of the monitoring only in aggregate terms that 
do not disclose the identity of specific individ-
uals. 
(c) PRESERVATION OF PROTECTIONS.—In the case of 
information to which any of paragraphs (1) through (5) 
of subsection (b) applies, such information may not be used 
in violation of paragraph (1) or (2) of subsection (a) or 
treated or disclosed in a manner that violates section 206. 
SEC. 206. CONFIDENTIALITY OF GENETIC INFORMATION. 
(a) TREATMENT OF INFORMATION AS PART OF CON-
FIDENTIAL MEDICAL RECORD.—If an employer, employ-
ment agency, labor organization, or joint labor-manage-
ment committee possesses genetic information about an em-
ployee or member (or information about a request for or 
receipt of genetic services by such employee or member or 
family member of such employee or member), such informa-
tion shall be maintained on separate forms and in separate 
medical files and be treated as a confidential medical record 
of the employee or member. An employer, employment agen-
cy, labor organization, or joint labor-management com-
mittee shall be considered to be in compliance with the 
maintenance of information requirements of this subsection 
with respect to genetic information subject to this subsection 
that is maintained with and treated as a confidential med-
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ical record under section 102(d)(3)(B) of the Americans 
With Disabilities Act (42 U.S.C. 12112(d)(3)(B)). 
(b) LIMITATION ON DISCLOSURE.—An employer, em-
ployment agency, labor organization, or joint labor-man-
agement committee shall not disclose genetic information 
concerning an employee or member (or information about 
a request for or receipt of genetic services by such employee 
or member or family member of such employee or member) 
except— 
(1) to the employee or member of a labor organi-
zation (or family member if the family member is re-
ceiving the genetic services) at the written request of 
the employee or member of such organization; 
(2) to an occupational or other health researcher 
if the research is conducted in compliance with the 
regulations and protections provided for under part 
46 of title 45, Code of Federal Regulations; 
(3) in response to an order of a court, except 
that— 
(A) the employer, employment agency, labor 
organization, or joint labor-management com-
mittee may disclose only the genetic information 
expressly authorized by such order; and 
(B) if the court order was secured without 
the knowledge of the employee or member to 
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whom the information refers, the employer, em-
ployment agency, labor organization, or joint 
labor-management committee shall inform the 
employee or member of the court order and any 
genetic information that was disclosed pursuant 
to such order; 
(4) to government officials who are investigating 
compliance with this title if the information is rel-
evant to the investigation; or 
(5) to the extent that such disclosure is made in 
connection with the employee’s compliance with the 
certification provisions of section 103 of the Family 
and Medical Leave Act of 1993 (29 U.S.C. 2613) or 
such requirements under State family and medical 
leave laws. 
SEC. 207. REMEDIES AND ENFORCEMENT. 
(a) EMPLOYEES COVERED BY TITLE VII OF THE CIVIL 
RIGHTS ACT OF 1964.— 
(1) IN
GENERAL.—The powers, remedies, and 
procedures provided in sections 705, 706, 707, 709, 
710, and 711 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–4 et seq.) to the Commission, the Attor-
ney General, or any person, alleging a violation of 
title VII of that Act (42 U.S.C. 2000e et seq.) shall 
be the powers, remedies, and procedures this title pro-
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vides to the Commission, the Attorney General, or 
any person, respectively, alleging an unlawful em-
ployment practice in violation of this title against an 
employee described in section 201(2)(A)(i), except as 
provided in paragraphs (2) and (3). 
(2) COSTS
AND
FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) of 
section 722 of the Revised Statutes of the United 
States (42 U.S.C. 1988), shall be powers, remedies, 
and procedures this title provides to the Commission, 
the Attorney General, or any person, alleging such a 
practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
of such section 1977A, shall be powers, remedies, and 
procedures this title provides to the Commission, the 
Attorney General, or any person, alleging such a 
practice (not an employment practice specifically ex-
cluded from coverage under section 1977A(a)(1) of the 
Revised Statutes of the United States). 
(b) EMPLOYEES
COVERED
BY
GOVERNMENT
EM-
PLOYEE RIGHTS ACT OF 1991.— 
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(1) IN
GENERAL.—The powers, remedies, and 
procedures provided in sections 302 and 304 of the 
Government Employee Rights Act of 1991 (42 U.S.C. 
2000e–16b, 2000e–16c) to the Commission, or any 
person, alleging a violation of section 302(a)(1) of 
that Act (42 U.S.C. 2000e–16b(a)(1)) shall be the 
powers, remedies, and procedures this title provides to 
the Commission, or any person, respectively, alleging 
an unlawful employment practice in violation of this 
title against an employee described in section 
201(2)(A)(ii), except as provided in paragraphs (2) 
and (3). 
(2) COSTS
AND
FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) of 
section 722 of the Revised Statutes of the United 
States (42 U.S.C. 1988), shall be powers, remedies, 
and procedures this title provides to the Commission, 
or any person, alleging such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
of such section 1977A, shall be powers, remedies, and 
procedures this title provides to the Commission, or 
any person, alleging such a practice (not an employ-
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ment practice specifically excluded from coverage 
under section 1977A(a)(1) of the Revised Statutes of 
the United States). 
(c) EMPLOYEES COVERED
BY CONGRESSIONAL AC-
COUNTABILITY ACT OF 1995.— 
(1) IN
GENERAL.—The powers, remedies, and 
procedures provided in the Congressional Account-
ability Act of 1995 (2 U.S.C. 1301 et seq.) to the 
Board (as defined in section 101 of that Act (2 U.S.C. 
1301)), or any person, alleging a violation of section 
201(a)(1) of that Act (42 U.S.C. 1311(a)(1)) shall be 
the powers, remedies, and procedures this title pro-
vides to that Board, or any person, alleging an un-
lawful employment practice in violation of this title 
against 
an 
employee 
described 
in 
section 
201(2)(A)(iii), except as provided in paragraphs (2) 
and (3). 
(2) COSTS
AND
FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) of 
section 722 of the Revised Statutes of the United 
States (42 U.S.C. 1988), shall be powers, remedies, 
and procedures this title provides to that Board, or 
any person, alleging such a practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
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Statutes of the United States (42 U.S.C. 1981a), in-
cluding the limitations contained in subsection (b)(3) 
of such section 1977A, shall be powers, remedies, and 
procedures this title provides to that Board, or any 
person, alleging such a practice (not an employment 
practice specifically excluded from coverage under sec-
tion 1977A(a)(1) of the Revised Statutes of the United 
States). 
(4) OTHER APPLICABLE PROVISIONS.—With re-
spect to a claim alleging a practice described in para-
graph (1), title III of the Congressional Account-
ability Act of 1995 (2 U.S.C. 1381 et seq.) shall apply 
in the same manner as such title applies with respect 
to a claim alleging a violation of section 201(a)(1) of 
such Act (2 U.S.C. 1311(a)(1)). 
