3.0.0 1053 2023-01-15T15:48:20Z 2023-01-15T15:48:20Z Senate S S 2003-05-13 108 sshr00 Health, Education, Labor, and Pensions Committee Senate Standing Reported by 2003-07-31T23:27:54Z Markup by 2003-05-21T20:17:33Z Referred to 2003-05-13T22:41:34Z S. Rept. 108-122 2003-10-15 20:53:37 Held at the desk. Floor H15000 2 House floor actions 2003-10-15 13:01:59 Received in the House. Floor H14000 2 House floor actions 2003-10-15 Senate Message on Senate action sent to the House. Floor 2003-10-14 Senate Passed Senate with an amendment by Yea-Nay Vote. 95 - 0. Record Vote Number: 377. Floor 377 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1081/vote_108_1_00377.xml Senate 108 2003-10-14T19:00:09Z 1 2003-10-14 Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 95 - 0. Record Vote Number: 377. Floor 17000 9 Library of Congress 377 https://www.senate.gov/legislative/LIS/roll_call_votes/vote1081/vote_108_1_00377.xml Senate 108 2003-10-14T19:00:09Z 1 2003-10-14 Senate Considered by Senate. (consideration: CR S12493-12508; text as passed Senate: CR S12499-12508) Floor 2003-10-02 Senate The committee substitute agreed to by Unanimous Consent. Floor 2003-10-02 Senate Measure laid before Senate by unanimous consent. (consideration: CR S12403-12417; text of measure reported in Senate: CR S12404-12416) Floor 2003-07-31 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 247. Calendars 2003-07-31 sshr00 Health, Education, Labor, and Pensions Committee Senate Committee on Health, Education, Labor, and Pensions. Reported by Senator Gregg with an amendment in the nature of a substitute. With written report No. 108-122. Committee 2003-07-31 Committee on Health, Education, Labor, and Pensions. Reported by Senator Gregg with an amendment in the nature of a substitute. With written report No. 108-122. Committee 14000 9 Library of Congress sshr00 Health, Education, Labor, and Pensions Committee 2003-05-21 sshr00 Health, Education, Labor, and Pensions Committee Senate Committee on Health, Education, Labor, and Pensions. Ordered to be reported with an amendment in the nature of a substitute favorably. Committee 2003-05-13 sshr00 Health, Education, Labor, and Pensions Committee Senate Read twice and referred to the Committee on Health, Education, Labor, and Pensions. IntroReferral 2003-05-13 Introduced in Senate IntroReferral 10000 9 Library of Congress S000663 Sen. Snowe, Olympia J. [R-ME] Olympia Snowe R ME J. N F000439 Sen. Frist, William H. [R-TN] WILLIAM FRIST R TN H. 2003-05-13 True J000072 Sen. Jeffords, James M. [I-VT] JAMES JEFFORDS I VT MERRILL 2003-05-13 True E000285 Sen. Enzi, Michael B. [R-WY] MICHAEL ENZI R WY B. 2003-05-13 True C001035 Sen. Collins, Susan M. [R-ME] Susan Collins R ME M. 2003-05-13 True H001028 Sen. Hagel, Chuck [R-NE] CHUCK HAGEL R NE 2003-05-13 True D000294 Sen. DeWine, Mike [R-OH] MICHAEL DEWINE R OH 2003-05-13 True G000445 Sen. Gregg, Judd [R-NH] Judd Gregg R NH 2003-05-13 True T000024 Sen. Talent, Jim [R-MO] JIM TALENT R MO 2003-06-05 False H000338 Sen. Hatch, Orrin G. [R-UT] ORRIN HATCH R UT GRANT 2003-07-15 False D000064 Sen. Daschle, Thomas A. [D-SD] THOMAS DASCHLE D SD ANDREW 2003-07-31 False K000148 Sen. Kerry, John F. [D-MA] JOHN KERRY D MA FORBES 2003-10-14 False B000444 Sen. Biden, Joseph R., Jr. [D-DE] JOSEPH BIDEN D DE ROBINETTE 2003-10-14 False L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT 2003-10-14 False L000550 Sen. Landrieu, Mary L. [D-LA] MARY LANDRIEU D LA 2003-10-14 False M000702 Sen. Mikulski, Barbara A. [D-MD] BARBARA MIKULSKI D MD ANN 2003-10-14 False N000180 Sen. Nelson, Ben [D-NE] E. Nelson D NE Benjamin 2003-10-14 False J000177 Sen. Johnson, Tim [D-SD] TIM JOHNSON D SD 2003-10-14 False C000127 Sen. Cantwell, Maria [D-WA] Maria Cantwell D WA 2003-10-14 False C001056 Sen. Cornyn, John [R-TX] John Cornyn R TX 2003-10-14 False K000105 Sen. Kennedy, Edward M. [D-MA] EDWARD KENNEDY D MA MOORE 2003-11-07 False H000206 Sen. Harkin, Tom [D-IA] THOMAS HARKIN D IA RICHARD 2003-11-07 False D000388 Sen. Dodd, Christopher J. [D-CT] CHRISTOPHER DODD D CT JOHN 2003-11-07 False L000123 Sen. Lautenberg, Frank R. [D-NJ] FRANK LAUTENBERG D NJ R. 2004-05-06 False 2003-06-19T04:00:00Z S. 1053, Genetic Nondiscrimination Act of 2003 http://www.cbo.gov/publication/14553 <p>Cost estimate for the bill as ordered reported by the Committee on Health, Education, Labor, and Pensions on May 21, 2003</p> 2003-06-19T04:00:00Z S. 1053, Genetic Nondiscrimination Act of 2003 https://www.cbo.gov/publication/14553 Cost estimate for the bill as ordered reported by the Committee on Health, Education, Labor, and Pensions on May 21, 2003 Civil Rights and Liberties, Minority Issues Administrative procedure Apprenticeship Civil actions and liability Civil rights enforcement Damages Department of Health and Human Services Department of Labor Department of the Treasury Discrimination in employment Discrimination in insurance Discrimination in medical care Dismissal of employees Employee health benefits Employee rights Employee selection Employment agencies Environmental Protection Equal Employment Opportunity Commission Families Family leave Federal employees Finance and Financial Sector Genetic counseling Genetics Government Operations and Politics Health Health insurance Insurance premiums Labor and Employment Labor unions Labor-management committees Law Medical records Medical screening Medical tests Medigap Mine safety Occupational health and safety Position classification Punitive damages Right of privacy Standards Civil Rights and Liberties, Minority Issues 00 2003-05-13 Introduced in Senate 2006-11-28T17:35:40Z Prohibits group health plans or health insurers offering group coverage from using genetic information to impose enrollment restrictions or adjust group premiums. Prohibits requests for genetic testing or results except as necessary for treatment, payment, or health care operations.

