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HR 2216 IH

To establish limitation with respect to the disclosure and use of genetic information by life and disability insurers, and for other purposes.

July 22, 1997

Mr. KENNEDY of Massachusetts introduced the following bill; which was referred to the Committee on Commerce, and in addition to the Committee on Education and the Workforce, 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

To establish limitation with respect to the disclosure and use of genetic information by life and disability insurers, and for other purposes.

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 Protection in Insurance Coverage Act'.

SEC. 2. DEFINITIONS.

As used in this Act:

(1) DNA- The term `DNA' means deoxyribonucleic acid.

(2) GENETIC INFORMATION- The term `genetic information' means the information about genes, gene products or inherited characteristics that may derive from an individual or a family member.

(3) GENETIC TEST- The term `genetic test' means a test for determining the presence or absence of genetic characteristics in an individual, including tests of nucleic acids such as DNA, RNA and mitochondrial DNA, chromosomes or proteins in order to diagnose a genetic characteristic.

(4) INSURER- The term `insurer' means an insurance company, health care service contractor, fraternal benefit organization, insurance agent, third party administrator, insurance support organization or other person subject to regulation under State insurance laws. Such term includes self-funded health plans and health plans regulated under the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.).

SEC. 3. USE OF GENETIC INFORMATION BY INSURERS PROHIBITED.

No life or disability insurer may--

(1) require any person who applies for an insurance policy to undergo a genetic test to receive such policy;

(2) refuse to enroll any person or accept any individual or any individual's family member as a subscriber on the basis of genetic information of that individual or of the individual's family members;

(3) determine a rate on the basis of the genetic information of that individual or of the individual's family members;

(4) offer or provide different terms, conditions, or benefits on the basis of genetic information of that individual or of the individual's family members;

(5) otherwise consider genetic information in the provision of insurance coverage or benefits;

(6) require or request that any individual or a member of the individual's family reveal whether the individual or a member of the individual's family has obtained a genetic test or what the results of the test were; or

(7) otherwise seek, receive, or maintain any genetic information.

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