(d) EMPLOYEES COVERED BY CHAPTER 5 OF TITLE 
3, UNITED STATES CODE.— 
(1) IN
GENERAL.—The powers, remedies, and 
procedures provided in chapter 5 of title 3, United 
States Code, to the President, the Commission, the 
Merit Systems Protection Board, or any person, alleg-
ing a violation of section 411(a)(1) of that title, shall 
be the powers, remedies, and procedures this title pro-
vides to the President, the Commission, such Board, 
or any person, respectively, alleging an unlawful em-
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tion 1977A(a)(1) of the Revised Statutes of the United 
States). 
(f) DEFINITION.—In this section, the term ‘‘Commis-
sion’’ means the Equal Employment Opportunity Commis-
sion. 
SEC. 208. DISPARATE IMPACT. 
(a) GENERAL RULE.—Notwithstanding any other pro-
vision of this Act, ‘‘disparate impact’’, as that term is used 
in section 703(k) of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–2(k)), on the basis of genetic information does not 
establish a cause of action under this Act. 
(b) COMMISSION.—On the date that is 6 years after 
the date of enactment of this Act, there shall be established 
a commission, to be known as the Genetic Nondiscrimina-
tion Study Commission (referred to in this section as the 
‘‘Commission’’) to review the developing science of genetics 
and to make recommendations to Congress regarding wheth-
er to provide a disparate impact cause of action under this 
Act. 
(c) MEMBERSHIP.— 
(1) IN GENERAL.—The Commission shall be com-
posed of 8 members, of which— 
(A) 1 member shall be appointed by the Ma-
jority Leader of the Senate; 
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(B) 1 member shall be appointed by the Mi-
nority Leader of the Senate; 
(C) 1 member shall be appointed by the 
Chairman of the Committee on Health, Edu-
cation, Labor, and Pensions of the Senate; 
(D) 1 member shall be appointed by the 
ranking minority member of the Committee on 
Health, Education, Labor, and Pensions of the 
Senate; 
(E) 1 member shall be appointed by the 
Speaker of the House of Representatives; 
(F) 1 member shall be appointed by the Mi-
nority Leader of the House of Representatives; 
(G) 1 member shall be appointed by the 
Chairman of the Committee on Education and 
Labor of the House of Representatives; and 
(H) 1 member shall be appointed by the 
ranking minority member of the Committee on 
Education and Labor of the House of Represent-
atives. 
(2) COMPENSATION AND EXPENSES.—The mem-
bers of the Commission shall not receive compensation 
for the performance of services for the Commission, 
but shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for 
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employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from 
their homes or regular places of business in the per-
formance of services for the Commission. 
(d) ADMINISTRATIVE PROVISIONS.— 
(1) LOCATION.—The Commission shall be located 
in a facility maintained by the Equal Employment 
Opportunity Commission. 
(2) DETAIL OF GOVERNMENT EMPLOYEES.—Any 
Federal Government employee may be detailed to the 
Commission without reimbursement, and such detail 
shall be without interruption or loss of civil service 
status or privilege. 
(3) INFORMATION FROM FEDERAL AGENCIES.— 
The Commission may secure directly from any Fed-
eral department or agency such information as the 
Commission considers necessary to carry out the pro-
visions of this section. Upon request of the Commis-
sion, the head of such department or agency shall fur-
nish such information to the Commission. 
(4) HEARINGS.—The Commission may hold such 
hearings, sit and act at such times and places, take 
such testimony, and receive such evidence as the Com-
mission considers advisable to carry out the objectives 
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of this section, except that, to the extent possible, the 
Commission shall use existing data and research. 
(5) POSTAL SERVICES.—The Commission may 
use the United States mails in the same manner and 
under the same conditions as other departments and 
agencies of the Federal Government. 
(e) REPORT.—Not later than 1 year after all of the 
members are appointed to the Commission under subsection 
(c)(1), the Commission shall submit to Congress a report 
that summarizes the findings of the Commission and makes 
such recommendations for legislation as are consistent with 
this Act. 
(f) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Equal Employment 
Opportunity Commission such sums as may be necessary 
to carry out this section. 
SEC. 209. CONSTRUCTION. 
(a) IN GENERAL.—Nothing in this title shall be con-
strued to— 
(1) limit the rights or protections of an indi-
vidual under any other Federal or State statute that 
provides equal or greater protection to an individual 
than the rights or protections provided for under this 
title, including the protections of an individual under 
the Americans with Disabilities Act of 1990 (42 
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U.S.C. 12101 et seq.) (including coverage afforded to 
individuals under section 102 of such Act (42 U.S.C. 
12112)), or under the Rehabilitation Act of 1973 (29 
U.S.C. 701 et seq.); 
(2)(A) limit the rights or protections of an indi-
vidual to bring an action under this title against an 
employer, employment agency, labor organization, or 
joint labor-management committee for a violation of 
this title; or 
(B) provide for enforcement of, or penalties for 
violation of, any requirement or prohibition applica-
ble to any employer, employment agency, labor orga-
nization, or joint labor-management committee the 
enforcement of which, or penalties for which, are pro-
vided under the amendments made by title I; 
(3) apply to the Armed Forces Repository of 
Specimen Samples for the Identification of Remains; 
(4) limit or expand the protections, rights, or ob-
ligations of employees or employers under applicable 
workers’ compensation laws; 
(5) limit the authority of a Federal department 
or agency to conduct or sponsor occupational or other 
health research that is conducted in compliance with 
the regulations contained in part 46 of title 45, Code 
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of Federal Regulations (or any corresponding or simi-
lar regulation or rule); 
(6) limit the statutory or regulatory authority of 
the Occupational Safety and Health Administration 
or the Mine Safety and Health Administration to 
promulgate or enforce workplace safety and health 
laws and regulations; or 
(7) require any specific benefit for an employee 
or member or a family member of an employee or 
member under any group health plan or health insur-
ance issuer offering group health insurance coverage 
in connection with a group health plan. 
(b) GENETIC INFORMATION OF A FETUS.—Any ref-
erence in this title to genetic information about or with re-
spect to an employee, individual, or family member of an 
individual shall, with respect to such an employee, indi-
vidual, or family member of an individual who is a preg-
nant woman, include genetic information of any fetus car-
ried by such pregnant woman. 
SEC. 210. MEDICAL INFORMATION THAT IS NOT GENETIC 
INFORMATION. 
An employer, employment agency, labor organization, 
or joint labor-management committee shall not be consid-
ered to be in violation of this title based on the use, acquisi-
tion, or disclosure of medical information that is not genetic 
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information about a manifested disease, disorder, or patho-
logical condition of an employee or member, including a 
manifested disease, disorder, or pathological condition that 
has or may have a genetic basis. 
SEC. 211. REGULATIONS. 
Not later than 1 year after the date of enactment of 
this title, the Commission shall issue final regulations to 
carry out this title. 
SEC. 212. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums as 
may be necessary to carry out this title (except for section 
208). 
SEC. 213. EFFECTIVE DATE. 
This title takes effect on the date that is 18 months 
after the date of enactment of this Act. 
TITLE III—MISCELLANEOUS 
PROVISION 
SEC. 301. SEVERABILITY. 
