SEC. 104. PRIVACY AND CONFIDENTIALITY. 
(a) APPLICABILITY.—Except as provided in sub-
section (d), the provisions of this section shall apply to 
group health plans, health insurance issuers (including 
issuers in connection with group health plans or individual 
health coverage), and issuers of medicare supplemental 
policies, without regard to— 
(1) section 732(a) of the Employee Retirement 
Income Security Act of 1974 (29 U.S.C. 1191a(a)); 
(2) section 2721(a) of the Public Health Serv-
ice Act (42 U.S.C. 300gg–21(a)); and 
(3) section 9831(a)(2) of the Internal Revenue 
Code of 1986. 
(b) COMPLIANCE WITH CERTAIN CONFIDENTIALITY 
STANDARDS WITH RESPECT
TO GENETIC INFORMA-
TION.— 
(1) IN GENERAL.—The regulations promulgated 
by the Secretary of Health and Human Services 
under part C of title XI of the Social Security Act 
(42 U.S.C. 1320d et seq.) and section 264 of the 
Health Insurance Portability and Accountability Act 
of 1996 (42 U.S.C. 1320d–2 note) shall apply to the 
use or disclosure of genetic information. 
(2) PROHIBITION ON UNDERWRITING AND PRE-
MIUM RATING.—Notwithstanding paragraph (1), a 
group health plan, a health insurance issuer, or
issuer of a medicare supplemental policy shall not 
use or disclose genetic information (including infor-
mation about a request for or a receipt of genetic 
services by an individual or family member of such 
individual) for purposes of underwriting, determina-
tions of eligibility to enroll, premium rating, or the 
creation, renewal or replacement of a plan, contract 
or coverage for health insurance or health benefits. 
(c) PROHIBITION ON COLLECTION OF GENETIC IN-
FORMATION.— 
(1) IN GENERAL.—A group health plan, health 
insurance issuer, or issuer of a medicare supple-
mental policy shall not request, require, or purchase 
genetic information (including information about a 
request for or a receipt of genetic services by an in-
dividual or family member of such individual) for 
purposes of underwriting, determinations of eligi-
bility to enroll, premium rating, or the creation, re-
newal or replacement of a plan, contract or coverage 
for health insurance or health benefits. 
(2) LIMITATION
RELATING
TO
THE
COLLEC-
TION OF GENETIC INFORMATION PRIOR TO ENROLL-
MENT.—A group health plan, health insurance 
issuer, or issuer of a medicare supplemental policy 
shall not request, require, or purchase genetic infor-
mation (including information about a request for or 
a receipt of genetic services by an individual or fam-
ily member of such individual) concerning a partici-
pant, beneficiary, or enrollee prior to the enrollment, 
and in connection with such enrollment, of such indi-
vidual under the plan, coverage, or policy. 
(3) INCIDENTAL COLLECTION.—Where a group 
health plan, health insurance issuer, or issuer of a 
medicare supplemental policy obtains genetic infor-
mation incidental to the requesting, requiring, or 
purchasing of other information concerning a partic-
ipant, beneficiary, or enrollee, such request, require-
ment, or purchase shall not be considered a violation 
of this subsection if— 
(A) such request, requirement, or purchase 
is not in violation of paragraph (1); and 
(B) any genetic information (including in-
formation about a request for or receipt of ge-
netic services) requested, required, or purchased 
is not used or disclosed in violation of sub-
section (b). 
(d) APPLICATION
OF
CONFIDENTIALITY
STAND-
ARDS.—The provisions of subsections (b) and (c) shall not 
apply—