12 2 STA T .89 9 PUBLIC LA W 11 0– 2 3 3 —M A Y 21 , 2008 ‘ ‘ (A)rulesfo r , or d e t er mina tion of, eli g i b ilit y (in c luding enrollment and continued eligibility) for benefits under t h e p lan or co v erage
‘‘( B ) the computation of premium or contribution amounts under the plan or coverage; ‘‘( C ) the application of any pre - e x isting condition exclu- sion under the plan or coverage; and ‘‘( D ) other activities related to the creation, rene w al, or replacement of a contract of health insurance or health benefits .’ ’. (e) ENFORCEM EN T . — ( 1 ) I N G ENER AL .— S ubchapter C of chapter 1 0 0of the Internal R evenue Code of 1 986 (relating to general provisions) is amended by adding at the end the following new section
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‘ SEC.9834 .E NFOR CE M EN T . ‘‘ F or the imposition of tax on any failure of a group health plan to meet the re q uirements of this chapter, see section 4 980D.’’. ( 2 ) CONFORM I NG AMEN D MENT.— T he table of sections for subchapter C of chapter 100 of such Code is amended by adding at the end the following new item: ‘ ‘ Sec.9834 . Enfor ce m en t . ’ ’. (f) REG U LATION S AND EFFECTI V E DATE.— (1) REGULATIONS.—The Secretary of the Treasury shall issue final regulations or other guidance not later than 12 months after the date of the enactment of this Act to carry out the amendments made by this section. (2) EFFECTIVE DATE.—The amendments made by this sec- tion shall apply with respect to group health plans for plan years beginning after the date that is 1 year after the date of the enactment of this Act. SEC. 10 4. A MEN D MENTS TO T I T L E XV IIIOFT H E SOCIAL SEC U RIT Y ACT RELATIN G TO MEDIGA P . (a) N ONDISCRIMINATION.—Section 1882(s)(2) of the Social Secu- rity Act (42 U .S.C. 1 3 9 5 ss(s)(2)) is amended by adding at the end the following: ‘‘(E) An issuer of a medicare supplemental policy shall not deny or condition the issuance or effectiveness of the policy (including the imposition of any exclusion of benefits under the policy based on a pre-existing condition) and shall not discriminate in the pricing of the policy (including the ad j ustment of premium rates) of an individual on the basis of the genetic information with respect to such indi- vidual. ‘‘(F) RULE OF CONSTRUCTION.—Nothing in subpara- graph (E) or in subparagraphs (A) or (B) of subsection (x)(2) shall be construed to limit the ability of an issuer of a medicare supplemental policy from, to the extent other- wise permitted under this title— ‘‘(i) denying or conditioning the issuance or effectiveness of the policy or increasing the premium for an employer based on the manifestation of a disease or disorder of an individual who is covered under the policy; or ‘‘(ii) increasing the premium for any policy issued to an individual based on the manifestation of a disease Ap p licab ili ty.26USC980 2 no t e .
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