12 2 STA T .8 8 5PUBLIC LA W 11 0– 2 3 3 —M A Y 21 , 2008 ofpar a g rap h(2)i f suc hr eq ues t, require m e n t, or purchase is not in v io l ation of paragraph ( 1 ) .‘ ‘(e) AP P LICAT I ON TO ALL P LAN S . —T he provisions of su b sections (a)(1)( F ), (b)( 3 ), (c), an d (d), and subsection (b)(1) and section 70 1 w ith respect to genetic information, shall appl y to group health plans and health insurance issuers without regard to section 732(a). ’ ’. (c) APPLICATION TO GE NETIC I N F O RM ATION OF A FET U SOR E M B R Y O.— S uch section is further amended by adding at the end the following
‘‘(f) GENETIC INFORMATION OF A FETUS OR EMBRYO.—Any 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.’’. (d) D EFINITIONS.—Section 733(d) of the Employee R etirement Income Security Act of 1 9 7 4 (29 U .S. C . 1191b(d)) is amended by adding at the end the following: ‘‘( 5 ) FAMILY MEMBER.—The term ‘family member’ means, with respect to an individual— ‘‘(A) a dependent (as such term is used for purposes of section 701(f)(2)) of such individual, and ‘‘( B ) any other individual who is a first-degree, second- degree, third-degree, or fourth-degree relative of such indi- vidual or of an individual described in subparagraph (A). ‘‘( 6 ) GENETIC INFORMATION.— ‘‘(A) IN G ENERAL.—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) the manifestation of a disease or disorder in family members of such individual. ‘‘(B) INCLUSION OF GENETIC SER V ICES AN D PARTICIPA- TION IN GENETIC RESEARC H .—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 individual or any family member of such individual. ‘‘(C) E X CLUSIONS.—The term ‘genetic information’ shall not include information about the se x or age of any indi- vidual. ‘‘(7) GENETIC TEST.— ‘‘(A) IN GENERAL.—The term ‘genetic test’ means an analysis of human D N A, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromo- somal changes. ‘‘(B) EXCEPTIONS.—The term ‘genetic test’ does not mean—
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