12 2 STA T .90 2 PUBLIC LA W 110 – 2 3 3 —M A Y 21 , 200 8‘ ‘ (i)INGE NE RAL.—Thet e rm ‘ g e n eti c te s t ’ me a ns an ana ly sis of h u man DNA,R NA, chromosomes, p ro - teins, or meta b olites, that d etects genotypes, mutations, or chromosomal changes. ‘‘(ii) EXC E PTIO N S .—The term ‘genetic test’ does not mean— ‘‘(I) an analysis of proteins or metabolites that does not detect genotypes, mutations, or chromo- somal changes
or ‘‘(II) an analysis of proteins or metabolites that is directly related to a manifested disease, dis- order, or pathological condition that could reason- ably be detected by a health care professional w ith appropriate training and e x pertise in the field of medicine in v olved. ‘‘(D) G ENETIC SER V ICES.—The term ‘genetic services’ means— ‘‘(i) a genetic test; ‘‘(ii) genetic counseling (including obtaining, inter- preting, or assessing genetic information); or ‘‘(iii) genetic education. ‘‘(E) U N D ER W RITING P U RPOSES.—The term ‘under- writing purposes’ means, with respect to a medicare supple- mental policy— ‘‘(i) rules for, or determination of, eligibility (including enrollment and continued eligibility) for benefits under the policy; ‘‘(ii) the computation of premium or contribution amounts under the policy; ‘‘(iii) the application of any pre-existing condition exclusion under the policy; and ‘‘(iv) other activities related to the creation, renewal, or replacement of a contract of health insur- ance or health benefits. ‘‘( F ) ISSUER O F A M EDICARE SUPPLEMENTAL POLIC Y .— The term ‘issuer of a medicare supplemental policy’ includes a third-party administrator or other person acting for or on behalf of such issuer.’’. ( 2 ) APPLICATION TO GENETIC INFORMATION OF A FETUS OR EM B RYO.— S ection 18 82(x) of such Act, as added by paragraph (1), is further amended by adding at the end the following
‘‘( 4 ) GENETIC INFORMATION OF A FETUS OR EMBRYO.—Any reference in this section to genetic information concerning an individual or family member of an individual shall— ‘‘(A) 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 ‘‘( B ) with respect to an individual or family member utili z ing an assisted reproductive technology, include genetic information of any embryo legally held by the indi- vidual or family member.’’. ( 3 ) C ONFORMING AMENDMENT.—Section 1882(o) of the Social Security Act (42 U.S.C. 13 95 ss(o)) is amended by adding at the end the following: ‘‘(4) The issuer of the medicare supplemental policy com- plies with subsection (s)(2)(E) and subsection (x).’’.
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