derive from an individual or a family member of the
individual.
‘‘(2) GENETIC
SERVICES.—The term ‘genetic
services’ means health services provided to obtain,
assess, and interpret genetic information for diag-
nostic and therapeutic purposes, and for genetic
education and counselling.
‘‘(3) FAMILY
MEMBER.—The term ‘family
member’ means, with respect to an individual, an-
other individual related by blood to that individual,
or a spouse or adopted child of the individual.’’.
(b) DAMAGES.—Section 502(c) of such Act (29
U.S.C. 1132(c)) is amended by adding at the end the fol-
lowing new paragraph:
‘‘(7) Any group health plan (as defined in section
733(a)) and any health insurance issuer (as defined in sec-
tion 733(b)(2)) who fails to meet the requirements of sec-
tion 713 with respect to any participant, beneficiary, or
applicant referred to in such section may in the court’s
discretion be liable to such participant, beneficiary, or ap-
plicant for compensatory, consequential, and punitive
damages.’’.
(c) CLERICAL AMENDMENT.—The table of contents
in section 1 of such Act is amended by inserting after the
item relating to section 712 the following new item:
‘‘Sec. 713. Prohibition of health insurance discrimination on the basis of genetic
information.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to group health plans
for plan years beginning after 1 year after the date of
the enactment of this Act.
SEC. 3. AMENDMENTS TO THE PUBLIC HEALTH SERVICE
ACT.
(a) AMENDMENT RELATING TO THE GROUP MAR-
KET.—
(1) IN GENERAL.—Subpart 2 of part A of title
XXVII of the Public Health Service Act is amended
by inserting after section 2705 the following new
section:
‘‘SEC. 2706. PROHIBITION OF HEALTH INSURANCE DIS-
CRIMINATION ON THE BASIS OF GENETIC IN-
FORMATION.
‘‘(a) IN GENERAL.—In the case of benefits consisting
of medical care provided under a group health plan or in
the case of group health insurance coverage offered by a
health insurance issuer in connection with a group health
plan, the plan or issuer may not deny, cancel, or refuse
to renew such benefits or such coverage, or vary the pre-
miums, terms, or conditions for such benefits or such cov-
erage, for any participant or beneficiary under the plan—
‘‘(1) on the basis of genetic information; or
‘‘(2) on the basis that the participant or bene-
ficiary has requested or received genetic services.
‘‘(b) LIMITATION ON COLLECTION AND DISCLOSURE
OF INFORMATION.—
‘‘(1) IN GENERAL.—A group health plan, or a
health insurance issuer offering group health insur-
ance coverage in connection with a group health
plan, may not request or require a participant or
beneficiary (or an applicant for coverage as a partic-
ipant or beneficiary) to disclose to the plan or issuer
genetic information about the participant, bene-
ficiary, or applicant.
‘‘(2) REQUIREMENT
OF
PRIOR
AUTHORIZA-
TION.—A group health plan, or a health insurance
issuer offering health insurance coverage in connec-
tion with a group health plan, may not disclose ge-
netic information about a participant or beneficiary
(or an applicant for coverage as a participant or
beneficiary) without the prior written authorization
of the participant, beneficiary, or applicant or of the
legal representative thereof. Such authorization is
required for each disclosure and shall include an
identification of the person to whom the disclosure
would be made.
‘‘(c) DEFINITIONS.—For purposes of this section—
‘‘(1) GENETIC
INFORMATION.—The term ‘ge-
netic information’ means information about genes,
gene products, or inherited characteristics that may
derive from an individual or a family member of the
individual.
‘‘(2) GENETIC
SERVICES.—The term ‘genetic
services’ means health services provided to obtain,
assess, and interpret genetic information for diag-
nostic and therapeutic purposes, and for genetic
education and counselling.
‘‘(3) FAMILY
MEMBER.—The term ‘family
member’ means, with respect to an individual, an-
other individual related by blood to that individual,
or a spouse or adopted child of the individual.’’.
(2) EFFECTIVE DATE.—The amendment made
by this subsection shall apply with respect to group
health plans for plan years beginning after 1 year
after the date of the enactment of this Act.
(b) AMENDMENT RELATING
TO
THE INDIVIDUAL
MARKET.—
(1) IN GENERAL.—Subpart 3 of part B of title
XXVII of such Act is amended by inserting after
section 2751 the following new section:
‘‘SEC. 2752. PROHIBITION OF HEALTH INSURANCE DIS-
CRIMINATION ON THE BASIS OF GENETIC IN-
FORMATION.
‘‘The provisions of section 2705 shall apply to health
insurance coverage offered by a health insurance issuer
in the individual market in the same manner as it applies
to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small
or large group market.’’.
(2) EFFECTIVE DATE.—The amendment made
by this subsection shall apply with respect to health
insurance coverage offered, sold, issued, renewed, in
effect, or operated in the individual market after 1
year after the date of the enactment of this Act.
(c) ACTION FOR DAMAGES.—Section 2761 of such
Act (29 U.S.C. 300gg–61) is amended by adding at the
end the following new subsection:
‘‘(c) ACTION FOR DAMAGES
‘‘(1) IN
GENERAL.—In any case in which a
group health plan or a health insurance issuer fails
to meet the applicable requirements of section 2706
or 2752 with respect to any individual who is a plan
participant or beneficiary in such a plan, a covered
individual, or an applicant for coverage, such indi-
vidual may bring a civil action under this section. In
any such action, such plan or issuer may in the