If any provision of this Act, an amendment made by 
this Act, or the application of such provision or amendment 
to any person or circumstance is held to be unconstitu-
tional, the remainder of this Act, the amendments made by 
this Act, and the application of such provisions to any per-
son or circumstance shall not be affected thereby. 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as 
the ‘‘Genetic Information Nondiscrimination 
Act of 2007’’. 
(b) TABLE OF CONTENTS.—The table of con-
tents of this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
TITLE I—GENETIC NONDISCRIMINATION IN HEALTH 
INSURANCE 
Sec. 101. Amendments to Employee Retirement Income Secu-
rity Act of 1974. 
Sec. 102. Amendments to the Public Health Service Act. 
Sec. 103. Amendments to the Internal Revenue Code of 1986. 
Sec. 104. Amendments to title XVIII of the Social Security Act 
relating to Medigap. 
Sec. 105. Privacy and confidentiality. 
Sec. 106. Assuring coordination. 
Sec. 107. Regulations; effective date. 
TITLE II—PROHIBITING EMPLOYMENT DISCRIMINATION 
ON THE BASIS OF GENETIC INFORMATION 
Sec. 201. Definitions. 
Sec. 202. Employer practices. 
Sec. 203. Employment agency practices. 
Sec. 204. Labor organization practices. 
Sec. 205. Training programs. 
Sec. 206. Confidentiality of genetic information. 
Sec. 207. Remedies and enforcement. 
Sec. 208. Disparate impact. 
Sec. 209. Construction. 
Sec. 210. Medical information that is not genetic information. 
Sec. 211. Regulations. 
Sec. 212. Authorization of appropriations. 
Sec. 213. Effective date. 
TITLE III—MISCELLANEOUS PROVISION 
Sec. 301. Severability. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
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(1) Deciphering the sequence of the 
human genome and other advances in ge-
netics open major new opportunities for 
medical progress. New knowledge about 
the genetic basis of illness will allow for 
earlier detection of illnesses, often before 
symptoms have begun. Genetic testing 
can allow individuals to take steps to re-
duce the likelihood that they will con-
tract a particular disorder. New knowl-
edge about genetics may allow for the de-
velopment of better therapies that are 
more effective against disease or have 
fewer side effects than current treat-
ments. These advances give rise to the 
potential misuse of genetic information 
to discriminate in health insurance and 
employment. 
(2) The early science of genetics be-
came the basis of State laws that pro-
vided for the sterilization of persons hav-
ing presumed genetic ‘‘defects’’ such as 
mental retardation, mental disease, epi-
lepsy, blindness, and hearing loss, among 
other conditions. The first sterilization 
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law was enacted in the State of Indiana 
in 1907. By 1981, a majority of States 
adopted sterilization laws to ‘‘correct’’ ap-
parent genetic traits or tendencies. Many 
of these State laws have since been re-
pealed, and many have been modified to 
include essential constitutional require-
ments of due process and equal protec-
tion. However, the current explosion in 
the science of genetics, and the history of 
sterilization laws by the States based on 
early genetic science, compels Congres-
sional action in this area. 
(3) Although genes are facially neu-
tral markers, many genetic conditions 
and disorders are associated with par-
ticular racial and ethnic groups and gen-
der. Because some genetic traits are most 
prevalent in particular groups, members 
of a particular group may be stigmatized 
or discriminated against as a result of 
that genetic information. This form of 
discrimination was evident in the 1970s, 
which saw the advent of programs to 
screen and identify carriers of sickle cell 
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anemia, a disease which afflicts African- 
Americans. Once again, State legislatures 
began to enact discriminatory laws in the 
area, and in the early 1970s began man-
dating genetic screening of all African 
Americans for sickle cell anemia, leading 
to discrimination and unnecessary fear. 
To alleviate some of this stigma, Congress 
in 1972 passed the National Sickle Cell 
Anemia Control Act, which withholds 
Federal funding from States unless sickle 
cell testing is voluntary. 
(4) Congress has been informed of ex-
amples of genetic discrimination in the 
workplace. These include the use of pre- 
employment genetic screening at Law-
rence Berkeley Laboratory, which led to 
a court decision in favor of the employees 
in that case Norman-Bloodsaw v. Law-
rence Berkeley Laboratory (135 F.3d 
1260, 1269 (9th Cir. 1998)). Congress clear-
ly has a compelling public interest in re-
lieving the fear of discrimination and in 
prohibiting its actual practice in employ-
ment and health insurance. 
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(5) Federal law addressing genetic 
discrimination in health insurance and 
employment is incomplete in both the 
scope and depth of its protections. More-
over, while many States have enacted 
some type of genetic non-discrimination 
law, these laws vary widely with respect 
to their approach, application, and level 
of protection. Congress has collected sub-
stantial evidence that the American pub-
lic and the medical community find the 
existing patchwork of State and Federal 
laws to be confusing and inadequate to 
protect them from discrimination. There-
fore Federal legislation establishing a na-
tional and uniform basic standard is nec-
essary to fully protect the public from 
discrimination and allay their concerns 
about the potential for discrimination, 
thereby allowing individuals to take ad-
vantage of genetic testing, technologies, 
research, and new therapies. 
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TITLE 
I—GENETIC 
NON-
DISCRIMINATION IN HEALTH 
INSURANCE 
SEC. 101. AMENDMENTS TO EMPLOYEE RETIREMENT IN-
COME SECURITY ACT OF 1974. 
(a) PROHIBITION
OF HEALTH DISCRIMINA-
TION ON THE BASIS OF GENETIC INFORMATION OR 
GENETIC SERVICES.— 
(1) NO
ENROLLMENT
RESTRICTION
FOR 
GENETIC SERVICES.—Section 702(a)(1)(F) of 
the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1182(a)(1)(F)) is 
amended by inserting before the period 
the following: ‘‘(including information 
about a request for or receipt of genetic 
services by an individual or family mem-
ber of such individual)’’. 
(2) NO DISCRIMINATION IN GROUP PRE-
MIUMS
BASED
ON
GENETIC
INFORMATION.— 
Section 702(b) of the Employee Retire-
ment Income Security Act of 1974 (29 
U.S.C. 1182(b)) is amended— 
(A) in paragraph (2)(A), by insert-
ing before the semicolon the fol-
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lowing: ‘‘except as provided in para-
graph (3)’’; and 
(B) by adding at the end the fol-
lowing: 
‘‘(3) NO DISCRIMINATION IN GROUP PRE-
MIUMS
BASED
ON
GENETIC
INFORMATION.— 
For purposes of this section, a group 
health plan, or a health insurance issuer 
offering group health insurance coverage 
in connection with a group health plan, 
shall not adjust premium or contribution 
amounts for a group on the basis of ge-
netic information concerning an indi-
vidual in the group or a family member 
of the individual (including information 
about a request for or receipt of genetic 
services by an individual or family mem-
ber of such individual).’’. 
