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Genetic Information Nondiscrimination in Health Insurance Act of 1995 (Introduced in House)
HR 2748 IH
December 7, 1995
Ms. SLAUGHTER (for herself, Mr. ACKERMAN, Ms. BROWN of Florida, Ms. DELAURO, Mr. DELLUMS, Mr. FALEOMAVAEGA, Mr. GEJDENSON, Ms. JACKSON-LEE, Mr. JOHNSTON of Florida, Mr. LAFALCE, Ms. LOFGREN, Mrs. LOWEY, Mrs. MALONEY, Mr. MCDERMOTT, Mrs. MEEK of Florida, Mrs. MINK of Hawaii, Mrs. MORELLA, Mr. PAYNE of New Jersey, Ms. PELOSI, Ms. RIVERS, Ms. ROYBAL-ALLARD, Mr. SERRANO, Mr. STOKES, Ms. WATERS, and Mr. WATT of North Carolina) introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Economic and Educational Opportunities, 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
- 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 Information Nondiscrimination in Health Insurance Act of 1995'.
SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION.
- (a) IN GENERAL- An insurance provider may not deny or cancel health insurance coverage, or vary the premiums, terms, or conditions for health insurance coverage, for an individual or a family member of an individual--
- (1) on the basis of genetic information; or
- (2) on the basis that the individual or family member of an individual has requested or received genetic services.
- (b) LIMITATION ON COLLECTION AND DISCLOSURE OF INFORMATION-
- (1) IN GENERAL- An insurance provider may not request or require an individual to whom the provider provides health insurance coverage, or an individual who desires the provider to provide health insurance coverage, to disclose to the provider genetic information about the individual or family member of the individual.
- (2) REQUIREMENT OF PRIOR AUTHORIZATION- An insurance provider may not disclose genetic information about an individual without the prior written authorization of the individual or legal representative of the individual. Such authorization is required for each disclosure and shall include an identification of the person to whom the disclosure would be made.
- (c) ENFORCEMENT-
- (1) PLANS OTHER THAN EMPLOYEE HEALTH BENEFIT PLANS- The requirements established under subsections (a) and (b) shall be enforced by the State insurance commissioner for the State involved or the official or officials designated by the State, except that in no case shall a State enforce such requirements as they relate to employee health benefit plans.
- (2) EMPLOYEE HEALTH BENEFIT PLANS- With respect to employee health benefit plans, the Secretary shall enforce the requirements established under subsections (a) and (b) in the same manner as provided for under sections 502, 504, 506, and 510 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140).
- (3) PRIVATE RIGHT OF ACTION- A person may bring a civil action--
- (A) to enjoin any act or practice which violates subsection (a) or (b),
- (B) to obtain other appropriate equitable relief (i) to redress such violations, or (ii) to enforce any such subsections, or
- (C) to obtain other legal relief, including monetary damages.
- (4) JURISDICTION- State courts of competent jurisdiction and district courts of the United States have concurrent jurisdiction of actions under this subsection. The district courts of the United States shall have jurisdiction, without respect to the amount in controversy or the citizenship of the parties, to grant the relief provided for in paragraph (3) in any action.
- (5) VENUE- For purposes of this subsection the venue provisions of section 1391 of title 28, United States Code, shall apply.
- (6) REGULATIONS- The Secretary may promulgate such regulations as may be necessary or appropriate to carry out this section.
- (d) APPLICABILITY-
- (1) PREEMPTION OF STATE LAW- A State may establish or enforce requirements for insurance providers or health insurance coverage with respect to the subject matter of this section, but only if such
requirements are more restrictive than the requirements established under subsections (a) and (b).
- (2) RULE OF CONSTRUCTION- Nothing in this section shall be construed to affect or modify the provisions of section 514 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144).
- (3) CONTINUATION- Nothing in this section shall be construed as requiring a group health plan or an employee health benefit plan to provide benefits to a particular participant or beneficiary.
- (e) DEFINITIONS- For purposes of this Act:
- (1) EMPLOYEE HEALTH BENEFIT PLAN- The term `employee health benefit plan' means any employee welfare benefit plan, governmental plan, or church plan (as defined under paragraphs (1), (32), and (33) of section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002)) that provides or pays for health insurance coverage (such as provider and hospital benefits) whether--
- (A) directly;
- (B) through a group health plan; or
- (C) otherwise.
- (2) FAMILY MEMBER- The term `family member' means, with respect to an individual, another individual related by blood to that individual.
- (3) GENETIC INFORMATION- The term `genetic information' means information about genes, gene products, or inherited characteristics.
- (4) GENETIC SERVICES- The term `genetic services' means health services to obtain, assess, and interpret genetic information for diagnostic and therapeutic purposes, and for genetic education and counselling.
- (5) GROUP HEALTH PLAN- The term `group health plan' has the meaning given such term in section 607 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1167), and includes a multiple employer welfare arrangement (as defined in section 3(40) of such Act) that provides health insurance coverage.
- (6) HEALTH INSURANCE COVERAGE- The term `health insurance coverage' means a contractual arrangement for the provision of a payment for health care, including--
- (A) a group health plan; and
- (B) any other health insurance arrangement, including any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract.
- (7) INDIVIDUAL HEALTH PLAN- The term `individual health plan' means any health insurance coverage offered to individuals that is not a group health plan.
- (8) INSURANCE PROVIDER- The term `insurance provider' means an insurer or other entity providing health insurance coverage.
- (9) PERSON- The term `person' includes corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals.
- (10) SECRETARY- The term `Secretary' means the Secretary of Labor.
- (11) STATE- The term `State' means any of the 50 States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, and Guam.
- (f) TECHNICAL AMENDMENT- Section 508 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1138) is amended by inserting `and under the Genetic Insurance Nondiscrimination in Health Insurance Act of 1995' before the period.
- (g) EFFECTIVE DATE- This section shall apply to health insurance coverage offered or renewed on or after the end of the 90-day period beginning on the date of the enactment of this Act.
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