil]

No objection to this great bill.

[fhtagn]

A final vote on this bill is now open for 72 hours, or until 24 hours after this has enough votes to pass or fail, or until everybody votes, whichever occurs soonest.

[reagente]

aye

[UlmerFudd]

Aye

[fhtagn]

Aye

[fhtagn]

This has enough votes to pass. 24 hours to vote/change your vote, or until everyone has voted, whichever happens soonest

[RFayette]

Aye

[President Punxsutawney Phil]

Aye

[fhtagn]

The bill now passes and awaits gubernatorial action.

Aye: 5
Nay:0
Present: 0
Not voting: 0

VERY ASTUTE GENETIC INFOFMATION NONDISCRIMINATION ACT

TITLE I: NAME AND ENACTMENT

1. This act shall be referred to as the Very Astute Genetic Information Nondiscrimination Act or V.A.G.I.N.A.

2. This act shall take effect January 1, 2023.

TITLE II: DEFINITION

1. As used in this act, the following words shall be defined as such:

A. Genetic information means with respect to any individual, information about (i) such individual’s genetic tests, (ii) the genetic tests of family members of such individual, and (iii) the manifestation of a disease or disorder in family members of such individual.

B. Genetic test means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes. genetic test does not mean an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes or an analysis of proteins or metabolites that is directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional with appropriate training and expertise in the field of medicine involved

C. Person includes an unborn person or fetus.

TITLE III: GENETIC INFORMATION NONDISCRIMINATION

1. No insurer in the Southern Region or insurer that issues policies to a person in the Southern Region shall automatically deny health insurance coverage to or discriminate in premium or other price against any person because of such person's genetic information. No such insurer shall require a person to submit to a genetic test in order to receive or maintain health insurance coverage.

2. No pension program in the Southern Region or pension program that includes a person in the Southern Region shall discriminate in benefits or coverage against any person because of such person's genetic information. No such pension program shall require a person to submit to a genetic test in order to participate or receive benefits.

3. No employer or labor organization in the Southern Region shall discriminate against any person because of such person's genetic information. No such employer or labor organization shall require a person to submit to a genetic test as a condition of employment, promotion, or membership.


4. Any genetic information collected by or in the possession of an insurer, pension program, employer, or labor organization subject to this act or any person or entity that is subject to the privacy and confidentiality provisions of the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) shall be treated as confidential. Such confidential genetic information shall be handled the same as health information under HIPAA.

5.  A violation of this act shall be a misdemeanor punishable by a fine of $10,000.00 per individual person whose rights were violated.

6. A person whose rights were unlawfully violated pursuant to this act may maintain a civil action to recover actual damages, punitive damages of up to $10,000, reasonable legal costs, and any equitable relief necessary to enforce this act.