[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6125 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6125

To prohibit discrimination by group health plans and employers based on 
                          genetic information.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2006

   Mr. Paul introduced the following bill; which was referred to the 
 Committee on Government Reform, and in addition to the Committees on 
 Education and the Workforce, Energy and Commerce, and Ways and Means, 
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 prohibit discrimination by group health plans and employers based on 
                          genetic information.

    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 ``Taxpayer Protection from Genetic 
Discrimination Act of 2006''.

SEC. 2. NO DISCRIMINATION BY GROUP HEALTH PLANS BASED ON GENETIC 
              INFORMATION.

    (a) No Discrimination in Group Premiums.--A group health plan 
sponsored by a covered entity, or a health insurance issuer offering 
group health insurance coverage in connection with a group health plan 
sponsored by a covered entity, shall not adjust premium or contribution 
amounts for a group on the basis of genetic information concerning an 
individual in the group or a family member of the individual (including 
information about a request for or receipt of genetic services by an 
individual or family member of such individual).
    (b) Limitation on Requesting or Requiring Genetic Testing.--
            (1) In general.--A group health plan sponsored by a covered 
        entity, or a health insurance issuer offering health insurance 
        coverage in connection with a group health plan sponsored by a 
        covered entity, shall not request or require an individual or a 
        family member of such individual to undergo a genetic test.
            (2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to--
                    (A) limit the authority of a health care 
                professional who is providing health care services with 
                respect to an individual to request that such 
                individual or a family member of such individual 
                undergo a genetic test;
                    (B) limit the authority of a health care 
                professional who is employed by or affiliated with a 
                group health plan or a health insurance issuer and who 
                is providing health care services to an individual as 
                part of a bona fide wellness program to notify such 
                individual of the availability of a genetic test or to 
                provide information to such individual regarding such 
                genetic test; or
                    (C) authorize or permit a health care professional 
                to require that an individual undergo a genetic test.

SEC. 3. LIMITATION ON USE OF GENERIC INFORMATION IN EMPLOYMENT.

    (a) Use of Genetic Information.--It shall be an unlawful employment 
practice for any covered entity--
            (1) to fail or refuse to hire or to discharge any employee, 
        or otherwise to discriminate against any employee with respect 
        to the compensation, terms, conditions, or privileges of 
        employment of the employee, because of genetic information with 
        respect to the employee (or information about a request for or 
        the receipt of genetic services by such employee or family 
        member of such employee); or
            (2) to limit, segregate, or classify the employees of the 
        covered entity in any way that would deprive or tend to deprive 
        any employee of employment opportunities or otherwise adversely 
        affect the status of the employee as an employee, because of 
        genetic information with respect to the employee (or 
        information about a request for or the receipt of genetic 
        services by such employee or family member of such employee).
    (b) Acquisition of Genetic Information.--It shall be an unlawful 
employment practice for a covered entry to request, require, or 
purchase genetic information with respect to an employee or a family 
member of the employee (or information about a request for the receipt 
of genetic services by such employee or a family member of such 
employee) except--
            (1) where a covered entity inadvertently requests or 
        requires family medical history of the employee or family 
        member of the employee;
            (2) where--
                    (A) health or genetic services are offered by the 
                covered entity, including such services offered as part 
                of a bona fide wellness program;
                    (B) the employee provides prior, knowing, 
                voluntary, and written authorization;
                    (C) only the employee (or family member if the 
                family member is receiving genetic services) and the 
                licensed health care professional or board certified 
                genetic counselor involved in providing such services 
                receive individually identifiable information 
                concerning the results of such services; and
                    (D) any individually identifiable genetic 
                information provided under subparagraph (C) in 
                connection with the services provided under 
                subparagraph (A) is only available for purposes of such 
                services and shall not be disclosed to the covered 
                entity except in aggregate terms that do not disclose 
                the identity of specific employees;
            (3) where an covered entity requests or requires family 
        medical history from the employee to comply with the 
        certification provisions of section 103 of the Family and 
        Medical Leave Act of 1993 (29 U.S.C. 2613) or such requirements 
        under State family and medical leave laws;
            (4) where an covered entity purchases documents that are 
        commercially and publicly available (including newspapers, 
        magazines, periodicals, and books, but not including medical 
        databases or court records) that include family medical 
        history; or
            (5) where the information involved is to be used for 
        genetic monitoring of the biological effects of toxic 
        substances in the workplace, but only if--
                    (A) the covered entity provides written notice of 
                the genetic monitoring to the employee;
                    (B)(i) the employee provides prior, knowing, 
                voluntary, and written authorization; or
                    (ii) the genetic monitoring is required by Federal 
                or State law;
                    (C) the employee is informed of individual 
                monitoring results;
                    (D) the monitoring is in compliance with--
                            (i) any Federal genetic monitoring 
                        regulations, including any such regulations 
                        that may be promulgated by the Secretary of 
                        Labor pursuant to the Occupational Safety and 
                        Health Act of 1970 (29 U.S.C. 651 et seq.), the 
                        Federal Mine Safety and Health Act of 1977 (30 
                        U.S.C. 801 et seq.), or the Atomic Energy Act 
                        of 1954 (42 U.S.C. 2011 et seq.); or
                            (ii) State genetic monitoring regulations, 
                        in the case of a State that is implementing 
                        genetic monitoring regulations under the 
                        authority of the Occupational Safety and Health 
                        Act of 1970 (29 U.S.C. 651 et seq.); and
                    (E) the covered entity, excluding any licensed 
                health care professional or board certified genetic 
                counselor that is involved in the genetic monitoring 
                program, receives the results of the monitoring only in 
                aggregate terms that do not disclose the identity of 
                specific employees.
    (c) Preservation of Protections.--In the case of information to 
which any of paragraphs (1) through (5) of subsection (b) applies, such 
information may not be used in violation of subsection (a) or section 
2.