Amends the Public Health Service Act to prohibit such discrimination in coverage offered in the individual market.

Requires the Secretary of the Treasury to issue final regulations, coordinating with the Secretaries of Health and Human Services and Labor through an interagency memorandum of understanding.

Makes it an unlawful employment practice for an employer, employment agency, labor organization, or training program to discriminate against an individual or deprive such individual of employment opportunities because of genetic information. Prohibits the collection of genetic information except where necessary to monitor the effects of toxic substances in the workplace when authorized by the employee, or as required by law.

Requires genetic information to be treated as part of an individual's confidential medical record, limiting disclosure to the individual, the family, health researchers, or as required by law or court order.

Grants enforcement powers to the Equal Employment Opportunity Commission.]]>

01 2003-07-31 Reported to Senate with amendment(s) 2003-10-17T13:39:57Z Genetic Information Nondiscrimination Act of 2003 - Title I: Genetic NonDiscrimination in Health Insurance - (Sec. 101) Amends the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code to expand the prohibition on health plan or issuer discrimination on the basis of genetic information or services to prohibit: (1) enrollment discrimination based on information about a request for or receipt of genetic services by an individual or an individual's family member; (2) group premium discrimination based on the genetic information of an individual or an individual's family member; and (3) requiring genetic testing. Defines genetic information as genetic tests of an individual or family member or occurrence of a disease or disorder in family members. States that such term shall not include information about the sex or age of an individual. Defines genetic services as genetic tests, genetic counseling, or genetic education.

Amends the Public Health Service Act to prohibit such discrimination in coverage offered in the individual market.

Requires the Secretary of the Treasury and the Secretary of Health and Human Services (HHS) to issue final regulations to carry out this title.

