court’s discretion be liable to such individual for
compensatory, consequential, and punitive damages.
‘‘(2) ADDITIONAL PROVISIONS.—For purposes
of this subsection, the provisions of subsections (d),
(e), (f), (g), (h), and (j) of section 502 of the Em-
ployee Retirement Income Security Act of 1974 shall
apply in connection with such action, the plaintiff in
such action, and the Secretary of Health and
Human Services in the same manner and to the
same extent as such provisions apply in connection
with actions under such section 502, plaintiffs in
such actions, and the Secretary of Labor.’’.
SEC. 4. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SE-
CURITY ACT RELATING TO MEDIGAP.
(a) IN GENERAL.—Section 1882(s)(2) of the Social
Security Act (42 U.S.C. 1395ss(s)) is amended by adding
at the end the following new subparagraph:
‘‘(D)(i) An issuer of a medicare supplemental policy
(as defined in section 1882(g)) may not deny or condition
the issuance or effectiveness of the policy, and may not
discriminate in the pricing of the policy of an eligible indi-
vidual—
‘‘(I) on the basis of genetic information; or
‘‘(II) on the basis that the individual or a fam-
ily member of the individual has requested or re-
ceived genetic services.
‘‘(ii) For purposes of this subparagraph—
‘‘(I) The term ‘genetic information’ means in-
formation about genes, gene products, or inherited
characteristics that may derive from an individual or
a family member of the individual.
‘‘(II) The term ‘genetic services’ means health
services provided to obtain, assess, and interpret ge-
netic information for diagnostic and therapeutic pur-
poses, and for genetic education and counselling.
‘‘(III) The term ‘family member’ means, with
respect to an individual, another individual related
by blood to that individual, or a spouse or adopted
child of the individual.’’.
(b) ACTION FOR DAMAGES.—Section 1882(s) of such
Act is amended further by adding at the end the following
new paragraph:
‘‘(4)(A) In any case in which a medicare supple-
mental policy fails to meet the applicable requirements of
paragraph (2)(D) respect to any individual who is a cov-
ered individual or an applicant for coverage, such individ-
ual may bring a civil action under this paragraph. In any
such action, issuer of such policy may in the court’s discre-
tion be liable to such individual for compensatory, con-
sequential, and punitive damages.
‘‘(B) For purposes of this paragraph, the provisions
of subsections (d), (e), (f), (g), (h), and (j) of section 502
of the Employee Retirement Income Security Act of 1974
shall apply in connection with such action, the plaintiff
in such action, and the Secretary of Health and Human
Services in the same manner and to the same extent as
such provisions apply in connection with actions under
such section 502, plaintiffs in such actions, and the Sec-
retary of Labor.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to medicare supple-
mental policies offered, sold, issued, renewed, in effect, or
operated in the individual market after 1 year after the
date of the enactment of this Act.
SEC. 5. AMENDMENTS OF INTERNAL REVENUE CODE OF
1986.
(a) IN GENERAL.—Chapter 100 of the Internal Reve-
nue Code of 1986 (relating to group health plan port-
ability, access, and renewability requirements) is amended
by adding at the end the following new subchapter:
‘‘Subchapter B—Prohibition of Discrimina-
tion By Group Health Plans on Basis of
Genetic Information
‘‘Sec. 9811. Prohibition of discrimination by group health plans
on basis of genetic information.
‘‘SEC. 9811. PROHIBITION OF DISCRIMINATION BY GROUP
HEALTH PLANS ON BASIS OF GENETIC IN-
FORMATION.
‘‘(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
derive from an individual or a family member of the
individual.
‘‘(2) GENETIC
SERVICES.—The term ‘genetic
services’ means health services provided to obtain,
assess, and interpret genetic information for diag-
nostic and therapeutic purposes, and for genetic
education and counselling.
‘‘(3) FAMILY
MEMBER.—The term ‘family
member’ means, with respect to an individual, an-
other individual related by blood to that individual,
or a spouse or adopted child of the individual.’’.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Paragraph (1) of section 4980D(f) of such
Code (relating to failure to meet certain group
health plan requirements) is amended by adding at
the end the following new sentence: ‘‘For purposes
of applying this section with respect to the require-
ments of subchapter B of chapter 100, the term
‘group health plan’ includes a health insurance is-
suer (within the meaning of section 9811).’’
(2) Chapter 100 of such Code is amended by
striking the chapter heading and inserting the fol-
lowing:
‘‘CHAPTER 100—REQUIREMENTS RELAT-
ING TO GROUP HEALTH PLANS, ETC.
‘‘Subchapter A. Group health plan portability, access, and renew-
ability requirements.
‘‘Subchapter B. Prohibition of discrimination by group health
plans on basis of genetic information.
‘‘Subchapter A—Group Health Plan Port-
ability, Access, and Renewability Re-
quirements’’.
(3) The table of chapters for such Code is
amended by striking the item relating to chapter
100 and inserting the following new item:
Chapter 100. Requirements relating to group health plans, etc.’’
(4) Subsection (a) of section 4980D of such
Code is amended by striking ‘‘(relating to group
health plan portability, access, and renewability re-
quirements)’’ and inserting ‘‘(relating to group
health plans, etc., requirements)’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to group health plans
for plan years beginning after 1 year after the date of
the enactment of this Act.
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