I
104TH CONGRESS
2D SESSION
H. R. 4008
To prohibit health insurers and group health plans from discriminating
against individuals on the basis of genetic information.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 2, 1996
Mr. SOLOMON introduced the following bill; which was referred to the Commit-
tee on Commerce, and in addition to the Committee on Economic and
Educational Opportunities, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned
A BILL
To prohibit health insurers and group health plans from
discriminating against individuals on the basis of genetic
information.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Genetic Information
Health Insurance Nondiscrimination Act of 1996’’.
SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINA-
TION ON THE BASIS OF GENETIC INFORMA-
TION.
(a) IN GENERAL.—
(1) APPLICATION
TO
INSURERS.—An insurer
may not deny, cancel, or refuse to renew health in-
surance coverage, may not vary the premiums,
terms, or conditions for health insurance coverage,
and may not otherwise discriminate with respect to
an individual with respect to health insurance cov-
erage—
(A) on the basis of genetic information, or
(B) on the basis of the request for, or re-
ceipt of, genetic information or a genetic test.
(2) APPLICATION TO GROUP HEALTH PLANS.—
A group health plan may not establish rules relating
to who may be a participant or beneficiary with re-
spect to the plan, may not vary the premiums,
terms, or conditions for benefits under the plan, and
otherwise may not otherwise discriminate with re-
spect to a participant or beneficiary under the
plan—
(A) on the basis of genetic information, or
(B) on the basis of the request for, or re-
ceipt of, genetic information or a genetic test.
(b) LIMITATION ON COLLECTION AND DISCLOSURE
OF GENETIC INFORMATION.—
(1) LIMITATION ON COLLECTION.—An insurer
may not request or require an individual to whom
the insurer provides health insurance coverage (or
an individual who desires the insurer to provide
health insurance coverage), and a group health plan
may not request or require a participant or bene-
ficiary under the plan (or an individual who desires
to become such a participant or beneficiary), to dis-
close any genetic information or to obtain any ge-
netic test.
(2) RESTRICTION ON DISCLOSURE.—Subject to
paragraph (3), an insurer or group health plan may
not disclose genetic information about an individual
(regardless of how the information was obtained)
without a prior written authorization of the individ-
ual (or legal representative of the individual) that in-
cludes—
(A) a description of the information being
disclosed,
(B) the name of the individual or person to
whom the disclosure is being made, and
(C) the purpose of the disclosure.
Such authorization is required for each disclosure.
(3) EXCEPTIONS
TO
DISCLOSURE
RESTRIC-
TION.—Genetic information concerning an individual
may be disclosed by an insurer or group health plan
if such disclosure—
(A) is authorized under criminal laws re-
lating to the identification of individuals, or is
authorized under Federal or State law and is
necessary for the purpose of a criminal or death
investigation, a criminal or juvenile proceeding,
an inquest, or a child fatality review by a multi-
disciplinary child abuse team;
(B) is required under the specific order of
a court;
(C) is authorized under law for the pur-
pose of establishing paternity;
(D) is for the purpose of furnishing genetic
information relating to a decedent to the blood
relatives of the decedent for the purpose of
medical diagnosis; or
(E) is for the purpose of identifying a
body.
(c) DISCLOSURE
OF RIGHTS.—Each insurer and
group health plan shall provide for disclosure of the rights
under this section in such manner as the Secretary may
require.