12 2 STA T .895PUBLIC LA W 11 0– 2 3 3 —M A Y 21 , 2008 healt h insur an c ec ov era g einthein d ividual m ar k et shall not re q uest , require, or p urchase genetic in f ormation w ith respect to an y individual prior to such individual ’ s enrollment under the plan in connection with such enrollment .‘ ‘ (3)INCIDE N TAL C O LLECTION. — If a health insurance issuer offering health insurance coverage in the individual market o b tains genetic information incidental to the requesting, requiring, or purchasing of other information concerning any individual, such request, requirement, or purchase shall not be considered a violation of paragraph ( 2 ) if such request, requirement, or purchase is not in violation of paragraph ( 1 ). ‘‘(f) G ENETIC IN F O RM ATION OF A F ET US OR E M B R Y O.— A ny ref - erence in this part to genetic information concerning an individual or family member of an individual shall— ‘‘(1) with respect to such an individual or family member of an individual who is a pregnant woman, include genetic information of any fetus carried by such pregnant woman
and ‘‘(2) with respect to an individual or family member uti- li z ing an assisted reproductive technology, include genetic information of any embryo legally held by the individual or family member.’’. (2) R EMEDIES AND ENFORCEMENT.— S ection 2 76 1(b) of the P ublic H ealth Service Act ( 4 2 U .S. C . 3 0 0gg – 61(b)) is amended to read as follows
‘‘(b) SECRETARIAL ENFORCEMENT AUT H ORITY.— T he Secretary shall have the same authority in relation to enforcement of the provisions of this part with respect to issuers of health insurance coverage in the individual market in a State as the Secretary has under section 2722(b)(2), and section 2722(b)(3) with respect to violations of genetic nondiscrimination provisions, in relation to the enforcement of the provisions of part A with respect to issuers of health insurance coverage in the small group market in the State.’’. (c) ELIMINATION OF OP TION OF N ON-FEDERAL GO V ERNMENTAL PLANS TO B EE X CEPTED FROM RE Q UIREMENTS CONCERNIN G GENETIC INFORMATION.—Section 2721(b)(2) of the Public Health Service Act (42 U.S.C. 300gg–21(b)(2)) is amended— (1) in subparagraph (A), by striking ‘‘If the plan sponsor’’ and inserting ‘‘E x cept as provided in subparagraph ( D ), if the plan sponsor’’; and (2) by adding at the end the following: ‘‘(D) ELECTION NOT APPLICABLE TO REQUIREMENTS CON- CERNING GENETIC INFORMATION.—The election described in subparagraph (A) shall not be available with respect to the provisions of subsections (a)(1)(F), (b)(3), (c), and (d) of section 2702 and the provisions of sections 2701 and 2702(b) to the extent that such provisions apply to genetic information.’’. (d) REGULATIONS AND EFFECTIVE DATE.— (1) REGULATIONS.—Not later than 12 months after the date of enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to carry out the amendments made by this section. (2) EFFECTIVE DATE.—The amendments made by this sec- tion shall apply— Ap p licab ili ty.42USC30 0 g g –1no t e .
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