SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINA-
TION ON THE BASIS OF GENETIC INFORMA-
TION.
(a) GROUP COVERAGE.—
(1) AMENDMENTS TO PUBLIC HEALTH SERVICE
ACT.—
(A) INCLUSION
OF
GENETIC
TESTING.—
Section 2702(a)(1)(F) of the Public Health
Service Act (42 U.S.C. 300gg–1(a)(1)(F)) is
amended by inserting ‘‘(or a request for, or re-
ceipt of, genetic information or a genetic test)’’
after ‘‘genetic information’’.
(B) LIMITATION ON COLLECTION AND DIS-
CLOSURE OF GENETIC INFORMATION.—Subpart
2 of part A of title XXVII of the Public Health
Service Act is amended by adding at the end
the following new section:
‘‘SEC. 2707. LIMITATION ON COLLECTION AND DISCLOSURE
OF GENETIC INFORMATION.
‘‘(a) LIMITATION ON COLLECTION.—A health insur-
ance issuer may not request or require an individual to
whom the issuer provides health insurance coverage in
connection with a group health plan (or an individual who
desires the issuer to provide health insurance coverage in
connection with a group health plan), and a group health
plan may not request or require a participant or bene-
ficiary under the plan (or an individual who desires to be-
come such a participant or beneficiary), to disclose any
genetic information or to obtain any genetic test.
‘‘(b) RESTRICTION ON DISCLOSURE.—Subject to sub-
section (c), a health insurance issuer in connection with
health insurance coverage offered in connection with a
group health plan and a group health plan may not dis-
close genetic information about an individual (regardless
of how the information was obtained) without a prior writ-
ten authorization of the individual (or legal representative
of the individual) that includes—
‘‘(1) a description of the information being dis-
closed,
‘‘(2) the name of the individual or person to
whom the disclosure is being made, and
‘‘(3) the purpose of the disclosure.
Such authorization is required for each disclosure.
‘‘(c) EXCEPTIONS TO DISCLOSURE RESTRICTION.—
Genetic information concerning an individual may be dis-
closed by a health insurance issuer or group health plan
if such disclosure—
‘‘(1) is authorized under criminal laws relating
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 crimi-
nal or juvenile proceeding, an inquest, or a child fa-
tality review by a multidisciplinary child abuse team;
‘‘(2) is required under the specific order of a
court;
‘‘(3) is authorized under law for the purpose of
establishing paternity;
‘‘(4) is for the purpose of furnishing genetic in-
formation relating to a decedent to the blood rel-
atives of the decedent for the purpose of medical di-
agnosis; or
‘‘(5) is for the purpose of identifying a body.
‘‘(d) NOTICE.—A group health plan under this part
shall comply with the notice requirement under section
714(d) of the Employee Retirement Income Security Act
of 1974 with respect to the requirements of this section
as if such section applied to such plan.’’.
(C) 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 fol-
lowing new paragraph:
‘‘(15) 
GENETIC
INFORMATION; 
GENETIC
TEST.—(A) The term ‘genetic information’ means
the information about genes, gene products, or in-
herited characteristics that may derive from an indi-
vidual or a blood-relative of the individual.
‘‘(B) The term ‘genetic test’ means a test for
determining the presence or absence of genetic char-
acteristics in an individual.’’.
(D) 
CONFORMING
AMENDMENT.—Section
2723(c) of such Act (42 U.S.C. 300gg–23(c)) is
amended by striking ‘‘section 2704’’ and inserting
‘‘sections 2704 and 2707’’.
(2) ERISA AMENDMENTS.—
(A) INCLUSION
OF
GENETIC
TESTING.—
Section 702(a)(1)(F) of the Employee Retire-
ment Income Security Act of 1974 (29 U.S.C.
1182(a)(1)(F)) is amended by inserting ‘‘(or a
request for, or receipt of, genetic information or
a genetic test)’’ after ‘‘genetic information’’.
(B) LIMITATION
ON
COLLECTION
AND
DISLOSURE OF GENETIC INFORMATION.—Sub-
part B of part 7 of subtitle B of title I of the
Employee Retirement Income Security Act of
1974 is amended by adding at the end the fol-
lowing new section:
‘‘SEC. 714. LIMITATION ON COLLECTION AND DISCLOSURE
OF GENETIC INFORMATION.
