132 
‘‘APPLICATION OF HIPAA REGULATIONS TO GENETIC 
INFORMATION 
‘‘SEC. 1180. (a) IN GENERAL.—The Secretary shall 
revise the HIPAA privacy regulation (as defined in sub-
section (b)) so it is consistent with the following: 
‘‘(1) Genetic information shall be treated as 
health information described in section 1171(4)(B). 
‘‘(2) The use or disclosure by a covered entity 
that is a group health plan, health insurance issuer 
that issues health insurance coverage, or issuer of a 
medicare supplemental policy of protected health in-
formation that is genetic information about an indi-
vidual for underwriting purposes under the group 
health plan, health insurance coverage, or medicare 
supplemental 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 mean-
ings given such terms in section 2791 of the Public 
Health Service Act (42 U.S.C. 300gg–91), as 
amended by the Genetic Information Nondiscrimina-
tion Act of 2008.
133 
‘‘(2) GROUP
HEALTH
PLAN; HEALTH
INSUR-
ANCE COVERAGE; MEDICARE SUPPLEMENTAL POL-
ICY.—The terms ‘group health plan’ and ‘health in-
surance coverage’ have the meanings given such 
terms under section 2791 of the Public Health Serv-
ice Act (42 U.S.C. 300gg–91), and the term ‘medi-
care supplemental policy’ has the meaning given 
such term in section 1882(g). 
‘‘(3) HIPAA PRIVACY REGULATION.—The term 
‘HIPAA privacy regulation’ means the regulations 
promulgated by the Secretary under this part and 
section 264 of the Health Insurance Portability and 
Accountability Act of 1996 (42 U.S.C. 1320d–2 
note). 
‘‘(4) UNDERWRITING
PURPOSES.—The term 
‘underwriting purposes’ means, with respect to a 
group health plan, health insurance coverage, or a 
medicare supplemental policy— 
‘‘(A) rules for eligibility (including enroll-
ment and continued eligibility) for, or deter-
mination of, benefits under the plan, coverage, 
or policy; 
‘‘(B) the computation of premium or con-
tribution amounts under the plan, coverage, or 
policy;
134 
‘‘(C) the application of any pre-existing 
condition exclusion under the plan, coverage, or 
policy; and 
‘‘(D) other activities related to the cre-
ation, renewal, or replacement of a contract of 
health insurance or health benefits. 
‘‘(c) PROCEDURE.—The revisions under subsection 
(a) shall be made by notice in the Federal Register pub-
lished not later than 60 days after the date of the enact-
ment of this section and shall be effective upon publica-
tion, without opportunity for any prior public comment, 
but may be revised, consistent with this section, after op-
portunity for public comment. 
‘‘(d) ENFORCEMENT.—In addition to any other sanc-
tions or remedies that may be available under law, a cov-
ered entity that is a group health plan, health insurance 
issuer, or issuer of a medicare supplemental policy and 
that violates the HIPAA privacy regulation (as revised 
under subsection (a) or otherwise) with respect to the use 
or disclosure of genetic information shall be subject to the 
penalties described in sections 1176 and 1177 in the same 
manner and to the same extent that such penalties apply 
to violations of this part.’’. 
(b) REGULATIONS; EFFECTIVE DATE.—
135 
(1) REGULATIONS.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary 
of Health and Human Services shall issue final reg-
ulations to carry out the revision required by section 
1180(a) of the Social Security Act, as added by sub-
section (a). The Secretary has the sole authority to 
promulgate such regulations, but shall promulgate 
such regulations in consultation with the Secretaries 
of Labor and the Treasury. 
(2) EFFECTIVE DATE.—The amendment made 
by subsection (a) shall take effect on the date that 
is 18 months after the date of the enactment of this 
Act. 
SEC. 106. ASSURING COORDINATION. 
Except as provided in section 105(b)(1), the Sec-
retary of Health and Human Services, the Secretary of 
Labor, and the Secretary of the Treasury shall ensure, 
through the execution of an interagency memorandum of 
understanding among such Secretaries, that— 
(1) regulations, rulings, and interpretations 
issued by such Secretaries relating to the same mat-
ter over which two or more such Secretaries have re-
sponsibility under this title (and the amendments 
made by this title) are administered so as to have 
the same effect at all times; and
136 
(2) coordination of policies relating to enforcing 
the same requirements through such Secretaries in 
order to have a coordinated enforcement strategy 
that avoids duplication of enforcement efforts and 
assigns priorities in enforcement. 
TITLE 
II—PROHIBITING 
EM-
PLOYMENT DISCRIMINATION 
ON THE BASIS OF GENETIC 
INFORMATION 
SEC. 201. DEFINITIONS. 
In this title: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Equal Employment Opportunity Commis-
sion as created by section 705 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e–4). 
(2) 
EMPLOYEE; 
EMPLOYER; 
EMPLOYMENT 
AGENCY; LABOR ORGANIZATION; MEMBER.— 
(A) IN GENERAL.—The term ‘‘employee’’ 
means— 
(i) an employee (including an appli-
cant), as defined in section 701(f) of the 
Civil Rights Act of 1964 (42 U.S.C. 
2000e(f)); 
(ii) a State employee (including an ap-
plicant) described in section 304(a) of the