12 2 STA T .89 8 PUBLIC LA W 11 0– 2 3 3 —M A Y 21 , 2008 informat ion of an y f e t usc arrie db y suc hp re g nant w oman
and ‘ ‘ (2) with respect to an indi v idua l 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) DEFIN I T I O N S . —S ubsection (d) of section 983 2 of such C ode is amended by adding at the end the following
‘‘( 6 ) FAM I LY MEM B E R .— T he term ‘family member’ means, with respect to any individual— ‘‘( A ) a dependent (as such term is used for purposes of section 98 01 (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). ‘‘( 7 ) G ENETI C INFORMATION.— ‘‘(A) I N 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) INCL U SION OF GENETIC SER V ICES AN DP ARTICIPA- TION IN GENETIC RESEARC H .—Such term includes, with respect to any individual, any re q uest 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) EX CLUSIONS.—The term ‘genetic information’ shall not include information about the se x or age of any indi- vidual. ‘‘(8) GENETIC TEST.— ‘‘(A) IN GENERAL.—The term ‘genetic test’ means an analysis of human D N A, R NA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromo- somal changes. ‘‘(B) EXCEPTIONS.—The term ‘genetic test’ does not mean— ‘‘(i) an analysis of 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 with appropriate training and expertise in the field of medicine involved. ‘‘(9) GENETIC SERVICES.—The term ‘genetic services’ means— ‘‘(A) a genetic test; ‘‘(B) genetic counseling (including obtaining, inter- preting, or assessing genetic information); or ‘‘(C) genetic education. ‘‘(10) U NDER W RITING PURPOSES.—The term ‘underwriting purposes’ means, with respect to any group health plan, or health insurance coverage offered in connection with a group health plan— 26USC983 2 .
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