Page:United States Statutes at Large Volume 122.djvu/913

 12 2 STA T .890PUBLIC LA W 110 – 2 3 3 —M A Y 21, 2008 ‘ ‘ (3)INCIDE N TAL C O LLECTION .— I fagrouphe a lt h pla n, or a health i n s uran c e issuer offering health insurance co v erage in connection w ith a group health plan, o b tains genetic infor m a - tion inci d ental to the re q uesting, requiring, or purchasing of other information concerning an y individual, such request, requirement, or purchase shall not be considered a violation of paragraph ( 2 ) if such request, requirement, or purchase is not in violation of paragraph ( 1 ). ‘‘(e) AP PLICATION TO ALL P LAN S .— T he provisions of subsections (a)(1)( F ), (b)(3), (c), and (d) and subsection (b)(1) and section 2 70 1 with respect to genetic information, shall apply to group health plans and health insurance issuers without regard to section 2721(a). ’ ’. (3) APPLICATION TO G ENETIC IN F O RM ATION OF A FET U SOR EM B R Y O.— S uch section is further amended by adding at the end the following

‘‘(f) G ENETIC INFORMATION OF A FETUS OR E MBRYO.—Any ref- erence in this part to genetic information concerning an individual or family member of an individual shall— ‘‘(1) with respect to such an individual or family member of an individual who is a pregnant woman, include genetic information of any fetus carried by such pregnant woman and ‘‘(2) with respect to an individual or family member uti- li z ing an assisted reproductive technology, include genetic information of any embryo legally held by the individual or family member.’’. ( 4 ) D EFINITIONS.—Section 27 9 1(d) of the Public H ealth Service Act (42 U .S. C . 300gg – 91(d)) is amended by adding at the end the following: ‘‘(1 5 ) FAMILY MEMBER.—The term ‘family member’ means, with respect to any individual— ‘‘(A) a dependent (as such term is used for purposes of section 2701(f)(2)) of such individual; and ‘‘( B ) any other individual who is a first-degree, second- degree, third-degree, or fourth-degree relative of such indi- vidual or of an individual described in subparagraph (A). ‘‘(1 6 ) GENETIC INFORMATION.— ‘‘(A) IN GENERAL.—The term ‘genetic information’ means, with respect to any individual, information about— ‘‘(i) such individual’s genetic tests, ‘‘(ii) the genetic tests of family members of such individual, and ‘‘(iii) the manifestation of a disease or disorder in family members of such individual. ‘‘(B) INCLUSION OF GENETIC SER V ICES AND PARTICIPA- TION IN GENETIC RESEARC H .—Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual. ‘‘(C) E X CLUSIONS.—The term ‘genetic information’ shall not include information about the se x or age of any indi- vidual. ‘‘(17) GENETIC TEST.— ‘‘(A) IN GENERAL.—The term ‘genetic test’ means an analysis of human D N A, R NA, chromosomes, proteins, or

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