(b) LIMITATIONS ON GENETIC TESTING.—Sec-
tion 702 of the Employee Retirement Income 
Security Act of 1974 (29 U.S.C. 1182) is amend-
ed by adding at the end the following: 
‘‘(c) GENETIC TESTING.— 
‘‘(1) LIMITATION ON REQUESTING OR RE-
QUIRING GENETIC TESTING.—A group health 
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plan, or a health insurance issuer offer-
ing health insurance coverage in connec-
tion with a group health plan, shall not 
request or require an individual or a fam-
ily member of such individual to undergo 
a genetic test. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing 
in this part shall be construed to— 
‘‘(A) limit the authority of a 
health care professional who is pro-
viding health care services with re-
spect 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 em-
ployed by or affiliated with a group 
health plan or a health insurance 
issuer and who is providing health 
care services to an individual as part 
of a bona fide wellness program to 
notify such individual of the avail-
ability of a genetic test or to provide 
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information to such individual re-
garding such genetic test; or 
‘‘(C) authorize or permit a health 
care professional to require that an 
individual undergo a genetic test. 
‘‘(d) APPLICATION TO ALL PLANS.—The pro-
visions of subsections (a)(1)(F), (b)(3), and (c) 
shall apply to group health plans and health 
insurance issuers without regard to section 
732(a).’’. 
(c) REMEDIES AND ENFORCEMENT.—Section 
502 of the Employee Retirement Income Secu-
rity Act of 1974 (29 U.S.C. 1132) is amended by 
adding at the end the following: 
‘‘(n) 
ENFORCEMENT
OF
GENETIC
NON-
DISCRIMINATION REQUIREMENTS.— 
‘‘(1) INJUNCTIVE
RELIEF
FOR
IRREP-
ARABLE HARM.—With respect to any viola-
tion of subsection (a)(1)(F), (b)(3), or (c) of 
section 702, a participant or beneficiary 
may 
seek 
relief 
under 
subsection 
502(a)(1)(B) prior to the exhaustion of 
available administrative remedies under 
section 503 if it is demonstrated to the 
court, by a preponderance of the evi-
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dence, that the exhaustion of such rem-
edies would cause irreparable harm to 
the health of the participant or bene-
ficiary. Any determinations that already 
have been made under section 503 in 
such case, or that are made in such case 
while an action under this paragraph is 
pending, shall be given due consideration 
by the court in any action under this sub-
section in such case. 
‘‘(2) EQUITABLE
RELIEF
FOR
GENETIC 
NONDISCRIMINATION.— 
‘‘(A) REINSTATEMENT
OF
BENEFITS 
WHERE
EQUITABLE
RELIEF
HAS
BEEN 
AWARDED.—The recovery of benefits 
by a participant or beneficiary under 
a civil action under this section may 
include an administrative penalty 
under subparagraph (B) and the ret-
roactive reinstatement of coverage 
under the plan involved to the date 
on which the participant or bene-
ficiary was denied eligibility for cov-
erage if— 
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‘‘(i) the civil action was com-
menced 
under 
subsection 
(a)(1)(B); and 
‘‘(ii) the denial of coverage on 
which such civil action was based 
constitutes a violation of sub-
section (a)(1)(F), (b)(3), or (c) of 
section 702. 
‘‘(B) ADMINISTRATIVE PENALTY.— 
‘‘(i) IN GENERAL.—An adminis-
trator who fails to comply with 
the requirements of subsection 
(a)(1)(F), (b)(3), or (c) of section 
702 with respect to a participant 
or beneficiary may, in an action 
commenced 
under 
subsection 
(a)(1)(B), be personally liable in 
the discretion of the court, for a 
penalty in the amount not more 
than $100 for each day in the non-
compliance period. 
‘‘(ii) NONCOMPLIANCE PERIOD.— 
For purposes of clause (i), the 
term 
‘noncompliance 
period’ 
means the period— 
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‘‘(I) beginning on the date 
that a failure described in 
clause (i) occurs; and 
‘‘(II) ending on the date 
that such failure is corrected. 
‘‘(iii) PAYMENT TO PARTICIPANT 
OR
BENEFICIARY.—A penalty col-
lected under this subparagraph 
shall be paid to the participant or 
beneficiary involved. 
‘‘(3) SECRETARIAL
ENFORCEMENT
AU-
THORITY.— 
‘‘(A) 
GENERAL
RULE.—The 
Sec-
retary has the authority to impose a 
penalty on any failure of a group 
health plan to meet the requirements 
of subsection (a)(1)(F), (b)(3), or (c) of 
section 702. 
‘‘(B) AMOUNT.— 
‘‘(i) IN GENERAL.—The amount 
of the penalty imposed by sub-
paragraph (A) shall be $100 for 
each day in the noncompliance 
period with respect to each indi-
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102 
reasonable cause and not to will-
ful neglect, the penalty imposed 
by subparagraph (A) for failures 
shall not exceed the amount equal 
to the lesser of— 
‘‘(I) 10 percent of the ag-
gregate amount paid or in-
curred by the employer (or 
predecessor employer) during 
the preceding taxable year for 
group health plans; or 
‘‘(II) $500,000. 
‘‘(E) WAIVER BY SECRETARY.—In the 
case of a failure which is due to rea-
sonable cause and not to willful ne-
glect, the Secretary may waive part 
or all of the penalty imposed by sub-
paragraph (A) to the extent that the 
payment of such penalty would be ex-
cessive relative to the failure in-
volved.’’. 
(d) DEFINITIONS.—Section 733(d) of the 
Employee Retirement Income Security Act of 
1974 (29 U.S.C. 1191b(d)) is amended by add-
ing at the end the following: 
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103 
‘‘(5) FAMILY MEMBER.—The term ‘fam-
ily member’ means with respect to an in-
dividual— 
‘‘(A) the spouse of the individual; 
‘‘(B) a dependent child of the indi-
vidual, including a child who is born 
to or placed for adoption with the in-
dividual; and 
‘‘(C) all other individuals related 
by blood to the individual or the 
spouse or child described in subpara-
graph (A) or (B). 
‘‘(6) GENETIC INFORMATION.— 
‘‘(A) IN GENERAL.—Except as pro-
vided in subparagraph (B), the term 
‘genetic information’ means informa-
tion about— 
‘‘(i) an individual’s genetic 
tests; 
‘‘(ii) the genetic tests of family 
members of the individual; or 
‘‘(iii) the occurrence of a dis-
ease or disorder in family mem-
bers of the individual. 
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104 
‘‘(B) EXCLUSIONS.—The term ‘ge-
netic information’ shall not include 
information about the sex or age of 
an individual. 
‘‘(7) GENETIC TEST.— 
‘‘(A) IN
GENERAL.—The term ‘ge-
netic test’ means an analysis of 
human DNA, RNA, chromosomes, pro-
teins, or metabolites, that detects 
genotypes, 
mutations, 
or 
chromo-
somal changes. 
