12 2 STA T .8 8 9PUBLIC LA W 11 0– 2 3 3 —M A Y 21 , 2008 ‘ ‘ (A)INGE NE RAL.—Nothing in par agraph ( 1 ) s ha l l bec onstr u e d to preclude a group health plan , or a health insurance issuer o f fering health insurance co v erage in connection w ith a group health plan, fro m obtaining and using the results of a genetic test in ma k ing a determina - tion regarding pa y ment (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 264 of the H ealth Insurance P ortability and Accountability Act of 1 9 96, as may be revised from time to time) consistent with subsection (a). ‘‘( B ) LIM I T ATI O N.— F or purposes of subparagraph (A), a group health plan, or a health insurance issuer offering health insurance coverage in connection with a group health plan, may re q uest only the minimum amount of information necessary to accomplish the intended purpose. ‘‘(4) R E S EAR CH E X CE P TION.—Notwithstanding paragraph (1), a group health plan, or a health insurance issuer offering health insurance coverage in connection with a group health plan, may request, but not require, that a participant or bene- ficiary 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 plan or issuer clearly indicates to each partici- pant or beneficiary, or in the case of a minor child, to the legal guardian of such beneficiary, 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 plan or issuer notifies the Secretary in writing that the plan or issuer is conducting activities pursuant tothee x ception provided for under this paragraph, including a description of the activities conducted. ‘‘( E ) The plan or issuer complies with such other condi- tions as the Secretary may by regulation require for activi- ties conducted under this paragraph. ‘‘(d) PROHI B ITION ON COLLECTION O FG ENETIC INFORMATION.— ‘‘(1) IN GENERAL.—A group health plan, and a health insur- ance issuer offering health insurance coverage in connection with a group health plan, shall not request, require, or purchase genetic information for underwriting purposes (as defined in section 2 7 91). ‘‘(2) PROHIBITION ON COLLECTION OF GENETIC INFORMATION PRIOR TO ENROLLMENT.—A group health plan, and a health insurance issuer offering health insurance coverage in connec- tion with a group health plan, shall not request, require, or purchase genetic information with respect to any individual prior to such individual ’ s enrollment under the plan or coverage in connection with such enrollment. Notif i ca tio n.
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