105.000 GENETICS

105.993           Remove Outdated Barriers To Genetic Testing

The Medical Society of the State of New York (MSSNY) will advocate for legislation to remove the requirement for written consent for genetic or genomic testing, in particular sections A-D of Chapter 28, Article 26, Section 2615 of Consolidated Laws of New York, and removing the requirements of specific consent to share test result records with treating team of providers in sections F and G while retaining the requirements for patient protection against discrimination by insurance companies, sections E-J, https://www.nysenate.gov/legislation/laws/ISC/2615; and that the Medical Society of the State of New York reports at the 2026 annual meeting on the status of this resolution. The Medical Society of the State of New York will transmit this resolution to the AMA and advocate that the AMA seeks to change laws nationwide in the 5 states that impose barriers to genetic or genomic testing in the form of consent requirements; and that the AMA will report on the status of this resolution at the 2026 Annual Meeting. (HOD 2025-101)

105.994             Pharmacogenetics Insurance Coverage

The Medical Society of the State of New York (MSSNY) will support insurance coverage for enzyme deficiency testing when the test is ordered by a physician. (HOD 2022-258; referred to Council; substitute amended and adopted by Council 3/13/23).

105.995             Insurance Payment Mandate for Genetic Counseling

MSSNY will use our Commissioner of Communications to convey the need for board-certified genetic counseling to be included in the Affordable Care Act’s Preventative Care Visit when a genetically-modifiable disease is being addressed, such as screening Papanicolaou or colonoscopy screening, are included benefits of the preventative care visit.  The Commissioner of Communications is to continue promotion of public health and prevention topics, thus creating public opinion and resultant public policy.  (HOD 2020-251)

105.996             Medical Spectrum of Gender

The Medical Society of the State of New York (MSSNY) will partner with appropriate medical organizations and community based organizations to inform and educate the medical community and the public on the medical spectrum of gender identity as a complex interplay of gene expressions and biologic development. A copy of this resolution will be sent to the AMA for its consideration. (HOD 2017-164)

105.997             Genomic Medicine

The Medical Society of the State of New York will encourage further research into genomic sequencing, including its ethical, clinical and financial implications, and will also encourage efforts to increase the number of qualified genetic counselors in anticipation of the increasing clinical need. (HOD 2015-268, referred to, amended and adopted by Council 1/21/2016)

105.998            Discrimination, Prevention of Selective in Insurance Plans:

MSSNY will introduce or support legislation to forbid insurance companies from using as criteria for issuance of coverage or premium rating for health, life and disability policies information derived from genetic screening. (HOD 1996-172; Reaffirmed HOD 2014; Reaffirmed HOD 2024)

105.999            Preconception/Prenatal Counseling:

The physician has a responsibility to inform the pre-conception/prenatal patient/couple of the risk of possible genetic defects when the patient is at risk because of age, previous obstetrical history, maternal/paternal family history, or exposure to predisposing factors; to advise the patient/couple of the availability of genetic counseling types of diagnostic procedures, and the related risks involved; or the physician may refer the patient to the appropriate counselor or facility.  Physician responsibility should be based on the standard of medical practice and the methods of procedures prevailing at the time of counseling.    (Council 5/17/79; Modified and Reaffirmed HOD 2013; reaffirmed HOD 2023)