‘‘(B) EXCEPTIONS.—The term ‘ge-
netic test’ does not mean— 
‘‘(i) an analysis of proteins or 
metabolites that does not detect 
genotypes, mutations, or chromo-
somal changes; or 
‘‘(ii) an analysis of proteins or 
metabolites that is directly re-
lated to a manifested disease, dis-
order, or pathological condition 
that could reasonably be detected 
by a health care professional with 
appropriate training and exper-
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105 
tise in the field of medicine in-
volved. 
‘‘(8) GENETIC SERVICES.—The term ‘ge-
netic services’ means— 
‘‘(A) a genetic test; 
‘‘(B) genetic counseling (such as 
obtaining, interpreting, or assessing 
genetic information); or 
‘‘(C) genetic education.’’. 
(e) REGULATIONS AND EFFECTIVE DATE.— 
(1) REGULATIONS.—Not later than 1 
year after the date of enactment of this 
title, the Secretary of Labor shall issue 
final regulations in an accessible format 
to carry out the amendments made by 
this section. 
(2) EFFECTIVE DATE.—The amendments 
made by this section shall apply with re-
spect to group health plans for plan years 
beginning after the date that is 18 
months after the date of enactment of 
this title. 
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106 
SEC. 102. AMENDMENTS TO THE PUBLIC HEALTH SERVICE 
ACT. 
(a) AMENDMENTS RELATING TO THE GROUP 
MARKET.— 
(1) PROHIBITION OF HEALTH DISCRIMINA-
TION
ON
THE
BASIS
OF
GENETIC
INFORMA-
TION OR GENETIC SERVICES.— 
(A) NO
ENROLLMENT
RESTRICTION 
FOR
GENETIC
SERVICES.—Section 
2702(a)(1)(F) of the Public Health 
Service 
Act 
(42 
U.S.C. 
300gg– 
1(a)(1)(F)) is amended by inserting 
before the period the following: ‘‘(in-
cluding information about a request 
for or receipt of genetic services by 
an individual or family member of 
such individual)’’. 
(B) NO
DISCRIMINATION
IN
GROUP 
PREMIUMS BASED ON GENETIC INFORMA-
TION.—Section 2702(b) of the Public 
Health Service Act (42 U.S.C. 300gg– 
1(b)) is amended— 
(i) in paragraph (2)(A), by in-
serting before the semicolon the 
following: ‘‘, except as provided in 
paragraph (3)’’; and 
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107 
(ii) by adding at the end the 
following: 
‘‘(3) NO DISCRIMINATION IN GROUP PRE-
MIUMS
BASED
ON
GENETIC
INFORMATION.— 
For purposes of this section, a group 
health plan, or a health insurance issuer 
offering group health insurance coverage 
in connection with a group health plan, 
shall not adjust premium or contribution 
amounts for a group on the basis of ge-
netic information concerning an indi-
vidual in the group or a family member 
of the individual (including information 
about a request for or receipt of genetic 
services by an individual or family mem-
ber of such individual).’’. 
(2) LIMITATIONS ON GENETIC TESTING.— 
Section 2702 of the Public Health Service 
Act (42 U.S.C. 300gg–1) is amended by 
adding at the end the following: 
‘‘(c) GENETIC TESTING.— 
‘‘(1) LIMITATION ON REQUESTING OR RE-
QUIRING GENETIC TESTING.—A group health 
plan, or a health insurance issuer offer-
ing health insurance coverage in connec-
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108 
tion with a group health plan, shall not 
request or require an individual or a fam-
ily member of such individual to undergo 
a genetic test. 
‘‘(2) RULE OF CONSTRUCTION.—Nothing 
in this part shall be construed to— 
‘‘(A) limit the authority of a 
health care professional who is pro-
viding health care services with re-
spect 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 em-
ployed by or affiliated with a group 
health plan or a health insurance 
issuer and who is providing health 
care services to an individual as part 
of a bona fide wellness program to 
notify such individual of the avail-
ability of a genetic test or to provide 
information to such individual re-
garding such genetic test; or 
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109 
‘‘(C) authorize or permit a health 
care professional to require that an 
individual undergo a genetic test. 
‘‘(d) APPLICATION TO ALL PLANS.—The pro-
visions of subsections (a)(1)(F), (b)(3), and (c) 
shall apply to group health plans and health 
insurance issuers without regard to section 
2721(a).’’. 
(3) REMEDIES AND ENFORCEMENT.—Sec-
tion 2722(b) of the Public Health Service 
Act (42 U.S.C. 300gg–22(b)) is amended by 
adding at the end the following: 
‘‘(3) ENFORCEMENT
AUTHORITY
RELAT-
ING TO GENETIC DISCRIMINATION.— 
‘‘(A) GENERAL RULE.—In the cases 
described in paragraph (1), notwith-
standing the provisions of paragraph 
(2)(C), the following provisions shall 
apply with respect to an action under 
this subsection by the Secretary with 
respect to any failure of a health in-
surance issuer in connection with a 
group health plan, to meet the re-
quirements of subsection (a)(1)(F), 
(b)(3), or (c) of section 2702. 
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110 
‘‘(B) AMOUNT.— 
‘‘(i) IN GENERAL.—The amount 
of the penalty imposed under this 
paragraph shall be $100 for each 
day in the noncompliance period 
with respect to each individual to 
whom such failure relates. 
‘‘(ii) NONCOMPLIANCE PERIOD.— 
For purposes of this paragraph, 
the term ‘noncompliance period’ 
means, with respect to any fail-
ure, the period— 
‘‘(I) beginning on the date 
such failure first occurs; and 
‘‘(II) ending on the date 
such failure is corrected. 
‘‘(C) MINIMUM
PENALTIES
WHERE 
FAILURE
DISCOVERED.—Notwith-
standing clauses (i) and (ii) of sub-
paragraph (D): 
‘‘(i) IN
GENERAL.—In the case 
of 1 or more failures with respect 
to an individual— 
‘‘(I) which are not cor-
rected before the date on 
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111 
which the plan receives a no-
tice from the Secretary of 
such violation; and 
‘‘(II) which occurred or 
continued during the period 
involved; 
the amount of penalty imposed by 
subparagraph (A) by reason of 
such failures with respect to such 
individual shall not be less than 
$2,500. 
‘‘(ii) HIGHER MINIMUM PENALTY 
WHERE VIOLATIONS ARE MORE THAN 
DE MINIMIS.—To the extent viola-
tions for which any person is lia-
ble under this paragraph for any 
year are more than de minimis, 
clause (i) shall be applied by sub-
stituting ‘$15,000’ for ‘$2,500’ with 
respect to such person. 
‘‘(D) LIMITATIONS.— 
‘‘(i) PENALTY
NOT
TO
APPLY 
WHERE
FAILURE
NOT
DISCOVERED 
EXERCISING
REASONABLE
DILI-
GENCE.—No penalty shall be im-
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112 
posed by subparagraph (A) on any 
failure during any period for 
which it is established to the sat-
isfaction of the Secretary that the 
person otherwise liable for such 
penalty did not know, and exer-
cising reasonable diligence would 
not have known, that such failure 
existed. 
