12 2 STA T .894PUBLIC LA W 11 0– 2 3 3 —M A Y 21 , 2008 ‘ ‘ (1)LIM I TA TI ON ON REQU E S TIN G OR REQUIRING GENETI C TESTING .—Ahealt h insur an c e issuer of ferin g health insurance co v erage in the in d ividual m ar k et shall not re q uest or require an individual or a famil y mem b er of such individual to undergo a genetic test. ‘‘( 2 ) R U L EO F CONSTRUCTION.— P aragra p h (1) shall not be construed to limit the authority of a health care professional w ho is providing health care services to an individual to request that such individual undergo a genetic test. ‘‘( 3 ) RULE OF CONSTRUCTION REGAR D ING P A Y MENT.— ‘‘(A) I N GENERAL.— N othing in paragraph (1) shall be construed to preclude a health insurance issuer offering health insurance coverage in the individual market from obtaining and using the results of a genetic test in making a determination regarding payment (as such term is defined for the purposes of applying the regulations promulgated by the S ecretary under part C of title X I of the Social Security Act and section 2 64 of the H ealth Insurance Port - ability and Accountability Act of 1 9 96 , as may be revised from time to time) consistent with subsection (a) and (c). ‘‘( B ) LIMITATION.— F or purposes of subparagraph (A), a health insurance issuer offering health insurance cov- erage in the individual market may request only the min- imum amount of information necessary to accomplish the intended purpose. ‘‘(4) RESEARC H E X CEPTION.—Notwithstanding paragraph (1), a health insurance issuer offering health insurance coverage in the individual market may request, but not require, that an individual or a family member of such individual undergo a genetic test if each of the following conditions is met
‘‘(A) T he request is made pursuant to research that complies with part 46 of title 4 5 , Code of Federal Regula- tions, or equivalent Federal regulations, and any applicable State or local law or regulations for the protection of human sub j ects in research. ‘‘(B) The issuer clearly indicates to each individual, or in the case of a minor child, to the legal guardian of such child, to whom the request is made that— ‘‘(i) compliance with the request is voluntary
and ‘‘(ii) non-compliance will have no effect on enroll- ment status or premium or contribution amounts. ‘‘(C) No genetic information collected or acquired under this paragraph shall be used for underwriting purposes. ‘‘( D ) The issuer notifies the Secretary in writing that the issuer is conducting activities pursuant to the e x ception provided for under this paragraph, including a description of the activities conducted. ‘‘( E ) The issuer complies with such other conditions as the Secretary may by regulation require for activities conducted under this paragraph. ‘‘(e) PROHI B ITION ON COLLECTION OF G ENETIC INFORMATION.— ‘‘(1) IN GENERAL.—A health insurance issuer offering health insurance coverage in the individual market shall not request, require, or purchase genetic information for underwriting pur- poses (as defined in section 2 7 91). ‘‘(2) PROHIBITION ON COLLECTION OF GENETIC INFORMATION PRIOR TO ENROLLMENT.—A health insurance issuer offering Notif i ca tio n.
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