12 2 STA T .8 88 PUBLIC LA W 11 0– 2 3 3 —M A Y 21 , 2008 ‘ ‘ (F)DEFIN I T I O N S.—Termsu se dinth is pa ra g raph w hi c harede f ined in secti o n 73 3 sha l lha v e the meanings provided such terms in such section. ’ ’. (f) R E GULA TIONS AN DE FFE C TI V E DATE.— ( 1 ) REGULATIONS.—The S ecretar y of L a b or shall issue final regulations not later than 1 2 months after the date of enact - ment of this A ct to carry out the amendments made by this section. (2) EFFECTIVE DATE.—The amendments made by this sec- tion shall apply with respect to group health plans for plan years beginning after the date that is 1 year after the date of enactment of this Act. SEC.102 . AM E ND MEN T ST O T H E PUBLI C HEALTH SE RV ICE ACT. (a) A M ENDMENTS RELATING TO T H E GR OU PM AR K ET.— (1) N O DISCRIMINATION IN GROUP PREMIUMS B ASED ON GENETIC INFORMATION.—Section 27 0 2(b) of the P ublic H ealth Service Act ( 4 2 U .S. C . 300gg – 1(b)) is amended— (A) in paragraph (2)(A) , by inserting before the semi- colon the following
‘‘e x cept as provided in paragraph (3)’’
and ( B ) by adding at the end the following: ‘‘(3) NO GROUP-BASED DISCRIMINATION ON BASIS OF GENETIC INFORMATION.— ‘‘(A) I N GENERAL.—For purposes of this section, a group health plan, and health insurance issuer offering group health insurance coverage in connection with 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 health insurance issuer offering health insurance coverage in connection with a group health plan to increase the premium for an employer based on the manifestation of a disease or dis- order 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.’’. (2) LIMITATIONS ON GENETIC TESTING; PROHIBITION ON COLLECTION OF GENETIC INFORMATION; APPLICATION TO ALL PLANS.—Section 2702 of the Public Health Service Act (42 U.S.C. 300gg–1) is amended by adding at the end the following: ‘‘(c) GENETIC TESTING.— ‘‘(1) LIMITATION ON RE Q UESTING OR REQUIRING GENETIC TESTING.—A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall 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.— Ap p licab ili ty.29USC1 1 3 2 no t e .
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