FOURTEENTH CONGRESS OF THE REPUBLIC) 
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OF THE PHILIPPINES 
First Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
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 
the development which shall endeavour 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, 
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 of 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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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
I ‘ E f i j l  
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OF THE PHILIPPINES 
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First Regular Session 
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6 
SEN 
S. No. 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
TO PROHIBIT DISCRIMINATION BECAUSE OF GENETIC INFORMATION 
IN HEALTH INSURANCE COVERAGE 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Genetic Information 
Nondiscrimination in Health Insurance Act of 2008.” 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State 
to protect and promote the right to health of the people and instill health consciousness 
among them. 
SECTION 3. Purposes. - It is the purpose of this Act to - 
(A) define the right of individuals whose genetic information is disclosed; 
(B) define the circumstances under which an individual’s genetic 
information may be disclosed; and 
(C) protect against discrimination by a health insurer based upon an 
individual’s genetic information. 
SECTION 4. Definitions. -For the purposes of this Act, the term: 
(A) “Genetic inforination” means information about genes, gene products, or 
inherited characteristics that may be derived from an individual or a family member 
(including 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 genetic information for diagnostic and therapeutic purposes, and for genetic 
education and counselling. 
(C) “Predictive genetic infomation” 
(1) IN GENERAL - means the absence of symptoms, clinical signs, or 
diagnosis of the condition related to such information - 
(a) information about an individual’s genetic tests; 
(b) information about genetic tests of family members of the 
individual; or 
(c) information a bout the occurrence o f a disease or disorder in 
family members. 
(2) EXCEPTIONS - The term “predictive genetic information” shall not 
include: 
(a) information about the sex or age of the individual; 
(b) information derived form physical tests, such as the chemical, 
blood, or urine analyses of the individual including cholesterol tests; and 
(c) information about physical exams of the individual. 
(D) “Genetic test” means the analysis of human DNA, RNA, chromosomes, 
proteins, and certain metabolites, including analysis of genotypes, mutations, phenotypes, 
or karyotypes, for the purpose of diagnosing a genetic characteristic and predicting risk of 
disease in asymptomatic or undiagnosed individuals. 
(E) “DNA” means deoxyribonucleic acid. 
(F) “Enrollee” means the person applying for health insurance. 
(G) “Family members” means with respect to an individual - 
(1) the spouse of the individual; 
(2) a dependent child of the individual, including a child who is born to or 
placed for adoption with the individual; and 
(3) all other individuals related by blood to the individual or the spouse or 
child described in subparagraph (1) or (2). 
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(H) “Health insurance issuer” means an insurance company or health care service 
contractor providing health insurance lo regulation under state insurance laws. 
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 healtli 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). 
SECTION 8. Collection ofpredictive Genetic Information. - 
(A) Limitation on requesting or requiring predictive genetic information. - Except 
as provided in paragraph (B), a health insurance issuer offering health insurance coverage 
in the individual market or in connection with a group health plan shall not request r 
require predictive genetic infomation concerning an individual or a family member of 
the individual (including information about a request for or receipt of genetic services). 
(B) Information needed for diagnosis, treatment, or payment. - 
(1) IN GENERAL - Notwithstanding paragraph (I), a health insurance 
issuer 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 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. 
(2) 
NOTICE 
OF 
CONFDENTIALITY 
PRACTICES 
AND 
DESCRIPTION OF SAFEGUARDS - As part of a request under subparagraph 
(l), the health insurance 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. - 
(A) NOTICE OF CONFIDENTIALITY PRACTICES - 
(1) 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 - 
(a) a description of an individual’s rights with respect to predictive 
genetic information 
@) 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 o f the confidentiality 
practices required under this subsection. 
(2) MODEL NOTICE - The Secretary of Health, in consultation with the 
Insurance Commission, and after notice and opportunity for public comment, 
shall develop and disseminate model notices of confidentiality practices. 
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Unsettlement notice shall serve as a defense against claims of receiving 
inappropriate notice. 
(B) 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 protect the confidentiality, 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 - 
(A) group health plans, for plan years beginning after one (1) year after the date of 
enactment of this Act; and 
(B) health insurance coverage offered, sold, issued, renewed, in effect, or 
operating in the individual market after one (1) year after the date of enactment of this 
Act. 
SECTION 11. Separability Cluuse. - If any provision or part thereof, is held 
invalid or unconstitutional, the reminder 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 instruction, administrative order, rule or regulation contrary t 0, 
or 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, 
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