I
105TH CONGRESS
1ST SESSION
H. R. 306
To prohibit discrimination against individuals and their family members on
the basis of genetic information, or a request for genetic services.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 7, 1997
Ms. SLAUGHTER (for herself, Mr. ABERCROMBIE, Mr. ACKERMAN, Mr.
BARRETT of Wisconsin, Ms. BROWN of Florida, Mr. BROWN of Califor-
nia, Mrs. CLAYTON, Ms. DANNER, Mr. DEFAZIO, Mr. DELLUMS, Ms.
ESHOO, Mr. EVANS, Mr. GEJDENSON, Mr. GONZALEZ, Mr. GREEN, Mr.
HILLIARD, Mr. HINCHEY, Ms. JACKSON-LEE of Texas, Mr. KENNEDY of
Massachusetts, Mr. KILDEE, Mr. LAFALCE, Mr. LEWIS of Georgia, Ms.
LOFGREN, Mrs. LOWEY, Mrs. MALONEY of New York, Mr. MCDERMOTT,
Mrs. MEEK of Florida, Mrs. MORELLA, Mr. NADLER, Mr. PAYNE, Ms.
PELOSI, Ms. RIVERS, Mr. SANDERS, Mr. SERRANO, Mr. SMITH of New
Jersey, Mr. STARK, Mrs. THURMAN, Mr. TOWNS, Ms. WATERS, Mr.
WAXMAN, Ms. DELAURO, Mr. MATSUI, Mr. WATT of North Carolina, and
Ms. ROYBAL-ALLARD) introduced the following bill; which was referred
to the Committee on Commerce, and in addition to the Committees on
Ways and Means, and Education and the Workforce, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee con-
cerned.
A BILL
To prohibit discrimination against individuals and their fam-
ily members on the basis of genetic information, or a
request for genetic services.
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 1997’’.
SEC. 2. AMENDMENTS TO EMPLOYEE RETIREMENT INCOME
SECURITY ACT OF 1974.
(a) IN GENERAL.—Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security
Act of 1974 is amended by inserting after section 712 the
following new section:
‘‘SEC. 713. PROHIBITION OF HEALTH INSURANCE DISCRIMI-
NATION ON THE BASIS OF GENETIC INFOR-
MATION.
‘‘(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