SIXTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
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SENATE 
S. No. 1875 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Aliicle 2, Section 15 provides that: 
The State shall protect and promote the right to health of 
the peqple and instill health consciousness.among them. 
The Constitution, Article 13, Section II also mandates that: 
The State shaH adopt an integrated and comprehensive 
approach to health development which shaH endeavor to make 
essential goods, health and other social services available to all the 
people at affordable cosio There shall be priority for the needs of 
the underprivileged, sick, elderly, disabled, women, and children. 
The State shall endeavor to provide free medical care to paupers. 
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The health of the people is the we~lth of the nation. Health can be maintained by having 
health insurance available to all. Unfortunately, the accessibility of health insurance is limited by 
many factors, one of which is the susceptibility of a person to contracting certain kinds of 
diseases. 
Acceptance of a person as an insured by the health insurance provider depends on the 
fitness of the person, ~hich can be gleaned from his or her family's medical history. With the 
advent of new technology for obtaining mld interpreting genetic information, applicants with 
genes that are predisposed to developing into a specific type of ailment are rejected ffild left to 
fend for themselves when a medical emergen.cy occurs. The health insurer is reluctant to assume 
the risk of insuring a person vulnerable to a certain disease. 
This bill seeks to prohibit discrimination on the basis of genetic information with respect 
to health insurance.' 
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4b·~~ .~ ~ 
IJfI( .MIRIAM DE~NSOR ~l IrvO 
, This bill was originally filed during FOlllteenth Congress, First Reg~lar Session. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHIUPPINES . 
) 
First Regular Session 
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. -". 
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SENATE 
S. No. ~8 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROHIBITING DISCRIMINATION BECAUSE OF GENETIC INFORMATION 
IN HEALTH INSURANCE COVERAGE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
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SECTION I. Short Title. - This Act shall be known as the "Genetic Information 
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Nondiscrimination in Health Insurance Act." 
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SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
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protect and promote the right to health of the people and instill health consciousness among 
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them. 
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SECTION 3. Purposes. - It is the purpose of this Act to define the right of individuals 
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whose genetic information is disclosed; define the circumstances under which an individual's 
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genetic information may be disclosed; and protect against discrimination by a health insurer 
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based upon an individual's.genetic information. 
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SECTION 4. Definitions. - For the purposes of this Act, the term: 
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(A) 
"Genetic information" mfans information about genes, gene products, or inherited 
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characteristics that may be derived from an individual or a family member (including 
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information about a request for or receipt of genetic services). 
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(B) 
"Genetic services" means health services provided to obtain, assess, or interpret 
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genetic information for diagnostic and therapeutic purposes, and for genetic education and 
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counseling. 
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(C) 
"Predictive genetic information" 
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(1) 
IN GENERAL - means the absence of symptoms, clinical signs, or 
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diagnosis of the condition related to-
(a) 
information about an individual's genetic tests; 
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(b) 
information about genetic tests of family members of the 
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individual; or 
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(c) 
information about the occurrence of a disease or disorder in family 
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members. 
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(2) 
EXCEPTIONS 
The term "predictive genetic information" shall not 
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include: 
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(a) 
information about the sex or age of the individual; 
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(b) 
information derived form physical tests, such as the chemical, 
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blood, or urine analyses of the individual including cholesterol 
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tests; and 
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(c) 
information about jJhysical exams of the individual. 
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(D) 
"Genetic test" means the analysis of human DNA, RNA, chromosomes, proteins, 
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and certain metabolites, including analysis of genotypes, mutations, phenotypes, or karyotypes, 
, 18, for the purpose of diagnosing a genetic characteristic and predicting risk of disease in 
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asymptomatic or undiagnosed individuals. 
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(E) 
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(F) 
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(G) 
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(H) 
"DNA" means deoxyribonucleic acid. 
"Enrollee" means the person applying for health insurance. 
"Family members" means, with respect to an individual -
(1) 
(2) 
(3) 
the spouse of the individual; 
a dependent child of the individual, including a child who is born to or 
placed for adoption with the individual; and 
all other individuals related by blood to the individual or the spouse or 
child described in subparagraph (l) or (2). 
"Health insurance issuer" means an insurance company or health care service 
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contractor providing health insurance under insurance laws. 
