110th Congress

Genetic Nondiscrimination

P.L. 110-233 (H.R. 493/S. 358)

Impact of Public Law

P.L. 110-233, the Genetic Information Nondescrimination Act of 2007, prohibits discrimination in health insurance and employment on the basis of predictive genetic information by preventing health insurers and employers from using genetic information to determine eligibility, set premiums, or hire and fire employees. It also prohibits health insurers in both the group and individual markets from:

• Using genetic information to impose enrollment restrictions or adjust premium or contribution amounts
• Requesting genetic testing or test results
• Requesting or requiring the use of genetic information for the purposes of underwriting

With regard to employment, P.L. 110-233 grants enforcement powers to the Equal Employment Opportunity Commission. The Act:

• Makes it unlawful for an employer, an employment agency, a labor organization, or a training program to discriminate against an individual or deprive an individual of employment opportunities because of genetic information
• Prohibits the collection of genetic information, except where necessary to monitor the effects of toxic substances in the workplace, when authorized by the employee, or as required by law
• Safeguards the confidentiality of genetic information in the workplace

The law defines a genetic test as an analysis of human DNA, RNA, chromosomes, proteins, or metabolites that detects genotypes, mutations, or chromosomal changes. It specifically excludes any analysis of proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes and any 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 medical field involved.

The law defines genetic information as information about the genetic tests of an individual or family member or the occurrence of a disease or disorder in an individual’s family members. It specifically excludes information about the age or sex of an individual.

Legislative History

H.R. 493 was introduced by Representative Louise McIntosh Slaughter (D-NY) on January 16, 2007, and was referred to the House Committees on Energy and Commerce, on Education and Labor, and on Ways and Means. On January 30, the House Education and Labor Subcommittee on Health, Employment, Labor, and Pensions held a hearing on H.R. 493. The full Committee reported out the bill favorably on February 14. On March 8, the House Energy and Commerce Subcommittee on Health held a hearing on H.R. 493. The full Committee reported out the bill favorably as amended by the Committee on March 29. On March 14, the House Ways and Means Subcommittee on Health held a hearing on H.R. 493. The full Committee reported out the bill favorably on March 23. On April 25, H.R. 493 was passed by the House under suspension of the rules by a vote of 420 to 3. On April 24, 2008, H.R. 493, as amended by a manager’s amendment, was passed by the Senate by a vote of 95 to 0. On May 1, H.R. 493, as amended and passed by the Senate, was passed by the House by a vote of 414 to 1. On May 21, President Bush signed H.R. 493 into law as P.L. 110-233.

S. 358 was introduced by Senator Olympia J. Snowe (R-ME) on January 22, 2007. On March 29, it was reported out of the Senate Committee on Health, Education, Labor and Pensions with an amendment in the nature of a substitute. No further action has occurred on this legislation.

May 2008