‘‘(ii) PENALTY NOT TO APPLY TO 
FAILURES
CORRECTED
WITHIN
CER-
TAIN PERIODS.—No penalty shall be 
imposed by subparagraph (A) on 
any failure if— 
‘‘(I) such failure was due 
to reasonable cause and not 
to willful neglect; and 
‘‘(II) such failure is cor-
rected during the 30-day pe-
riod beginning on the first 
date the person otherwise lia-
ble for such penalty knew, or 
exercising 
reasonable 
dili-
gence would have known, that 
such failure existed. 
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113 
‘‘(iii) OVERALL LIMITATION FOR 
UNINTENTIONAL
FAILURES.—In the 
case of failures which are due to 
reasonable cause and not to will-
ful neglect, the penalty imposed 
by subparagraph (A) for failures 
shall not exceed the amount equal 
to the lesser of— 
‘‘(I) 10 percent of the ag-
gregate amount paid or in-
curred by the employer (or 
predecessor employer) during 
the preceding taxable year for 
group health plans; or 
‘‘(II) $500,000. 
‘‘(E) WAIVER BY SECRETARY.—In the 
case of a failure which is due to rea-
sonable cause and not to willful ne-
glect, the Secretary may waive part 
or all of the penalty imposed by sub-
paragraph (A) to the extent that the 
payment of such penalty would be ex-
cessive relative to the failure in-
volved.’’. 
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114 
(4) DEFINITIONS.—Section 2791(d) of 
the Public Health Service Act (42 U.S.C. 
300gg–91(d)) is amended by adding at the 
end the following: 
‘‘(15) FAMILY MEMBER.—The term ‘fam-
ily member’ means with respect to an in-
dividual— 
‘‘(A) the spouse of the individual; 
‘‘(B) a dependent child of the indi-
vidual, including a child who is born 
to or placed for adoption with the in-
dividual; and 
‘‘(C) all other individuals related 
by blood to the individual or the 
spouse or child described in subpara-
graph (A) or (B). 
‘‘(16) GENETIC INFORMATION.— 
‘‘(A) IN GENERAL.—Except as pro-
vided in subparagraph (B), the term 
‘genetic information’ means informa-
tion about— 
‘‘(i) an individual’s genetic 
tests; 
‘‘(ii) the genetic tests of family 
members of the individual; or 
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115 
‘‘(iii) the occurrence of a dis-
ease or disorder in family mem-
bers of the individual. 
‘‘(B) EXCLUSIONS.—The term ‘ge-
netic information’ shall not include 
information about the sex or age of 
an individual. 
‘‘(17) GENETIC TEST.— 
‘‘(A) IN
GENERAL.—The term ‘ge-
netic test’ means an analysis of 
human DNA, RNA, chromosomes, pro-
teins, or metabolites, that detects 
genotypes, 
mutations, 
or 
chromo-
somal changes. 
‘‘(B) EXCEPTIONS.—The term ‘ge-
netic test’ does not mean— 
‘‘(i) an analysis of proteins or 
metabolites that does not detect 
genotypes, mutations, or chromo-
somal changes; or 
‘‘(ii) an analysis of proteins or 
metabolites that is directly re-
lated to a manifested disease, dis-
order, or pathological condition 
that could reasonably be detected 
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119 
provide information to such indi-
vidual regarding such genetic test; or 
‘‘(C) authorize or permit a health 
care professional to require that an 
individual undergo a genetic test.’’. 
(2) REMEDIES AND ENFORCEMENT.—Sec-
tion 2761(b) of the Public Health Service 
Act (42 U.S.C. 300gg–61(b)) is amended to 
read as follows: 
‘‘(b) SECRETARIAL ENFORCEMENT AUTHOR-
ITY.—The Secretary shall have the same au-
thority in relation to enforcement of the pro-
visions 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 
violations 
of 
genetic 
non-
discrimination provisions, in relation to the 
enforcement of the provisions of part A with 
respect to issuers of health insurance cov-
erage in the small group market in the State.’’. 
(c) ELIMINATION
OF OPTION
OF NON-FED-
ERAL GOVERNMENTAL PLANS TO BE EXCEPTED 
FROM REQUIREMENTS CONCERNING GENETIC IN-
FORMATION.—Section 2721(b)(2) of the Public 
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120 
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 ‘‘Ex-
cept as provided in subparagraph (D), if 
the plan sponsor’’; and 
(2) by adding at the end the fol-
lowing: 
‘‘(D) ELECTION NOT APPLICABLE TO 
REQUIREMENTS
CONCERNING
GENETIC 
INFORMATION.—The election described 
in subparagraph (A) shall not be 
available with respect to the provi-
sions 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 in-
formation (or information about a re-
quest 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 Sec-
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121 
retary of Health and Human Services (as 
the case may be) shall issue final regula-
tions 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 beginning 
after the date that is 18 months after 
the date of enactment of this title; 
and 
(B) with respect to health insur-
ance coverage offered, sold, issued, 
renewed, in effect, or operated in the 
individual market after the date that 
is 18 months after the date of enact-
ment of this title. 
SEC. 103. AMENDMENTS TO THE INTERNAL REVENUE CODE 
OF 1986. 
(a) NO DISCRIMINATION IN GROUP PREMIUMS 
BASED ON GENETIC INFORMATION.—Subsection 
(b) of section 9802 of the Internal Revenue 
Code of 1986 is amended— 
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122 
(1) in paragraph (2)(A), by inserting 
before the semicolon the following: ‘‘ex-
cept as provided in paragraph (3)’’; and 
(2) by adding at the end the fol-
lowing: 
‘‘(3) NO
GROUP-BASED
DISCRIMINATION 
ON
BASIS
OF
GENETIC
INFORMATION.—For 
purposes of this section, a group health 
plan may not adjust premium or con-
tribution amounts for the group covered 
under such plan on the basis of genetic 
information.’’. 
(b) LIMITATIONS ON GENETIC TESTING AND 
COLLECTION
OF GENETIC INFORMATION.—Sec-
tion 9802 of such Code is amended by redesig-
nating subsection (c) as subsection (f) and by 
inserting after subsection (b) the following 
new subsections: 
‘‘(c) GENETIC TESTING.— 
‘‘(1) LIMITATION ON REQUESTING OR RE-
QUIRING GENETIC TESTING.—A group health 
plan may not request or require an indi-
vidual or a family member of such indi-
vidual to undergo a genetic test. 
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123 
‘‘(2) EXCEPTION FOR HEALTH CARE PRO-
FESSIONALS.—Paragraph (1) shall not be 
construed to limit the authority of a 
health care professional who is providing 
health care services to an individual to 
request that such individual undergo a 
genetic test. 
‘‘(3) PROVISION
OF
INFORMATION
NOT 
PROHIBITED.—Paragraph (1) shall not be 
construed to limit the authority of a 
group health plan— 
‘‘(A) to provide information gen-
erally about the availability of ge-
netic tests, or 
‘‘(B) to provide information about 
genetic tests to a health care profes-
sional with respect to the treatment 
of an individual to whom such profes-
sional is providing health care serv-
ices. 