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SECTION 5. General Prohibition. -. A health insurance issuer offering health insurance 
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shall not reject, deny, limit, cancel, refuse to renew, increase the amount of the premium to be 
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paid, or otherwise discriminate against an individual or a family member of the individual on the 
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basis of predictive genetic information. 
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SECTION 6. Prohibition on Predictive Genetic Information as a Condition of Eligibility. 
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- A health insurance issuer offering h~alth -insurance coverage in the individual market or in 
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connection with a group health plan shall not use predictive genetic information as a condition of 
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eligibility of an individual to enroll in individual health insurance coverage (including 
9' information about a request for or receipt 61' genetic services) or a group health plan. 
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SECTION 7. Prohibition on Use of Predictive-Genetic Information in Setting Premium 
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Rates. - A health insurance issuer offering health insurance coverage in the individual market or 
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in connection with a group health plan shall not adjust premium rates for individuals on the basis 
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of predictive genetic information concerning such an enrollee or a family member of the 
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employee (including information about a request for or receipt of genetic services). 
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SECTION 8. Collection of PredictilJe .Genetic Information. -
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(A) 
Limitation on requesting or requiring predictive genetic information. - Except as 
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provided in paragraph (B), a health insurance issuer offering health insurance coverage in the 
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individual market or in connection with a group health plan shall not request or require 
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predictive genetic information concerning an individual or a family member of the individual 
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(including information about a'request for or receipt of genetic services). 
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(B) 
Information needed for diagnosis, treatment, or payment. -
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(1) 
IN GENERAL - Notwithstanding paragraph (A), a health insurance issuer 
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offering health insurance coverage in the individual market or in 
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connection with a group health plan that provides health care items and 
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services to an individual or dependent may request (but may not require) 
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that such individual or dependent disclose, or authorize the collection or 
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(2) 
disclosure of, predictive genetic information for purposes of diagnosis or 
treatment relating to the provision of health care items and services to such 
individual or dependent. 
NOTICE OF CONFDENTIALITY PRACTICES AND DESCRIPTION 
OF SAFEGUARDS - As part of a request under subparagraph (1), the 
health insurance issuer offering health insurance coverage in the 
individual market or in health plan shall provide to the individual or 
dependent a description of the procedures in place to safeguard the 
confidentiality, as de~cribed in section (9), of such predictive genetic 
information. 
SECTION 9. Confidentiality with Respect 10 Predictive Genetic Information. -
(A) 
NOTICE OF CONFIDENTIALITY PRACTICES -
(1) 
PREPARATION OF WRITTEN NOTICE - A health insurance Issuer 
offering health insurance coverage in the individual market or in 
connection with a group health plan shall post or provide, in writing and in 
a clear and conspicuous manner, notice of the issuer's confidentiality 
practices, that shall include -
(a) 
a description of an individual's rights with respect to predictive 
genetic information; 
(b) 
the procedures established by the issuer for the exercise of the 
individual's rights; and 
( c) 
the right to obtain a copy of the notice of the confidentiality 
practices required under this section. 
(2) 
MODEL NOTICE - The Secretary of Health, in consultation with the 
Insurance' Commissioner, and after notice and opportunity for public 
comment, shall develop and disseminate model notices of confidentiality 
practices. Unsettlement notice shall serve as a defense against claims of 
receiving inappropriat~ notice. 
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(B) 
ESTABLISHMENT OF SAFEGUARDS - A health insurance issuer offering 
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health insurance coverage in the individual market or in connection with a group health plan 
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shall establish and maintain appropriate administrative, technical, and physical safeguards to 
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protect the confidentiality, security, accuracy, and integrity of predictive genetic information 
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created, received, obtained, maintained, used, transmitted, or disposed of by such issuer. 
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SECTION 10: Separability Cluuse . . - If any provision or part thereof is held invalid or 
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unconstitutional, the reminder of the 1 aw or the provision not otherwise affected shall remain 
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valid and subsisting. 
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SECTION 11. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule, or regulation contrary to or inconsistent 
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with the provisions of this Act is hereby repealed, modi tied, or amended accordingly. 
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SECTION 12. E.Dectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at least two (2) newspapers of general circulation. 
Approved, 
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