‘‘(a) LIMITATION ON COLLECTION.—A health insur-
ance issuer may not request or require an individual to
whom the issuer provides health insurance coverage in
connection with a group health plan (or an individual who
desires the issuer to provide health insurance coverage in
connection with a group health plan), and a group health
plan may not request or require a participant or bene-
ficiary under the plan (or an individual who desires to be-
come such a participant or beneficiary), to disclose any
genetic information or to obtain any genetic test.
‘‘(b) RESTRICTION ON DISCLOSURE.—Subject to sub-
section (c), a health insurance issuer in connection with
health insurance coverage offered in connection with a
group health plan and a group health plan may not dis-
close genetic information about an individual (regardless
of how the information was obtained) without a prior writ-
ten authorization of the individual (or legal representative
of the individual) that includes—
‘‘(1) a description of the information being dis-
closed,
‘‘(2) the name of the individual or person to
whom the disclosure is being made, and
‘‘(3) the purpose of the disclosure.
Such authorization is required for each disclosure.
‘‘(c) EXCEPTIONS TO DISCLOSURE RESTRICTION.—
Genetic information concerning an individual may be dis-
closed by a health insurance issuer or group health plan
if such disclosure—
‘‘(1) is authorized under criminal laws relating
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 crimi-
nal or juvenile proceeding, an inquest, or a child fa-
tality review by a multidisciplinary child abuse team;
‘‘(2) is required under the specific order of a
court;
‘‘(3) is authorized under law for the purpose of
establishing paternity;
‘‘(4) is for the purpose of furnishing genetic in-
formation relating to a decedent to the blood rel-
atives of the decedent for the purpose of medical di-
agnosis; or
‘‘(5) is for the purpose of identifying a body.
‘‘(d) NOTICE UNDER GROUP HEALTH PLAN.—The
imposition of the requirements of this section shall be
treated as a material modification in the terms of the plan
described in section 102(a)(1), for purposes of assuring
notice of such requirements under the plan; except that
the summary description required to be provided under the
last sentence of section 104(b)(1) with respect to such
modification shall be provided by not later than 60 days
after the first day of the first plan year in which such
requirements apply.’’.
(iii) The table of contents in section 1 of such
Act is amended by inserting after the item relating
to section 713 the following new item:
‘‘Sec. 714. Limitation on collection and disclosure of genetic information.’’.
(3) 
INTERNAL
REVENUE
CODE
AMEND-
MENTS.—
(A) 
GENETIC
INFORMATION.—Section
9802(a)(1)(F) of the Internal Revenue Code of
1986 is amended by inserting ‘‘(or a request
for, or receipt of, genetic information or a ge-
netic test)’’ after ‘‘genetic information’’.
(B) DEFINITIONS.—Section 9805(d) of
such Act is amended by adding at the end the
following new paragraph:
‘‘(6) GENETIC INFORMATION; GENETIC TEST.—
(A) The term ‘genetic information’ means the infor-
mation about genes, gene products, or inherited
characteristics that may derive from an individual or
a blood-relative of the individual.
‘‘(B) The term ‘genetic test’ means a test for
determining the presence or absence of genetic char-
acteristics in an individual.’’.
(b) INDIVIDUAL HEALTH INSURANCE.—Part B of
title XXVII of the Public Health Service Act is amended
by inserting after section 2752 the following new section:
‘‘SEC. 2753. LIMITATION ON COLLECTION AND DISCLOSURE
OF GENETIC INFORMATION.
‘‘(a) IN GENERAL.—The provisions of section 2707
(other than subsection (d)) shall apply to health insurance
coverage offered by a health insurance issuer in the indi-
vidual 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.
‘‘(b) NOTICE.—A health insurance issuer under this
part shall comply with the notice requirement under sec-
tion 714(d) of the Employee Retirement Income Security
Act of 1974 with respect to the requirements referred to
in subsection (a) as if such section applied to such issuer
and such issuer were a group health plan.’’.
(c) EFFECTIVE DATES.—(1) The amendments made
by subsection (a) shall apply with respect to group health
plans for plan years beginning on or after January 1,
2000.
(2) The amendment made by subsection (b) shall
apply with respect to health insurance coverage offered,
sold, issued, renewed, in effect, or operated in the individ-
ual market on or after such date.
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