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SCLD Update |
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| Other Topics in this Issue: Breast Cancer
Detection |
Genetics New Mexico enacted H.B. 331, the Genetic Information Privacy Act. This legislation requires individuals to obtain the tested person's (or the person's authorized representative) written and informed consent before: (1) obtaining genetic information, gene products, or samples from the individual for genetic analysis; and (2) conducting a genetic analysis, or collecting, retaining, transmitting, or using a person's genetic information. An exception to this requirement occurs if, among other reasons, the information is not identified with the individual or his or her family, or if the information is used for anonymous research or educational purposes. An individual's genetic information and samples must be destroyed promptly upon the individual's request, unless they are retained for anonymous research or educational purposes. H.B. 331 also addresses insurance discrimination based on genetic information. The law prohibits specified insurers from discriminating against an individual, or his or her family, based on genetic analysis, genetic information, or genetic propensity. Health insurers are not allowed to consider genetic propensity, susceptibility, or carrier status as a preexisting condition for the purpose of limiting or excluding benefits, establishing rates, or providing coverage. The state Attorney General, the District Attorney, or a private citizen may bring a civil action against individuals or insurers who violate these provisions. The court may order appropriate relief, which may include: (1) actual damages, (2) additional damages up to $5,000, and (3) reasonable costs and attorneys' fees. In addition, insurers that obtain genetic information or samples from an individual without first obtaining informed consent, or that are guilty of genetic discrimination may also be required to provide a policy for the injured person; this policy must include health insurance and hospital and medical expenses. |
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