article: 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.
summary: Genetic Privacy and Nondiscrimination Act of 2003 - Amends the Public Health Service Act to prohibit a group or individual health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts on the basis of predictive genetic information about an individual or family member of such individual.