(Sec. 104) Amends title XVIII (Medicare) of the Social Security Act to prohibit an issuer of a Medicare supplemental policy from denying or conditioning the issuance or effectiveness of the policy, or from discriminating in the price of the policy of an eligible individual based on genetic information, on the receipt of genetic services or on a request for such services. Prohibits the issuer of such a policy from requesting or requiring a beneficiary to undergo a genetic test.

(Sec. 105) Applies the HHS medical privacy rules to the disclosure of genetic information. Prohibits a group health plan, a health insurance issuer, or an issuer of Medicare supplemental policies from using or disclosing genetic information for purposes of underwriting, determining eligibility to enroll, or premium rating. Prohibits such entities from using or disclosing genetic information for the creation, renewal, or replacement of a plan, contract, or coverage for health insurance or benefits. Prohibits such entities from requesting, requiring, or purchasing genetic information concerning a participant, beneficiary, or enrollee prior to the enrollment and in connection with such enrollment of such individual under the plan, coverage, or policy. Permits the incidental collection of such genetic information by such entities if the request, requirement, or purchase that brought the information was not made for certain purposes, including underwriting, and if the information is not used or disclosed in violation of the HHS medical privacy rules.

Makes the confidentiality standards inapplicable to group health plans, health insurance issuers, or issuers of Medicare supplemental policies that are not otherwise covered by regulations promulgated under part C of title XI of the Social Security Act and a health information privacy provision of the Health Insurance Portability and Accountability Act of 1996. Makes the prohibition on collection of genetic information inapplicable to genetic information that is not considered to be individually-identifiable health information under such regulations.

Title II: Prohibiting Employment Discrimination On the Basis of Genetic Information - (Sec. 202) Makes it an unlawful employment practice for an employer, employment agency, labor organization, or training program to discriminate against an individual or deprive such individual of employment opportunities because of genetic information. Prohibits the collection of genetic information except: (1) where health or genetic services are offered by the employer; (2) where an employer needs certain information to comply with the certification provisions of the Family and Medical Leave Act of 1993 or with State family and medical leave laws; (3) where an employer purchases documents that are commercially and publicly available that include family medical history; or (4) where necessary to monitor the effects of toxic substances in the workplace (when authorized by the employee or as required by law).

(Sec. 206) Requires genetic information to be treated as part of an individual's confidential medical record, limiting disclosure to certain parties, including the individual, the family, health researchers, or government officials investigating compliance with this title. Permits disclosure as required by court order or as made in order for an employee to comply with the certification provisions of the Family and Medical Leave Act of 1993 or with State family and medical leave laws.

(Sec. 207) Protects applicants or employees covered by: (1) title VII of the Civil Rights Act of 1964 (regarding the EEOC); (2) the Government Employee Rights Act of 1991; (3) the Congressional Accountability Act of 1995; (4) specified Federal law pertaining to the extension of certain rights and protections to presidential offices; and (5) the section of the Civil Rights Act of 1964 regarding employment by the Federal Government. Provides for the same compensatory and punitive damages available to prevailing plaintiffs under Federal law regarding damages in cases of intentional discrimination in employment.

(Sec. 208) Requires establishment of a Genetic Nondiscrimination Study Commission, which shall review the developing science of genetics and advise Congress on the advisability of providing for a disparate impact cause of action under this Act.

(Sec. 210) Declares that an employer, employment agency, labor organization, or joint labor-management committee shall not be considered to be in violation of this title based on the use, acquisition, or disclosure of medical information that is not genetic information about a manifested disease, disorder, or pathological condition of an employee or member.

(Sec. 211) Directs the EEOC to issue final regulations to carry out this title.

(Sec. 212) Authorizes appropriations to carry out this title.

Title III: Miscellaneous Provision - States that if any part of this Act is held to be unconstitutional, the remainder of this Act shall not be affected. ]]>

35 2003-10-14 Passed Senate amended 2003-10-17T13:40:14Z Genetic Information Nondiscrimination Act of 2003 - Title I: Genetic Nondiscrimination in Health Insurance - (Sec. 101) Amends the Employee Retirement Income Security Act of 1974, the Public Health Service Act, and the Internal Revenue Code to expand the prohibition on health plan or issuer discrimination on the basis of genetic information or services to prohibit: (1) enrollment discrimination based on information about a request for or receipt of genetic services by an individual or an individual's family member; (2) group premium discrimination based on the genetic information of an individual or an individual's family member; and (3) requiring genetic testing. Defines genetic information as genetic tests of an individual or family member or occurrence of a disease or disorder in family members. States that such term shall not include information about the sex or age of an individual. Defines genetic services as genetic tests, genetic counseling, or genetic education.

