12 2 STA T .896PUBLIC LA W 11 0– 2 3 3 —M A Y 21 , 2008 (A)withresp e c tt og ro u phe al th pla n s , an d health insurance co v erage o f fered in connection with group health plans, for plan y ears b eginning after the date that is 1 year after the date of enact m ent of this Act
and ( B ) with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the indi - vidual mar k et after the date that is 1 year after the date of enactment of this Act .SEC.103 . AM E ND MEN T ST O T H E I NTE R NA L RE V EN U ECODEO F 1 986 . (a) NODISCR I M I NAT ION IN G RO UPP R E MIUMS BASE D ON GENETIC I N F ORMATION. —S ubsection (b) of section 9802 of the Internal R ev- enue C ode of 198 6 is amended— (1) in paragraph (2)(A), by inserting before the semicolon the following
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‘e x cept as provided in paragraph ( 3 ) ’ ’; and (2) by adding at the end the following: ‘‘(3) NO G ROUP- B ASED DISCRIMINATION ON BASIS OF GENETIC INFORMATION.— ‘‘(A) IN GENERA L .— F or purposes of this section, a group health plan may not ad j ust premium or contribution amounts for the group covered under such plan on the basis of genetic information. ‘‘(B) RULE OF CONSTRUCTION.—Nothing in subpara- graph (A) or in paragraphs (1) and (2) of subsection (d) shall be construed to limit the ability of a group health plan to increase the premium for an employer based on the manifestation of a disease or disorder of an individual who is enrolled in the plan. In such case, the manifestation of a disease or disorder in one individual cannot also be used as genetic information about other group members and to further increase the premium for the employer.’’. (b) L IMITATIONS ON GENETIC T ESTING; PRO H IBITION ON COLLEC- TION OF GENETIC INFORMATION; APPLICATION TO ALL PLANS.—Sec- tion 9802 of such Code is amended by redesignating subsection (c) as subsection (f) and by inserting after subsection (b) the fol- lowing new subsections: ‘‘(c) GENETIC TESTING.— ‘‘(1) LIMITATION ON RE Q UESTING OR REQUIRING GENETIC TESTING.—A group health plan may not re q uest or require an individual or a family member of such individual to undergo a genetic test. ‘‘(2) RULE OF CONSTRUCTION.—Paragraph (1) 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. ‘‘(3) RULE OF CONSTRUCTION REGARDING PA Y MENT.— ‘‘(A) IN GENERAL.—Nothing in paragraph (1) shall be construed to preclude a group health plan from obtaining and using the results of a genetic test in making a deter- mination regarding payment (as such term is defined for the purposes of applying the regulations promulgated by the Secretary of H ealth and Human Services under part C of title X I of the Social Security Act and section 26 4 of the Health Insurance Portability and Accountability Act of 1996, as may be revised from time to time) consistent with subsection (a). 26USC980 2 .
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