Page:United States Statutes at Large Volume 122.djvu/906

 12 2 STA T .8 8 3PUBLIC LA W 11 0– 233 —M A Y 21, 2008 fordisc ri m i nat ion , t he re by a l lo w in g indi v id u als to ta k e advan - tage of genetic testing, technologies, research, and new thera- p ies .TI T LE I —G E N ETI C N O N D I S C R I M IN A- TION IN H EALTH INS U RANCE SEC.10 1. AM E ND MEN T ST O EM PL O Y EE R ET I REMENT INCOME SEC U- RITY ACT O F 1 974 . ( a )NODISCR I M I NAT ION IN G RO UPP R E MIUMS B ASE D ON GENETIC I N F ORMATION. —S ection 702 (b) of the E mployee R etirement Income Security A ct of 19 7 4 (29 U .S. C .11 8 2(b)) is amended— (1) in paragraph (2)(A), by inserting before the semicolon the following

‘e x cept as provided in paragraph ( 3 ) ’ ’ and (2) by adding at the end the following: ‘‘(3) NO G ROUP- B ASED DISCRIMINATION ON BASIS OF GENETIC INFORMATION.— ‘‘(A) IN GENERA L .— F or purposes of this section, a group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not ad j ust premium or contribution amounts for the group covered under such plan on the basis of genetic information. ‘‘(B) RULE OF CONSTRUCTION.—Nothing in subpara- graph (A) or in paragraphs (1) and (2) of subsection (d) shall be construed to limit the ability of a health insurance issuer offering health insurance coverage in connection with a group health plan to increase the premium for an employer based on the manifestation of a disease or dis- order of an individual who is enrolled in the plan. In such case, the manifestation of a disease or disorder in one individual cannot also be used as genetic information about other group members and to further increase the premium for the employer.’’. (b) L IMITATIONS ON GENETIC T ESTING; PRO H IBITION ON COLLEC- TION OF GENETIC INFORMATION; APPLICATION TO ALL PLANS.—Sec- tion 702 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182) is amended by adding at the end the following: ‘‘(c) GENETIC TESTING.— ‘‘(1) LIMITATION ON RE Q UESTING OR REQUIRING GENETIC TESTING.—A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall not re q uest or require an individual or a family member of such individual to undergo a genetic test. ‘‘(2) RULE OF CONSTRUCTION.—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) RULE OF CONSTRUCTION REGARDING PA Y MENT.— ‘‘(A) IN GENERAL.—Nothing in paragraph (1) shall be construed to preclude a group health plan, or a health insurance issuer offering health insurance coverage in connection with a group health plan, from obtaining and using the results of a genetic test in making a determina- tion regarding payment (as such term is defined for the purposes of applying the regulations promulgated by the

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