THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
First Regular Session 
Introduced by Senator Miriam Defensor Santiago 
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EXPLANATORY NOTE 
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The Constitution, Article 2, Section 15 provides that: 
The State shall protect and promote the right to health of the people and 
instill health consciousness among them. 
The Constitution, Article 13, Section 11 also mandates that: 
The State shall adopt an integrated and comprehensive approach to he 
development which shall endeavor to make essential goods, health and 
social services available to all the people at affordable cost. 
priority for the needs of the underprivileged sick, elderly, disabled, 
There 
children. The State shall endeavor to provide free medical care to paupers. 
The health of the people is the wealth 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, which can be gleaned from his family's medical history. With the advent 
of new technology for obtaining and interpreting genetic information, applicants with genes that 
are predisposed to developing into a specific type o f  ailment are rejected and left to fend for 
themselves when a medical emergency 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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THIRTEENTH CONGRESS OF THE REPUBLIC) 
1 
’04 pJJr; IO P 4  38 
OF THE PHILPPINES 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROHIBITING DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION WITH 
RESPECT TO HEALTH INSURANCE 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
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Congress assembled: ~- 
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SECTION 1. Short Title. - This Act shall be known as the “Genetic Information 
Nondiscrimination in Health Insurance Act of 2004.” 
SECTION 2. Declaration of Policy. - It is hereby declared the 
protect and promote the right to health of the people and instill health 
them. 
SECTION 3. Purposes. - It is the purpose of this Act to - 
(1) define the right of individuals whose genetic information is disclosed; 
(2) define the circumstances under which an individual’s genetic information may be 
disclosed; and 
(3) protect against discrimination by a health insurer based upon an individual’s genetic 
information. 
SECTION 4. DeJinitions. - For the purposes of this Act, the term: 
(1) “Genetic information” means information about genes, gene products, or inherited 
characteristics that m ay d enve from an individual or a family member (including information 
about a request for or receipt of genetic services). 
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(2) “Genetic services” means health services provided to obtain, assess, or interpret 
genetic information for diagnostic and therapeutic purposes, and for genetic education and 
counseling. 
(3) “Predictive genetic information” 
(a) IN GENERAL - means 
the absence of symptoms, clinical signs, or a c 
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diagnosis of the condition related to such information - 
(i) information about an individual’s genetic tests; 
(ii) information about genetic tests of family members of the individual; or 
(iii) information a bout the o ccurrence o f a  disease o r  disorder in family 
members. 
(b) EXCEPTIONS - The term “predictive genetic information” shall not include: 
(ifi%formation about the sex or age of the individual; 
(ii) information derived form physical tests, such as the chemical, blood, 
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or urine analyses of the individual including cholesterol tests; and 
(iii) information about physical exams of the individual. 
(4) “Genetic test” means the analysis of human DNA, RNA, chromosomes, proteins, and 
certain metabolites, including analysis of genotypes, mutations, phenotypes, or kary types, for 
the purpose of diagnosing a genetic characteristic and predicting risk of disease in as 
ptomatic 
or undiagnosed individuals. 
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(5) “DNA” means deoxyribonucleic acid. 
(6) “Enrollee” means the person applying for health insurance. 
(7) “Family members” means with respect to an individual - 
(a) the spouse of the individual; 
(b) a dependent child of the individual, including a child who is born to or placed 
for adoption with the individual; and 
(c) all other individuals related by blood to the individual or the spouse or child 
described in subparagraph (1) or (2). 
(8) “Health insurance issuer’’ means an insurance company or health care service 
contractor providing health insurance to regulation under state insurance laws. 


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SECTION 5. General Prohibition. - An insurer offering health insurance 
genetic information to reject, deny, limit, cancel, refuse to renew, increase the 
otherwise affect health insurance. 
SECTION 6. 
Prohibition on Predictive Genetic Information as a Condition of 
Eligibility. - A health insurance issuer offering health insurance coverage in the individual 
market or in connection with a group health plan may not use predictive genetic information as a 
condition of eligibility of an individual to enroll in individual health insurance coverage 
(including information about a request for or receipt of genetic services). 
SECTION 7. Prohibition on Use of Predictive Genetic Information in Setting Premium 
Rates. - A health insurance issuer offering health insurance coverage in the individual market or 
in connection with a group health plan shall not adjust premium rates for individuals on the basis 
of predictive genetic information concerning such an enrollee or a family member of the 
employee (including information about a request for or receipt of genetic services). 
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SECTION 8. Collection of Predictive Genetic Information. - 
(1) Limitation on requesting or requiring predictive genetic information. - Except as 
provided in paragraph ( 2), a h ealth insurance i suer o ffering health insurance c over ge i n  the 
individual market or in connection with a group health plan shall not request r require 
predictive genetic information concerning an individual or a family member of the hdividual 
(including information about a request for or receipt of genetic services). 
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(2) Information needed for diagnosis, treatment, or payment. - 
(a) IN GENERAL - Notwithstanding paragraph (I), a health insurance issuer 
offering health insurance coverage in the individual market or in connection with a group 
health plan that provides health care items and services to an individual or dependent may 
request (but may not require) that such individual or dependent disclose, or authorize the 
collection or disclosure of, predictive genetic information for purposes of diagnosis, 


treatment, or payment relating to the provision of health care items and services to such 
individual or dependent. 
(b) NOTICE 0 F C ONFDENTIALITY P RACTICES AND 
part o f  a request under subparagraph (a), 
SAFEGUARDS - As T 
issuer offering health insurance coverage in the individual or in 
health plan shall provide to the individual or dependent a description of the procedures in 
place to safeguard the confidentiality, as described in section (9), of such predictive 
genetic information. 
SECTION 9. Confidentiality with Respect to Predictive Genetic Information. - 
(1) NOTICE OF CONFIDENTIALITY PRACTICES - 
(a) PREPARATION OF WRITTEN NOTICE - a health insurance health 
insurance issuer offering health insurance coverage in the individual 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 - 
(i) a description of an individual’s rights with respect to predictive genetic 
information; 
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(ii) the procedures established by the issuer for the exercise of the 
individual’s rights; and 
(iii) the right to obtain a copy of the notice o f  the confidentiality practices 
required under this subsection. 
(b) MODEL NOTICE - The Secretary of Health, in consultation with the 
Insurance Commission, and after notice and opportunity for public comm nt, shall 
develop and disseminate model notices o f c onfidentiality p ractices. U se n f t 1 
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notice shall serve as a defense against claims of receiving inappropriate notice. 
(2) ESTABLISHMENT OF SAFEGUARDS - A health insurance issuer offering 
health insurance coverage in the individual market and in connection with a group health plan 
shall establish and maintain appropriate administrative, technical, and physical safeguards to 
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protect the Eznfldentiality, security, accuracy, and integrity of predictive genetic information 
created, received, obtained, maintained, used, transmitted, or disposed of by such issuer. 
SECTION 10. Effectivity Date. - The provisions of this Act shall apply with respect to - 
(1) group health plans, for plan years beginning after one (1) year after the date of enactment of 
this Act; and 
(2) health insurance coverage offered, sold, issued, renewed, in effect, or oper 
individual market after one (1) year after the date of enactment of this Act. 
SECTION 11. Sepavability Clause. - If any provision or part thereof, is held invalid or 
unconstitutional, the r eminder o f t he 1 aw o f t he provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 12. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of i nstruction, administrative order, rule or r egnlation c ontrary t 0, o r  inconsistent 
with, the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 13. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
I1655 JPS 
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