12 2 STA T .90 0 PUBLIC LA W 110 – 2 3 3 —M A Y 21 , 200 8ordis ord e ro fan indi v id u a lwh ois c overed under t he p olic y( in such case , the m anifestation of a disease or disorder in one individual cannot also b e used as g enetic information about other group members and to further increase the premium for the employer ).’ ’. (b) LIM I TA TI ONS ON GE NETI CT ESTIN G AN D GENETIC I N F O R MA - TION. — ( 1 ) IN GENERA L .— S ection 1 8 8 2 of the Social Security A ct ( 4 2 U .S. C . 1 395 ss) is amended by adding at the end the fol- lowing
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‘( x ) LIMITATIONS ON GENETIC TESTING AND INFORMATION.— ‘‘(1) GENETIC TESTING.— ‘‘(A) LIMITATION ON RE QU ESTING OR REQUIRING GENETIC TESTING.—An issuer of a medicare supplemental policy shall not re q uest or require an individual or a family member of such individual to undergo a genetic test. ‘‘( B ) R ULE OF CONSTRUCTION.—Subparagraph (A) shall not be construed to limit the authority of a health care professional who is providing health care services to an individual to request that such individual undergo a genetic test. ‘‘(C) RULE OF CONSTRUCTION REGARDING P A Y MENT.— ‘‘(i) IN GENERAL.— N othing in subparagraph (A) shall be construed to preclude an issuer of a medicare supplemental policy from obtaining and using the results of a genetic test in ma k ing a determination regarding payment (as such term is defined for the purposes of applying the regulations promulgated by the Secretary under part C of title X I and section 2 6 4of the H ealth Insurance P ortability and Account- ability Act of 1996, as may be revised from time to time) consistent with subsection (s)(2)( E ). ‘‘(ii) LIMITATION.— F or purposes of clause (i), an issuer of a medicare supplemental policy may request only the minimum amount of information necessary to accomplish the intended purpose. ‘‘( D ) RESEARC H E X CEPTION.—Notwithstanding subpara- graph (A), an issuer of a medicare supplemental policy 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: ‘‘(i) The request is made pursuant to research that complies with part 46 of title 45, Code of Federal Regulations, or equivalent Federal regulations, and any applicable State or local law or regulations for the protection of human sub j ects in research. ‘‘(ii) 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 enrollment status or premium or contribution amounts.
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