SEC. 4. RELIEF.

    (a) Cause of Action.--Any employee or family member of an employee 
of a covered entity who has been adversely effected by a covered 
entity's violation of section 2 or 3 shall have a cause of action in 
Federal court for both compensatory and punitive damages.
    (b) Limitation on Punitive Damages.--In such a case, punitive 
damages shall not exceed be 30 percent of compensatory damages.

SEC. 5. DEFINITIONS.

    (a) Covered Entity.--In this Act, the term ``covered entity'' 
refers to any agency or part of the Federal Government, any State or 
local entity that receives Federal funds, or a Federal contractor.
    (b) Family Member.--In this Act, the term ``family member'' means 
with respect to an individual--
            (1) the spouse of the individual;
            (2) a dependent child of the individual, including a child 
        who is born to or placed for adoption with the individual; and
            (3) all other individuals related by blood to the 
        individual or the spouse or child described in paragraph (1) or 
        (2).
    (c) Genetic Information.--
            (1) In general.--In this Act the term ``genetic 
        information'' means, with respect to an individual, 
        information--
                    (A) about an individual's genetic tests;
                    (B) about the genetic tests of family members of 
                the individual; or
                    (C) about the occurrence of a disease or disorder 
                in family members of the individual.
            (2) Exclusions.--Such term does not include information 
        about the sex or age of an individual.
    (d) Genetic Test.--
            (1) In general.--In this Act, the term ``genetic test'' 
        means an analysis of human DNA, RNA, chromosomes, proteins, or 
        metabolites, that detects genotypes, mutations, or chromosomal 
        changes.
            (2) Exceptions.--Such term does not include--
                    (A) an analysis of proteins or metabolites that 
                does not detect genotypes, mutations, or chromosomal 
                changes; or
                    (B) an analysis of proteins or metabolites that is 
                directly related to a manifested disease, disorder, or 
                pathological condition that could reasonably be 
                detected by a health care professional with appropriate 
                training and expertise in the field of medicine 
                involved.
    (e) Genetic Services.--In this Act, the term ``genetic services'' 
means--
            (1) a genetic test;
            (2) genetic counseling (such as obtaining, interpreting, or 
        assessing genetic information); or
            (3) genetic education.
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