article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Genetic Information Health Insurance Nondiscrimination Act of 1997''. SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION. (a) Group Coverage.-- (1) Amendments to public health service act.-- (A) Inclusion of genetic testing.--Section 2702(a)(1)(F) of the Public Health Service Act (42 U.S.C. 300gg-1(a)(1)(F)), as added by section 102(a) of Health Insurance Portability and Accountability Act of 1996, is amended by inserting ``(or a request for, or receipt of, genetic information or a genetic test)'' after ``genetic information''. (B) Limitation on collection and disclosure of genetic information.--Subpart 2 of part A of title XXVII of the Public Health Service Act, as amended by section 703(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 2706. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC INFORMATION. ``(a) Limitation on Collection.--A health insurance issuer may not request or require an individual to whom the issuer provides health insurance coverage in connection with a group health plan (or an individual who desires the issuer to provide health insurance coverage in connection with a group health plan ), and a group health plan may not request or require a participant or beneficiary under the plan (or an individual who desires to become such a participant or beneficiary), to disclose any genetic information or to obtain any genetic test. ``(b) Restriction on Disclosure.--Subject to subsection (c), a health insurance issuer in connection with health insurance coverage offered in connection with a group health plan and a group health plan may not disclose genetic information about an individual (regardless of how the information was obtained) without a prior written authorization of the individual (or legal representative of the individual) that includes-- ``(1) a description of the information being disclosed, ``(2) the name of the individual or person to whom the disclosure is being made, and ``(3) the purpose of the disclosure. Such authorization is required for each disclosure. ``(c) Exceptions to Disclosure Restriction.--Genetic information concerning an individual may be disclosed by a health insurance issuer or group health plan if such disclosure-- ``(1) is authorized under criminal laws relating to the identification of individuals, or is authorized under Federal or State law and is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; ``(2) is required under the specific order of a court; ``(3) is authorized under law for the purpose of establishing paternity; ``(4) is for the purpose of furnishing genetic information relating to a decedent to the blood relatives of the decedent for the purpose of medical diagnosis; or ``(5) is for the purpose of identifying a body. ``(d) Notice.--A group health plan under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements of this section as if such section applied to such plan.''. (C) 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 new paragraph: ``(15) Genetic information; genetic test.--(A) The term `genetic information' means the information about genes, gene products, or inherited characteristics that may derive from an individual or a blood-relative of the individual. ``(B) The term `genetic test' means a test for determining the presence or absence of genetic characteristics in an individual.''. (D) Conforming amendment.--Section 2723(c) of such Act (42 U.S.C. 300gg-23(c)), as amended by section 604(b)(2) of Public Law 104-204, is amended by striking ``section 2704'' and inserting ``sections 2704 and 2706''. (2) ERISA amendments.-- (A) Inclusion of genetic testing.--Section 702(a)(1)(F) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1182(a)(1)(F)), as added by section 101(a) of Health Insurance Portability and Accountability Act of 1996, is amended by inserting ``(or a request for, or receipt of, genetic information or a genetic test)'' after ``genetic information''. (B) Limitation on collection and dislosure of genetic information.--Subpart B of part 7 of subtitle B of title I of the Employee Retirement Income Security Act of 1974, as amended by section 702(a) of Public Law 104-204, is amended by adding at the end the following new section: ``SEC. 713. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC INFORMATION. ``(a) Limitation on Collection.--A health insurance issuer may not request or require an individual to whom the issuer provides health insurance coverage in connection with a group health plan (or an individual who desires the issuer to provide health insurance coverage in connection with a group health plan ), and a group health plan may not request or require a participant or beneficiary under the plan (or an individual who desires to become such a participant or beneficiary), to disclose any genetic information or to obtain any genetic test. ``(b) Restriction on Disclosure.--Subject to subsection (c), a health insurance issuer in connection with health insurance coverage offered in connection with a group health plan and a group health plan may not disclose genetic information about an individual (regardless of how the information was obtained) without a prior written authorization of the individual (or legal representative of the individual) that includes-- ``(1) a description of the information being disclosed, ``(2) the name of the individual or person to whom the disclosure is being made, and ``(3) the purpose of the disclosure. Such authorization is required for each disclosure. ``(c) Exceptions to Disclosure Restriction.