12 2 STA T .90 1 PUBLIC LA W 110 – 2 3 3 —M A Y 21 , 200 8‘ ‘ (i ii )Nogen e t i c in f o rma tion co l lecte d or ac qu ired under t h i s su bp aragraph shall be used for under -w riting , determination of eligibilit y to enroll or main- tain enrollment status, premium rating, or the cre- ation, renewal, or replacement of a plan, contract, or co v erage for health insurance or health benefits . ‘‘(iv) T he issuer notifies the S ecretary in writing that the issuer is conducting activities pursuant to the e x ception provided for under this subparagraph, including a description of the activities conducted. ‘‘(v) The issuer complies with such other conditions as the Secretary may by regulation require for activi- ties conducted under this subparagraph. ‘‘( 2 ) PROHIB I T IO N ON C O L L E CTION O FG ENETIC INFOR MA - TION. — ‘‘( A ) I N GENERAL.—An issuer of a medicare supple- mental policy shall not request, require, or purchase genetic information for underwriting purposes (as defined in para- graph ( 3 )). ‘‘( B ) PROHIBITION ON COLLECTION OF GENETIC INFORMA- TION P RIOR TO ENROLLMENT.—An issuer of a medicare supplemental policy shall not request, require, or purchase genetic information with respect to any individual prior to such individual ’ s enrollment under the policy in connec- tion with such enrollment. ‘‘( C ) INCI D ENTAL COLLECTION.—If an issuer of a medi- care supplemental policy obtains genetic information inci- dental to the requesting, requiring, or purchasing of other information concerning any individual, such request, requirement, or purchase shall not be considered a violation of subparagraph (B) if such request, requirement, or pur- chase is not in violation of subparagraph (A). ‘‘(3) D EFINITION S .—In this subsection
‘‘(A) F AMIL Y MEMBER.—The term ‘family member’ means with respect to an individual, any other individual who is a first-degree, second-degree, third-degree, or fourth- degree relative of such individual. ‘‘(B) G ENETIC INFORMATION.— ‘‘(i) IN GENERAL.—The term ‘genetic information’ means, with respect to any individual, information about— ‘‘(I) such individual’s genetic tests, ‘‘(II) the genetic tests of family members of such individual, and ‘‘(III) sub j ect to clause (iv), the manifestation of a disease or disorder in family members of such individual. ‘‘(ii) INCL U SION OF GENETIC SER V ICES AND PARTICI- PATION IN GENETIC RESEARCH.—Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such indi- vidual or any family member of such individual. ‘‘(iii) EX CLUSIONS.—The term ‘genetic information’ shall not include information about the sex or age of any individual. ‘‘(C) GENETIC TEST.—
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