the individual or a family member of the individual (in-
cluding information about a request for or receipt of ge-
netic services by an individual or family member of such 
individual). 
‘‘(c) GENETIC TESTING.— 
‘‘(1) LIMITATION ON REQUESTING OR REQUIR-
ING GENETIC TESTING.—A health insurance issuer 
offering health insurance coverage in the individual 
market shall not request or require an individual or 
a family member of such individual to undergo a ge-
netic test. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this part shall be construed to— 
‘‘(A) limit the authority of a health care 
professional who is providing health care serv-
ices with respect to an individual to request 
that such individual or a family member of such 
individual undergo a genetic test; 
‘‘(B) limit the authority of a health care 
professional who is employed by or affiliated 
with a health insurance issuer and who is pro-
viding health care services to an individual as 
part of a bona fide wellness program to notify 
such individual of the availability of a genetic
test or to provide information to such individual 
regarding such genetic test; or 
‘‘(C) authorize or permit a health care pro-
fessional to require that an individual undergo 
a genetic test.’’. 
(2) REMEDIES
AND
ENFORCEMENT.—Section 
2761(b) of the Public Health Service Act (42 U.S.C. 
300gg–61)(b)) is amended to read as follows: 
‘‘(b) SECRETARIAL ENFORCEMENT AUTHORITY.—
The Secretary shall have the same authority in relation 
to enforcement of the provisions of this part with respect 
to issuers of health insurance coverage in the individual 
market in a State as the Secretary has under section 
2722(b)(2), and section 2722(b)(3) with respect to viola-
tions of genetic nondiscrimination provisions, in relation 
to the enforcement of the provisions of part A with respect 
to issuers of health insurance coverage in the small group 
market in the State.’’. 
(c) ELIMINATION
OF OPTION
OF NON-FEDERAL 
GOVERNMENTAL PLANS TO BE EXCEPTED FROM RE-
QUIREMENTS CONCERNING GENETIC INFORMATION.—
Section 2721(b)(2) of the Public Health Service Act (42 
U.S.C. 300gg–21(b)(2)) is amended—
(1) in subparagraph (A), by striking ‘‘If the 
plan sponsor’’ and inserting ‘‘Except as provided in 
subparagraph (D), if the plan sponsor’’; and 
(2) by adding at the end the following: 
‘‘(D) ELECTION NOT APPLICABLE TO RE-
QUIREMENTS CONCERNING GENETIC INFORMA-
TION.—The election described in subparagraph 
(A) shall not be available with respect to the 
provisions of subsections (a)(1)(F) and (c) of 
section 2702 and the provisions of section 
2702(b) to the extent that such provisions 
apply to genetic information (or information 
about a request for or the receipt of genetic 
services by an individual or a family member of 
such individual).’’. 
(d) REGULATIONS AND EFFECTIVE DATE.— 
(1) REGULATIONS.—Not later than 1 year after 
the date of enactment of this title, the Secretary of 
Labor and the Secretary of Health and Human 
Services (as the case may be) shall issue final regu-
lations in an accessible format to carry out the 
amendments made by this section. 
(2) EFFECTIVE DATE.—The amendments made 
by this section shall apply—
(A) with respect to group health plans, and 
health insurance coverage offered in connection 
with group health plans, for plan years begin-
ning after the date that is 18 months after the 
date of enactment of this title; and 
(B) with respect to health insurance cov-
erage offered, sold, issued, renewed, in effect, or 
operated in the individual market after the date 
that is 18 months after the date of enactment 
of this title. 
SEC. 103. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SE-
CURITY ACT RELATING TO MEDIGAP. 
(a) NONDISCRIMINATION.— 
(1) IN
GENERAL.—Section 1882(s)(2) of the 
Social Security Act (42 U.S.C. 1395ss(s)(2)) is 
amended by adding at the end the following: 
‘‘(E)(i) An issuer of a medicare supple-
mental policy shall not deny or condition the 
issuance or effectiveness of the policy, and shall 
not discriminate in the pricing of the policy (in-
cluding the adjustment of premium rates) of an 
eligible individual on the basis of genetic infor-
mation concerning the individual (or informa-
tion about a request for, or the receipt of, ge-