‘‘(d) PROHIBITION
ON COLLECTION
OF GE-
NETIC INFORMATION.— 
‘‘(1) IN GENERAL.—A group health plan 
shall not request, require, or purchase 
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124 
genetic information for purposes of un-
derwriting (as defined in section 9832). 
‘‘(2) PROHIBITION ON COLLECTION OF GE-
NETIC
INFORMATION
PRIOR
TO
ENROLL-
MENT.—A group health plan shall not re-
quest, require, or purchase genetic infor-
mation with respect to any individual 
prior to such individual’s enrollment 
under the plan or in connection with 
such enrollment. 
‘‘(3) 
INCIDENTAL
COLLECTION.—If 
a 
group health plan obtains genetic infor-
mation incidental to the requesting, re-
quiring, or purchasing of other informa-
tion concerning any individual, such re-
quest, requirement, or purchase shall not 
be considered a violation of paragraph 
(2) if such request, requirement, or pur-
chase is not in violation of paragraph (1). 
‘‘(e) APPLICATION TO ALL PLANS.—The pro-
visions of subsections (a)(1)(F), (b)(3), (c), and 
(d) shall apply to group health plans without 
regard to section 9831(a).’’. 
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126 
‘‘(iii) the occurrence of a dis-
ease or disorder in family mem-
bers of such individual. 
‘‘(B) INCLUSION
OF
GENETIC
SERV-
ICES AND PARTICIPATION IN GENETIC RE-
SEARCH.—Such term includes, with re-
spect to any individual, any request 
for genetic services, receipt of genetic 
services, or participation in any clin-
ical research, or any other program, 
which includes genetic services, by 
such individual or any family mem-
ber of such individual. 
‘‘(C) EXCLUSIONS.—The term ‘ge-
netic information’ shall not include 
information about the sex or age of 
any individual. 
‘‘(D) APPLICATION TO FAMILY MEM-
BERS COVERED UNDER SAME PLAN.—In-
formation described in clause (iii) of 
subparagraph (A) shall not be treated 
as genetic information to the extent 
that such information is taken into 
account only with respect to the indi-
vidual in which such disease or dis-
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127 
order occurs and not as genetic infor-
mation with respect to any other in-
dividual. 
‘‘(8) GENETIC TEST.— 
‘‘(A) IN
GENERAL.—The term ‘ge-
netic test’ means an analysis of 
human DNA, RNA, chromosomes, pro-
teins, or metabolites, that detects 
genotypes, 
mutations, 
or 
chromo-
somal changes. 
‘‘(B) EXCEPTIONS.—The term ‘ge-
netic test’ does not mean— 
‘‘(i) an analysis of proteins or 
metabolites that does not detect 
genotypes, mutations, or chromo-
somal changes, or 
‘‘(ii) an analysis of proteins or 
metabolites that is directly re-
lated to a manifested disease, dis-
order, or pathological condition 
that could reasonably be detected 
by a health care professional with 
appropriate training and exper-
tise in the field of medicine in-
volved. 
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128 
‘‘(9) GENETIC SERVICES.—The term ‘ge-
netic services’ means— 
‘‘(A) a genetic test, 
‘‘(B) genetic counseling (such as 
obtaining, interpreting, or assessing 
genetic information), and 
‘‘(C) genetic education. 
‘‘(10) UNDERWRITING.—The term ‘un-
derwriting’ means, with respect to any 
group health plan— 
‘‘(A) rules for eligibility (including 
enrollment and continued eligibility) 
for, or determination of, benefits 
under the plan, 
‘‘(B) the computation of premium 
or contribution amounts under the 
plan, 
‘‘(C) the application of any pre-ex-
isting condition exclusion under the 
plan, and 
‘‘(D) other activities related to the 
creation, renewal, or replacement of 
a contract of health insurance or 
health benefits.’’. 
(d) ENFORCEMENT.— 
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129 
(1) IN
GENERAL.—Subchapter C of 
chapter 100 of the Internal Revenue Code 
of 1986 (relating to general provisions) is 
amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 9834. ENFORCEMENT. 
‘‘For the imposition of tax on any failure 
of a group health plan to meet the require-
ments of this chapter, see section 4980D.’’. 
(2) 
CONFORMING
AMENDMENT.—The 
table of sections for subchapter C of 
chapter 100 of such Code is amended by 
adding at the end the following new item: 
‘‘Sec. 9834. Enforcement.’’. 
(e) REGULATIONS AND EFFECTIVE DATE.— 
(1) REGULATIONS.—The Secretary of 
the Treasury shall issue regulations or 
other guidance not later than 1 year after 
the date of the enactment of this Act to 
carry out the amendments made by this 
section. 
(2) EFFECTIVE DATE.—The amendments 
made by this section shall apply with re-
spect to group health plans for plan years 
beginning after the date that is 18 
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130 
months after the date of the enactment of 
this Act. 
SEC. 104. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SE-
CURITY ACT RELATING TO MEDIGAP. 
(a) 
NONDISCRIMINATION.—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) An issuer of a medicare supplemental 
policy shall not deny or condition the 
issuance or effectiveness of the policy (includ-
ing the imposition of any exclusion of benefits 
under the policy based on a pre-existing con-
dition) and shall not discriminate in the pric-
ing of the policy (including the adjustment of 
premium rates) of an individual on the basis 
of the genetic information with respect to 
such individual.’’. 
(b) LIMITATIONS ON GENETIC TESTING AND 
COLLECTION OF GENETIC INFORMATION.— 
(1) IN GENERAL.—Section 1882 of the 
Social Security Act (42 U.S.C. 1395ss) is 
amended by adding at the end the fol-
lowing: 
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131 
‘‘(x) LIMITATIONS ON GENETIC TESTING AND 
COLLECTION OF GENETIC INFORMATION.— 
‘‘(1) GENETIC TESTING.— 
‘‘(A) LIMITATION ON REQUESTING OR 
REQUIRING
GENETIC
TESTING.—An 
issuer of a medicare supplemental 
policy shall not request or require an 
individual or a family member of 
such individual to undergo a genetic 
test. 
‘‘(B) EXCEPTION FOR HEALTH CARE 
PROFESSIONALS.—Subparagraph 
(A) 
shall not be construed to limit the au-
thority of a health care professional 
who is providing health care services 
to an individual to request that such 
individual undergo a genetic test. 
‘‘(C) PROVISION
OF
INFORMATION 
NOT
PROHIBITED.—Subparagraph (A) 
shall not be construed to limit the au-
thority of an issuer of a medicare 
supplemental policy— 
‘‘(i) to provide information 
generally about the availability of 
genetic tests, or 
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132 
‘‘(ii) to provide information 
about genetic tests to a health 
care professional with respect to 
the treatment of an individual to 
whom such professional is pro-
viding health care services. 
‘‘(2) PROHIBITION ON COLLECTION OF GE-
NETIC INFORMATION.— 
‘‘(A) IN GENERAL.—An issuer of a 
medicare supplemental policy shall 
not request, require, or purchase ge-
netic information for purposes of un-
derwriting. 
