109 HR 6125 IH: To prohibit discrimination by group health plans and U.S. House of Representatives 2006-09-20 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.

I 109th CONGRESS 2d Session H. R. 6125 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.

1.

Short title

This Act may be cited as the Taxpayer Protection from Genetic Discrimination Act of 2006.

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.

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.

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.

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.