12 2 STA T .89 1 PUBLIC LA W 11 0– 2 3 3 —M A Y 21 , 2008 metaboli te s, t h at d ete c ts g e n ot yp es, m u tations, o r chromo - somal changes .‘ ‘ (B)EXCEPTIONS . —T he term ‘genetic test ’ does not mean— ‘‘(i) an analysis o f proteins or metabolites that does not detect genotypes, mutations, or chromosomal changes
or ‘‘(ii) an analysis of proteins or metabolites that is directly related to a manifested disease, disorder, or pathological condition that could reasonably be detected by a health care professional w ith appropriate training and e x pertise in the field of medicine in v olved. ‘‘( 18 ) G ENETIC SE RV ICES.—The term ‘genetic services’ means— ‘‘( A ) a genetic test; ‘‘(B) genetic counseling (including obtaining, inter- preting, or assessing genetic information); or ‘‘( C ) genetic education. ‘‘(1 9 ) U N D ER W RITIN G P U RPOSES.—The term ‘underwriting purposes’ means, with respect to any group health plan, or health insurance coverage offered in connection with a group health plan— ‘‘(A) rules for, or determination of, eligibility (including enrollment and continued eligibility) for benefits under the plan or coverage; ‘‘(B) the computation of premium or contribution amounts under the plan or coverage; ‘‘(C) the application of any pre-existing condition exclu- sion under the plan or coverage; and ‘‘( D ) other activities related to the creation, renewal, or replacement of a contract of health insurance or health benefits.’’. ( 5 ) R E M EDIES A ND EN F ORCEMENT.— S ection 27 22(b) of the P ublic H ealth Service Act ( 4 2 U.S.C. 30 0gg – 22(b)) is amended by adding at the end the following
‘‘(3) ENFORCEMENT AUT H ORIT Y RE L ATING TO GENETIC DISCRIMINATION.— ‘‘(A) GENERAL RULE.— I n the cases described in para- graph (1), notwithstanding the provisions of paragraph (2)(C), the succeeding subparagraphs of this paragraph shall apply with respect to an action under this subsection by the Secretary with respect to any failure of a health insurance issuer in connection with a group health plan, to meet the re q uirements of subsection (a)(1)( F ), (b)(3), (c), or (d) of section 2702 or section 2701 or 2702(b)(1) with respect to genetic information in connection with the plan. ‘‘(B) AMOUNT.— ‘‘(i) IN GENERAL.—The amount of the penalty imposed under this paragraph shall be $ 100 for each day in the noncompliance period with respect to each participant or beneficiary to whom such failure relates. ‘‘(ii) N ONCOMPLIANCE PERIOD.—For purposes of this paragraph, the term ‘noncompliance period’ means, with respect to any failure, the period— ‘‘(I) beginning on the date such failure first occurs; and Penalti e s.
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