[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2216 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2216

   To establish limitation with respect to the disclosure and use of 
  genetic information by life and disability insurers, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 1997

 Mr. Kennedy of Massachusetts introduced the following bill; which was 
referred to the Committee on Commerce, and in addition to the Committee 
    on Education and the Workforce, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To establish limitation with respect to the disclosure and use of 
  genetic information by life and disability insurers, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Genetic Protection in Insurance 
Coverage Act''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) DNA.--The term ``DNA'' means deoxyribonucleic acid.
            (2) Genetic information.--The term ``genetic information'' 
        means the information about genes, gene products or inherited 
        characteristics that may derive from an individual or a family 
        member.
            (3) Genetic test.--The term ``genetic test'' means a test 
        for determining the presence or absence of genetic 
        characteristics in an individual, including tests of nucleic 
        acids such as DNA, RNA and mitochondrial DNA, chromosomes or 
        proteins in order to diagnose a genetic characteristic.
            (4) Insurer.--The term ``insurer'' means an insurance 
        company, health care service contractor, fraternal benefit 
        organization, insurance agent, third party administrator, 
        insurance support organization or other person subject to 
        regulation under State insurance laws. Such term includes self-
        funded health plans and health plans regulated under the 
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 
        et seq.).

SEC. 3. USE OF GENETIC INFORMATION BY INSURERS PROHIBITED.

    No life or disability insurer may--
            (1) require any person who applies for an insurance policy 
        to undergo a genetic test to receive such policy;
            (2) refuse to enroll any person or accept any individual or 
        any individual's family member as a subscriber on the basis of 
        genetic information of that individual or of the individual's 
        family members;
            (3) determine a rate on the basis of the genetic 
        information of that individual or of the individual's family 
        members;
            (4) offer or provide different terms, conditions, or 
        benefits on the basis of genetic information of that individual 
        or of the individual's family members;
            (5) otherwise consider genetic information in the provision 
        of insurance coverage or benefits;
            (6) require or request that any individual or a member of 
        the individual's family reveal whether the individual or a 
        member of the individual's family has obtained a genetic test 
        or what the results of the test were; or
            (7) otherwise seek, receive, or maintain any genetic 
        information.
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