I
104TH CONGRESS
1ST SESSION
H. R. 2748
To prohibit insurance providers from denying or canceling health insurance
coverage, or varying the premiums, terms, or conditions for health insur-
ance coverage on the basis of genetic information or a request for
genetic services, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 7, 1995
Ms. SLAUGHTER (for herself, Mr. ACKERMAN, Ms. BROWN of Florida, Ms.
DELAURO, Mr. DELLUMS, Mr. FALEOMAVAEGA, Mr. GEJDENSON, Ms.
JACKSON-LEE, Mr. JOHNSTON of Florida, Mr. LAFALCE, Ms. LOFGREN,
Mrs. LOWEY, Mrs. MALONEY, Mr. MCDERMOTT, Mrs. MEEK of Florida,
Mrs. MINK of Hawaii, Mrs. MORELLA, Mr. PAYNE of New Jersey, Ms.
PELOSI, Ms. RIVERS, Ms. ROYBAL-ALLARD, Mr. SERRANO, Mr. STOKES,
Ms. WATERS, and Mr. WATT of North Carolina) introduced the following
bill; which was referred to the Committee on Commerce, and in addition
to the Committee on Economic and Educational Opportunities, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the commit-
tee concerned
A BILL
To prohibit insurance providers from denying or canceling
health insurance coverage, or varying the premiums,
terms, or conditions for health insurance coverage on
the basis of genetic information or a request for genetic
services, and for other purposes.
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
Nondiscrimination in Health Insurance Act of 1995’’.
SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINA-
TION ON THE BASIS OF GENETIC INFORMA-
TION.
(a) IN GENERAL.—An insurance provider may not
deny or cancel health insurance coverage, or vary the pre-
miums, terms, or conditions for health insurance coverage,
for an individual or a family member of an individual—
(1) on the basis of genetic information; or
(2) on the basis that the individual or family
member of an individual has requested or received
genetic services.
(b) LIMITATION ON COLLECTION AND DISCLOSURE
OF INFORMATION.—
(1) IN GENERAL.—An insurance provider may
not request or require an individual to whom the
provider provides health insurance coverage, or an
individual who desires the provider to provide health
insurance coverage, to disclose to the provider ge-
netic information about the individual or family
member of the individual.
(2) REQUIREMENT
OF
PRIOR
AUTHORIZA-
TION.—An insurance provider may not disclose ge-
netic information about an individual without the
prior written authorization of the individual or legal
representative of the individual. Such authorization
is required for each disclosure and shall include an
identification of the person to whom the disclosure
would be made.
(c) ENFORCEMENT.—
(1) PLANS OTHER THAN EMPLOYEE HEALTH
BENEFIT
PLANS.—The requirements established
under subsections (a) and (b) shall be enforced by
the State insurance commissioner for the State in-
volved or the official or officials designated by the
State, except that in no case shall a State enforce
such requirements as they relate to employee health
benefit plans.
(2) EMPLOYEE
HEALTH
BENEFIT
PLANS.—
With respect to employee health benefit plans, the
Secretary shall enforce the requirements established
under subsections (a) and (b) in the same manner
as provided for under sections 502, 504, 506, and
510 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1132, 1134, 1136, and
1140).
(3) PRIVATE RIGHT OF ACTION.—A person may
bring a civil action—
(A) to enjoin any act or practice which vio-
lates subsection (a) or (b),
(B) to obtain other appropriate equitable
relief (i) to redress such violations, or (ii) to en-
force any such subsections, or
(C) to obtain other legal relief, including
monetary damages.
(4) JURISDICTION.—State courts of competent
jurisdiction and district courts of the United States
have concurrent jurisdiction of actions under this
subsection. The district courts of the United States
shall have jurisdiction, without respect to the
amount in controversy or the citizenship of the par-
ties, to grant the relief provided for in paragraph (3)
in any action.
(5) VENUE.—For purposes of this subsection
the venue provisions of section 1391 of title 28,
United States Code, shall apply.
(6) REGULATIONS.—The Secretary may pro-
mulgate such regulations as may be necessary or ap-
propriate to carry out this section.
(d) APPLICABILITY.—
(1) PREEMPTION OF STATE LAW.—A State may
establish or enforce requirements for insurance pro-
viders or health insurance coverage with respect to
the subject matter of this section, but only if such
requirements are more restrictive than the require-
ments established under subsections (a) and (b).
(2) RULE OF CONSTRUCTION.—Nothing in this
section shall be construed to affect or modify the
provisions of section 514 of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C.
1144).
(3) CONTINUATION.—Nothing in this section
shall be construed as requiring a group health plan
or an employee health benefit plan to provide bene-
fits to a particular participant or beneficiary.
(e) DEFINITIONS.—For purposes of this Act:
(1) EMPLOYEE HEALTH BENEFIT PLAN.—The
term ‘‘employee health benefit plan’’ means any em-
ployee welfare benefit plan, governmental plan, or
church plan (as defined under paragraphs (1), (32),
and (33) of section 3 of the Employee Retirement
Income Security Act of 1974 (29 U.S.C. 1002)) that
provides or pays for health insurance coverage (such
as provider and hospital benefits) whether—
(A) directly;
(B) through a group health plan; or
(C) otherwise.
(2) FAMILY MEMBER.—The term ‘‘family mem-
ber’’ means, with respect to an individual, another
individual related by blood to that individual.
(3) GENETIC
INFORMATION.—The term ‘‘ge-
netic information’’ means information about genes,
gene products, or inherited characteristics.
(4) GENETIC
SERVICES.—The term ‘‘genetic
services’’ means health services to obtain, assess,
and interpret genetic information for diagnostic and
therapeutic purposes, and for genetic education and
counselling.
(5) GROUP HEALTH PLAN.—The term ‘‘group
health plan’’ has the meaning given such term in
section 607 of the Employee Retirement Income Se-
curity Act of 1974 (29 U.S.C. 1167), and includes
a multiple employer welfare arrangement (as defined
in section 3(40) of such Act) that provides health in-
surance coverage.
(6) HEALTH INSURANCE COVERAGE.—The term
‘‘health insurance coverage’’ means a contractual ar-
rangement for the provision of a payment for health
care, including—
(A) a group health plan; and
(B) any other health insurance arrange-
ment, including any arrangement consisting of
a hospital or medical expense incurred policy or
certificate, hospital or medical service plan con-
tract, or health maintenance organization sub-
scriber contract.
(7) INDIVIDUAL HEALTH PLAN.—The term ‘‘in-
dividual health plan’’ means any health insurance
coverage offered to individuals that is not a group
health plan.
(8) INSURANCE PROVIDER.—The term ‘‘insur-
ance provider’’ means an insurer or other entity pro-
viding health insurance coverage.
(9) PERSON.—The term ‘‘person’’ includes cor-
porations, companies, associations, firms, partner-
ships, societies, and joint stock companies, as well as
individuals.
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Labor.
(11) STATE.—The term ‘‘State’’ means any of
the 50 States, the District of Columbia, Puerto Rico,
the Northern Mariana Islands, the Virgin Islands,
American Samoa, and Guam.
(f) TECHNICAL AMENDMENT.—Section 508 of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1138) is amended by inserting ‘‘and under the Ge-
netic Insurance Nondiscrimination in Health Insurance
Act of 1995’’ before the period.
(g) EFFECTIVE DATE.—This section shall apply to
health insurance coverage offered or renewed on or after
the end of the 90-day period beginning on the date of the
enactment of this Act.
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