--Genetic information concerning an individual may be disclosed by a health insurance issuer or group health plan if such disclosure-- ``(1) is authorized under criminal laws relating to the identification of individuals, or is authorized under Federal or State law and is necessary for the purpose of a criminal or death investigation, a criminal or juvenile proceeding, an inquest, or a child fatality review by a multidisciplinary child abuse team; ``(2) is required under the specific order of a court; ``(3) is authorized under law for the purpose of establishing paternity; ``(4) is for the purpose of furnishing genetic information relating to a decedent to the blood relatives of the decedent for the purpose of medical diagnosis; or ``(5) is for the purpose of identifying a body. ``(d) Notice Under Group Health Plan.--The imposition of the requirements of this section shall be treated as a material modification in the terms of the plan described in section 102(a)(1), for purposes of assuring notice of such requirements under the plan; except that the summary description required to be provided under the last sentence of section 104(b)(1) with respect to such modification shall be provided by not later than 60 days after the first day of the first plan year in which such requirements apply.''. (C) Definitions.--Section 733(d) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1186(d)) is amended by adding at the end the following new paragraph: ``(5) Genetic information; genetic test.--(A) The term `genetic information' means the information about genes, gene products, or inherited characteristics that may derive from an individual or a blood-relative of the individual. ``(B) The term `genetic test' means a test for determining the presence or absence of genetic characteristics in an individual.''. ``(2) Construction.--Section 731(a)(1) shall not be construed as superseding a State law described in paragraph (1).''. (D) Conforming amendments.--(i) Section 731(c) of such Act (29 U.S.C. 1191(c)), as amended by section 603(b)(1) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (ii) Section 732(a) of such Act (29 U.S.C. 1191a(a)), as amended by section 603(b)(2) of Public Law 104-204, is amended by striking ``section 711'' and inserting ``sections 711 and 713''. (iii) The table of contents in section 1 of such Act is amended by ins0erting after the item relating to section 712 the following new item: ``Sec. 713. Limitation on collection and disclosure of genetic information.''. (3) Internal revenue code amendments.-- (A) Genetic information.--Section 9802(a)(1)(F) of the Internal Revenue Code of 1986, as added by section 401(a) of the Health Insurance Portability and Accountability Act of 1996, is amended by inserting ``(or a request for, or receipt of, genetic information or a genetic test)'' after ``genetic information''. (B) Definitions.--Section 9805(d) of such Act is amended by adding at the end the following new paragraph: ``(6) Genetic information; genetic test.--(A) The term `genetic information' means the information about genes, gene products, or inherited characteristics that may derive from an individual or a blood-relative of the individual. ``(B) The term `genetic test' means a test for determining the presence or absence of genetic characteristics in an individual.''. (b) Individual Health Insurance.--Part B of title XXVII of the Public Health Service Act, as amended by section 605(a) of Public Law 104-204, is amended by inserting after section 2751 the following new section: ``SEC. 2752. LIMITATION ON COLLECTION AND DISCLOSURE OF GENETIC INFORMATION. ``(a) In General.--The provisions of section 2706 (other than subsection (d)) shall apply to health insurance coverage offered by a health insurance issuer in the individual market in the same manner as it applies to health insurance coverage offered by a health insurance issuer in connection with a group health plan in the small or large group market. ``(b) Notice.--A health insurance issuer under this part shall comply with the notice requirement under section 713(d) of the Employee Retirement Income Security Act of 1974 with respect to the requirements referred to in subsection (a) as if such section applied to such issuer and such issuer were a group health plan.''. (c) Effective Dates.--(1) The amendments made by subsection (a) shall apply with respect to group health plans for plan years beginning on or after January 1, 1998. (2) The amendment made by subsection (b) shall apply with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market on or after such date.
summary: Genetic Information Health Insurance Nondiscrimination Act of 1997 - Amends the Public Health Service Act and the Employee Retirement Income Security Act of 1974 to prohibit group health plans and health insurance issuers offering group coverage from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Regulates the collection and disclosure of genetic information by plans and issuers. Amends the Internal Revenue Code to prohibit group health plans from discriminating on the basis of a request for or receipt of genetic information or a genetic test. Amends the Public Health Service Act to regulate the collection and disclosure of genetic information by health insurance issuers offering individual coverage.