[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3636 Introduced in House (IH)]






108th CONGRESS
  1st Session
                                H. R. 3636

       To amend the Public Health Service Act to prohibit health 
  discrimination against individuals and their family members on the 
         basis of genetic information, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2003

 Mr. Stearns introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
       To amend the Public Health Service Act to prohibit health 
  discrimination against individuals and their family members on the 
         basis of genetic information, 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 Privacy and 
Nondiscrimination Act of 2003''.

SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.

    (a) Amendments Relating to the Group Market.--
            (1) Prohibition of health discrimination on the basis of 
        genetic information in the group market.--
                    (A) No enrollment restriction for genetic 
                services.--Section 2702(a)(1)(F) of the Public Health 
                Service Act (42 U.S.C. 300gg-1(a)(1)(F)) is amended by 
                inserting before the period the following: ``(including 
                information about a request for or receipt of genetic 
                services)''.
                    (B) No discrimination in premiums based on 
                predictive genetic information.--Subpart 2 of part A of 
                title XXVII of the Public Health Service Act (42 U.S.C. 
                300gg-4 et seq.) is amended by adding at the end the 
                following new section:

``SEC. 2707. PROHIBITING PREMIUM DISCRIMINATION AGAINST GROUPS ON THE 
              BASIS OF PREDICTIVE GENETIC INFORMATION IN THE GROUP 
              MARKET.

    ``A group health plan, or a health insurance issuer offering group 
health insurance coverage in connection with a group health plan shall 
not adjust premium or contribution amounts for a group on the basis of 
predictive genetic information concerning any individual (including a 
dependent) or family member of the individual (including information 
about a request for or receipt of genetic services).''.
                    (C) Conforming amendment.--Section 2702(b) of the 
                Public Health Service Act (42 U.S.C. 300gg-1(b)) is 
                amended by adding at the end the following:
            ``(3) Reference to related provision.--For a provision 
        prohibiting the adjustment of premium or contribution amounts 
        for a group under a group health plan on the basis of 
        predictive genetic information (including information about a 
        request for or receipt of genetic services), see section 
        2707.''.
            (2) Definitions.--Section 2791(d) of the Public Health 
        Service Act (42 U.S.C. 300gg-91(d)) is amended by adding at the 
        end the following:
            ``(15) Family member.--The term `family member' means, with 
        respect to an individual--
                    ``(A) the spouse of the individual;
                    ``(B) a dependent child of the individual; and
                    ``(C) all other individuals related by blood to the 
                individual or the spouse or child described in 
                subparagraph (A) or (B).
            ``(16) Genetic services.--The term `genetic services' means 
        health services for an individual provided to interpret and 
        assess predictive genetic information for diagnostic or 
        therapeutic purposes as well as to counsel individuals 
        regarding the use of specific predictive genetic information.
            ``(17) Predictive genetic information.--
                    ``(A) In general.--The term `predictive genetic 
                information' means individually identifiable 
                information which identifies the presence, absence, 
                variation, alteration, or modification of a human gene 
                or genes that--
                            ``(i) are scientifically or medically 
                        identifiable; and
                            ``(ii) are--
                                    ``(I) known to be a primary cause 
                                of a disease, disorder, or syndrome in 
                                a person, or associated with a 
                                significantly increased statistical 
                                risk of development of a disease, 
                                disorder, or syndrome in a person, but 
                                which have not resulted in signs in the 
                                person that would otherwise permit 
                                diagnosis of the disease, disorder, or 
                                syndrome; or
                                    ``(II) associated with an increased 
                                statistical risk of a person having 
                                offspring with a disease, disorder, or 
                                syndrome.
                    ``(B) Limitations.--The term `predictive genetic 
                information' does not include--
                            ``(i) information from which individual 
                        identifiers are removed, encoded, or encrypted 
                        to prevent disclosure of the individual's 
                        identity;
                            ``(ii) information for research conducted 
                        in compliance with the regulations and 
                        protections provided for under parts 50 and 56 
                        of title 21 and under part 46 of title 45, Code 
                        of Federal Regulations; or
                            ``(iii) information related to a manifested 
                        disease, disorder, impairment, or condition 
                        which could be reasonably detected by a health 
                        care professional with appropriate training and 
                        expertise in the field of medicine involved.
            ``(18) Predictive genetic test.--The term `predictive 
        genetic test' means a laboratory test on a biological sample of 
        a person performed solely to obtain predictive genetic 
        information.''.
    (b) Amendments Relating to the Individual Market.--The first 
subpart 3 of part B of title XXVII of the Public Health Service Act (42 
U.S.C. 300gg-51 et seq.) (relating to other requirements) is amended by 
adding at the end the following:

``SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON THE BASIS OF 
              PREDICTIVE GENETIC INFORMATION.

    ``(a) Prohibition on Predictive Genetic Information as a Condition 
of Eligibility.--A health insurance issuer offering health insurance 
coverage in the individual market may not use predictive genetic 
information as a condition of eligibility of an individual to enroll in 
individual health insurance coverage (including information about a 
request for or receipt of genetic services).
    ``(b) Prohibition on Predictive Genetic Information in Setting 
Premium Rates.--A health insurance issuer offering health insurance 
coverage in the individual market shall not adjust premium rates for 
individuals on the basis of predictive genetic information concerning 
such an individual (including a dependent) or a family member of the 
individual (including information about a request for or receipt of 
genetic services).''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to--
            (1) group health plans, and health insurance coverage 
        offered in connection with group health plans, for plan years 
        beginning after 1 year after the date of enactment of this Act; 
        and
            (2) health insurance coverage offered, sold, issued, 
        renewed, in effect, or operated in the individual market after 
        1 year after the date of enactment of this Act.
                                 <all>