Amends the Public Health Service Act to prohibit such discrimination in coverage offered in the individual market.

Requires the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services (HHS) to issue final regulations to carry out this title.

(Sec. 104) Amends title XVIII (Medicare) of the Social Security Act to prohibit an issuer of a Medicare supplemental policy from denying or conditioning the issuance or effectiveness of the policy, or from discriminating in the price of the policy of an eligible individual based on genetic information, on the receipt of genetic services or on a request for such services. Prohibits the issuer of such a policy from requesting or requiring a beneficiary to undergo a genetic test.

(Sec. 105) Applies the HHS medical privacy rules to the disclosure of genetic information. Prohibits a group health plan, a health insurance issuer, or an issuer of Medicare supplemental policies from using or disclosing genetic information for purposes of underwriting, determining eligibility to enroll, or premium rating. Prohibits such entities from using or disclosing genetic information for the creation, renewal, or replacement of a plan, contract, or coverage for health insurance or benefits. Prohibits such entities from requesting, requiring, or purchasing genetic information concerning a participant, beneficiary, or enrollee prior to the enrollment and in connection with such enrollment of such individual under the plan, coverage, or policy. Permits the incidental collection of such genetic information by such entities if the request, requirement, or purchase that brought the information was not made for certain purposes, including underwriting, and if the information is not used or disclosed in violation of the HHS medical privacy rules.

Makes the confidentiality standards inapplicable to group health plans, health insurance issuers, or issuers of Medicare supplemental policies that are not otherwise covered by regulations promulgated under part C of title XI of the Social Security Act and a health information privacy provision of the Health Insurance Portability and Accountability Act of 1996. Makes the prohibition on collection of genetic information inapplicable to genetic information that is not considered to be individually-identifiable health information under such regulations.

Title II: Prohibiting Employment Discrimination On the Basis of Genetic Information - (Sec. 202) Makes it an unlawful employment practice for an employer, employment agency, labor organization, or training program to discriminate against an individual or deprive such individual of employment opportunities because of genetic information. Prohibits the collection of genetic information except: (1) where health or genetic services are offered by the employer; (2) where an employer needs certain information to comply with the certification provisions of the Family and Medical Leave Act of 1993 or with State family and medical leave laws; (3) where an employer purchases documents that are commercially and publicly available that include family medical history; or (4) where necessary to monitor the effects of toxic substances in the workplace (when authorized by the employee or as required by law).

(Sec. 206) Requires genetic information to be treated as part of an individual's confidential medical record, limiting disclosure to certain parties, including the individual, the family, health researchers, or government officials investigating compliance with this title. Permits disclosure as required by court order or as made in order for an employee to comply with the certification provisions of the Family and Medical Leave Act of 1993 or with State family and medical leave laws.

(Sec. 207) Protects applicants or employees covered by: (1) title VII of the Civil Rights Act of 1964 (regarding the EEOC); (2) the Government Employee Rights Act of 1991; (3) the Congressional Accountability Act of 1995; (4) specified Federal law pertaining to the extension of certain rights and protections to presidential offices; and (5) the section of the Civil Rights Act of 1964 regarding employment by the Federal Government. Provides for the same compensatory and punitive damages available to prevailing plaintiffs under Federal law regarding damages in cases of intentional discrimination in employment.

(Sec. 208) Requires establishment of a Genetic Nondiscrimination Study Commission, which shall review the developing science of genetics and advise Congress on the advisability of providing for a disparate impact cause of action under this Act.

(Sec. 210) Declares that an employer, employment agency, labor organization, or joint labor-management committee shall not be considered to be in violation of this title based on the use, acquisition, or disclosure of medical information that is not genetic information about a manifested disease, disorder, or pathological condition of an employee or member.

(Sec. 211) Directs the EEOC to issue final regulations to carry out this title.