‘‘(B) LIMITATION RELATING TO THE 
COLLECTION
OF
GENETIC
INFORMATION 
PRIOR TO ENROLLMENT.—An issuer of a 
medicare supplemental policy shall 
not request, require, or purchase ge-
netic information concerning any in-
dividual prior to such individual’s en-
rollment under the policy or in con-
nection with such enrollment. 
‘‘(C) 
INCIDENTAL
COLLECTION.— 
Where an issuer of a medicare supple-
mental policy obtains genetic infor-
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136 
‘‘(ii) genetic counseling (such 
as obtaining, interpreting, or as-
sessing genetic information); and 
‘‘(iii) genetic education. 
‘‘(E) 
UNDERWRITING.—The 
term 
‘underwriting’ means, with respect to 
a medicare supplemental policy— 
‘‘(i) rules for eligibility (in-
cluding enrollment and continued 
eligibility) for, or determination 
of, benefits under the policy; 
‘‘(ii) the computation of pre-
mium or contribution amounts 
under the policy; 
‘‘(iii) the application of any 
pre-existing condition exclusion 
under the policy; and 
‘‘(iv) other activities related to 
the creation, renewal, or replace-
ment of a contract of health in-
surance or health benefits. 
‘‘(F) ISSUER OF A MEDICARE SUPPLE-
MENTAL POLICY.—The term ‘issuer of a 
medicare 
supplemental 
policy’ 
in-
cludes a third-party administrator or 
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137 
other person acting for or on behalf 
of such issuer.’’. 
(2) CONFORMING AMENDMENT.—Section 
1882(o) of such Act (42 U.S.C. 1395ss(o)) is 
amended by adding at the end the fol-
lowing: 
‘‘(4) The issuer of the medicare sup-
plemental policy (as defined in sub-
section (x)) complies with subsection 
(s)(2)(E) and subsection (x).’’. 
(c) EFFECTIVE
DATE.—The amendments 
made by this section shall apply with respect 
to an issuer of a medicare supplemental pol-
icy for policy years beginning on or after the 
date that is 18 months after the date of enact-
ment of this Act. 
(d) TRANSITION PROVISIONS.— 
(1) IN
GENERAL.—If the Secretary of 
Health and Human Services identifies a 
State as requiring a change to its statutes 
or regulations to conform its regulatory 
program to the changes made by this sec-
tion, the State regulatory program shall 
not be considered to be out of compliance 
with the requirements of section 1882 of 
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138 
the Social Security Act due solely to fail-
ure to make such change until the date 
specified in paragraph (4). 
(2) NAIC 
STANDARDS.—If, not later 
than June 30, 2008, the National Associa-
tion of Insurance Commissioners (in this 
subsection referred to as the ‘‘NAIC’’) 
modifies its NAIC Model Regulation relat-
ing to section 1882 of the Social Security 
Act (referred to in such section as the 
1991 NAIC Model Regulation, as subse-
quently modified) to conform to the 
amendments made by this section, such 
revised 
regulation 
incorporating 
the 
modifications shall be considered to be 
the applicable NAIC model regulation (in-
cluding the revised NAIC model regula-
tion and the 1991 NAIC Model Regula-
tion) for the purposes of such section. 
(3) 
SECRETARY
STANDARDS.—If 
the 
NAIC does not make the modifications 
described in paragraph (2) within the pe-
riod specified in such paragraph, the Sec-
retary of Health and Human Services 
shall, not later than October 1, 2008, 
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139 
make the modifications described in such 
paragraph and such revised regulation 
incorporating the modifications shall be 
considered to be the appropriate regula-
tion for the purposes of such section. 
(4) DATE SPECIFIED.— 
(A) IN
GENERAL.—Subject to sub-
paragraph (B), the date specified in 
this paragraph for a State is the ear-
lier of— 
(i) the date the State changes 
its statutes or regulations to con-
form its regulatory program to 
the changes made by this section, 
or 
(ii) October 1, 2008. 
(B) ADDITIONAL
LEGISLATIVE
AC-
TION REQUIRED.—In the case of a State 
which the Secretary identifies as— 
(i) requiring State legislation 
(other 
than 
legislation 
appro-
priating funds) to conform its reg-
ulatory program to the changes 
made in this section, but 
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140 
(ii) having a legislature which 
is not scheduled to meet in 2008 
in a legislative session in which 
such legislation may be consid-
ered, the date specified in this 
paragraph is the first day of the 
first calendar quarter beginning 
after the close of the first legisla-
tive session of the State legisla-
ture that begins on or after July 
1, 2008. For purposes of the pre-
vious sentence, in the case of a 
State that has a 2-year legislative 
session, each year of such session 
shall be deemed to be a separate 
regular session of the State legis-
lature. 
SEC. 105. PRIVACY AND CONFIDENTIALITY. 
Part C of title XI of the Social Security Act 
is amended by adding at the end the following 
new section: 
‘‘APPLICATION OF HIPAA REGULATIONS TO 
GENETIC INFORMATION 
‘‘SEC. 1180. (a) IN GENERAL.—The Secretary 
of Health and Human Services shall revise the 
HIPAA privacy regulation (as defined in sub-
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141 
section (b)) so it is consistent with the fol-
lowing: 
‘‘(1) Genetic information shall be 
treated as health information described 
in section 1171(4)(B). 
‘‘(2) The use or disclosure by a cov-
ered entity that is a group health plan, 
health insurance issuer that issues health 
insurance coverage, or issuer of a medi-
care supplemental policy of protected 
health information that is genetic infor-
mation about an individual for under-
writing purposes under the plan, cov-
erage, or policy shall not be a permitted 
use or disclosure. 
‘‘(b) DEFINITIONS.—For purposes of this 
section: 
‘‘(1) GENETIC
INFORMATION; 
GENETIC 
TEST; FAMILY MEMBER.—The terms ‘genetic 
information’, ‘genetic test’, and ‘family 
member’ have the meanings given such 
terms in section 2791 of the Public Health 
Service 
Act 
(42 
U.S.C. 
300gg-91), 
as 
amended by the Genetic Information 
Nondiscrimination Act of 2007. 
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156 
(1) to fail or refuse to refer for em-
ployment, or otherwise to discriminate 
against, any individual because of genetic 
information with respect to the indi-
vidual (or information about a request 
for or the receipt of genetic services by 
such individual or family member of such 
individual); 
(2) to limit, segregate, or classify indi-
viduals or fail or refuse to refer for em-
ployment any individual in any way that 
would deprive or tend to deprive any in-
dividual of employment opportunities, or 
otherwise adversely affect the status of 
the individual as an employee, because of 
genetic information with respect to the 
individual (or information about a re-
quest for or the receipt of genetic serv-
ices by such individual or family member 
of such individual); or 
(3) to cause or attempt to cause an 
employer to discriminate against an indi-
vidual in violation of this title. 
(b) ACQUISITION
OF
GENETIC
INFORMA-
TION.—It shall be an unlawful employment 
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