12 2 STA T .893PUBLIC LA W 11 0– 233 —M A Y 21 , 2008 (1)INGE NE RAL.—Thefirst s ubpa rt 3o f part B of tit l e X X V II of the P ubli cH ealth S er v ice A ct( 42U .S. C . 3 0 0 g g –5 1etse q .) (relati n g to other require m ents) is amen d ed— (A) b y redesignating such subpart as subpart 2
and (B) by adding at the end the follo w ing
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‘ SEC.2753 . PROHIB I T IO N O F HE AL TH D ISCRI M INATION ON THE BASIS OF G ENETIC INFORMATION. ‘ ‘(a) PR OHIB I T ION ON G ENETI C IN F OR M ATION A S A CON D ITION OF E LIGIBILIT Y .— ‘‘(1) IN GENERAL.—A health insurance issuer offering health insurance coverage in the individual mar k et may not establish rules for the eligibility (including continued eligibility) of any individual to enroll in individual health insurance coverage based on genetic information. ‘‘(2) RU LE OF CONSTRUCTION.— N othing in paragraph (1) or in paragraphs (1) and (2) of subsection (e) shall be construed to preclude a health insurance issuer from establishing rules for eligibility for an individual to enroll in individual health insurance coverage based on the manifestation of a disease or disorder in that individual , or in a family member of such individual where such family member is covered under the policy that covers such individual. ‘‘(b) PROHIBITION ON GENETIC INFORMATION IN SETTING PRE - MIUM RATES.— ‘‘(1) IN GENERAL.—A health insurance issuer offering health insurance coverage in the individual market shall not ad j ust premium or contribution amounts for an individual on the basis of genetic information concerning the individual or a family member of the individual. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) or in paragraphs (1) and (2) of subsection (e) shall be construed to preclude a health insurance issuer from adjusting premium or contribution amounts for an individual on the basis of a manifestation of a disease or disorder in that individual, or in a family member of such individual where such family member is covered under the policy that covers such individual. In such case, the manifestation of a disease or disorder in one individual cannot also be used as genetic information about other individuals covered under the policy issued to such indi- vidual and to further increase premiums or contribution amounts. ‘‘(c) PROHIBITION ON GENETIC INFORMATION AS PREE X ISTING CONDITION.— ‘‘(1) IN GENERAL.—A health insurance issuer offering health insurance coverage in the individual market may not, on the basis of genetic information, impose any pree x isting condition exclusion (as defined in section 2 7 01(b)(1)(A)) with respect to such coverage. ‘‘(2) RULE OF CONSTRUCTION.—Nothing in paragraph (1) or in paragraphs (1) and (2) of subsection (e) shall be construed to preclude a health insurance issuer from imposing any pre- existing condition exclusion for an individual with respect to health insurance coverage on the basis of a manifestation of a disease or disorder in that individual. ‘‘(d) GENETIC TESTING.— 42USC30 0 g g –5 3 .
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