(Sec. 212) Authorizes appropriations to carry out this title.

Title III: Miscellaneous Provision - States that if any part of this Act is held to be unconstitutional, the remainder of this Act shall not be affected.

]]> Genetic Information Nondiscrimination Act of 2003 Display Title Genetic Information Nondiscrimination Act of 2003 Official Title as Introduced A bill to prohibit discrimination on the basis of genetic information with respect to health insurance and employment. Introduced in Senate IS Short Titles as Introduced Genetic Information Nondiscrimination Act of 2003 Short Titles as Reported to Senate Genetic Information Nondiscrimination Act of 2003 S Senate Short Titles as Passed Senate Genetic Information Nondiscrimination Act of 2003 S Senate 1824 108 SAMDT In the nature of a substitute. 2022-02-03T05:37:34Z 2003-10-02 Amendment SA 1824 agreed to in Senate by Voice Vote. SA 1824 https://www.congress.gov/amendment/108th-congress/senate-amendment/1824 S000663 Sen. Snowe, Olympia J. [R-ME] Olympia Snowe R ME J. 17 17 F000439 Sen. Frist, William H. [R-TN] WILLIAM FRIST R TN H. 2003-10-02 True D000064 Sen. Daschle, Thomas A. [D-SD] THOMAS DASCHLE D SD ANDREW 2003-10-02 True G000445 Sen. Gregg, Judd [R-NH] Judd Gregg R NH 2003-10-02 True K000105 Sen. Kennedy, Edward M. [D-MA] EDWARD KENNEDY D MA MOORE 2003-10-02 True J000072 Sen. Jeffords, James M. [I-VT] JAMES JEFFORDS I VT MERRILL 2003-10-02 True E000285 Sen. Enzi, Michael B. [R-WY] MICHAEL ENZI R WY B. 2003-10-02 True D000388 Sen. Dodd, Christopher J. [D-CT] CHRISTOPHER DODD D CT JOHN 2003-10-02 True D000294 Sen. DeWine, Mike [R-OH] MICHAEL DEWINE R OH 2003-10-02 True H000206 Sen. Harkin, Tom [D-IA] THOMAS HARKIN D IA RICHARD 2003-10-02 True C001035 Sen. Collins, Susan M. [R-ME] Susan Collins R ME M. 2003-10-02 True M001111 Sen. Murray, Patty [D-WA] Patty Murray D WA 2003-10-02 True H001028 Sen. Hagel, Chuck [R-NE] CHUCK HAGEL R NE 2003-10-02 True C000127 Sen. Cantwell, Maria [D-WA] Maria Cantwell D WA 2003-10-02 True H000338 Sen. Hatch, Orrin G. [R-UT] ORRIN HATCH R UT GRANT 2003-10-02 True L000123 Sen. Lautenberg, Frank R. [D-NJ] FRANK LAUTENBERG D NJ R. 2003-10-02 True L000504 Sen. Lugar, Richard G. [R-IN] RICHARD LUGAR R IN GREEN 2003-10-02 True K000148 Sen. Kerry, John F. [D-MA] JOHN KERRY D MA FORBES 2003-10-02 True 2003-10-02T04:00:00Z 2003-10-02T04:00:00Z Senate 108 S Senate S 1053 Genetic Information Nondiscrimination Act of 2003 2023-01-15T15:48:20Z 6 2003-10-02 0 Senate Amendment SA 1824 agreed to in Senate by Voice Vote. Floor 2003-10-02 0 Senate Amendment SA 1824 proposed by Senator Frist for Senator Snowe. (consideration: CR S12403-12417) In the nature of a substitute. Floor 2003-10-02 Senate amendment proposed (on the floor): Amendment SA 1824 proposed by Senator Frist for Senator Snowe.(consideration: CR S12403-12417) Floor 93000 9 Library of Congress 2003-10-02 Senate amendment agreed to: Amendment SA 1824 agreed to in Senate by Voice Vote. Floor 94000 9 Library of Congress 2003-10-02 Senate amendment submitted Floor 91000 9 Library of Congress Engrossed in Senate 2003-10-14T04:00:00Z Reported to Senate 2003-07-31T04:00:00Z Introduced in Senate 2003-05-13T04:00:00Z 2003-10-15 Held at the desk. 20:53:37 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.