Rules

• Rule: Genetic Information Nondiscrimination Act of 2008

  [Note 1: An additional challenge is that statutes are not assigned numbers in the United States Code for some time after the law is passed. Until then, they are generally described first by the bill number and then by the Public Law number. This statute was "enrolled" as HR493 and became Public Law 110-233.]

  [Note 2: Another challenge is posed by the time lag between the date a law passes and the date it becomes effective. This gives time to get the rules into TAMI, but means they need to have some sort of date activated trigger. This statute became law on May 21, 2008 and becomes effective May 8, 2009 for the health plan provisions and November 8, 2009 for employment related provisions.]

  • Sub Rule: Genetic Nondiscrimination in Health Insurance
    • Short Form:
      • {Group health plan|group health insurance issuer} may not use genetic information as the basis for changing {premium|contribution amounts} for the covered group.
    • Original text: "IN GENERAL- For purposes of this section, a group health plan, and a health insurance issuer offering group health insurance coverage in connection with a group health plan, may not adjust premium or contribution amounts for the group covered under such plan on the basis of genetic information."
    • Citation: P.L. 110-233, Section 101(a)(3)(A).
    • Amends: 29 U.S.C. 1182(b) (this text to be added to the end)
      • Exception: Actual Disease
        • Short Form:
          • One insured person manifests a disease or disorder
            • Change made by health insurance issuer
            • Change is a premium increase
            • Change applies to an employer
            • (K note: implies the change is related to the disease|disorder)
        • Original Text: "Nothing in subparagraph (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 disorder of an individual who is enrolled in the plan."
        • Citation: P.L. 110-233, Section 101(a)(3)(B).
        • Amends: 29 U.S.C. 1182(b) (this text to be added to the end, following (A) above)
        • Prohibition: Imputation to other Group Members
          • Short Form:
            • Cannot use genetic information about person with disease
              • to impute genetic information to other insureds
                • as basis for additional premium increase
                  • increase applied to employer
          • Original Text: "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.'"
          • Citation: P.L. 110-233, Section 101(a)(3)(B).
    • Condition: Limitation on Requesting or Requiring Genetic Testing
      • Short Form:
        • {Group health plan|group health insurance issuer} may not {request|require} genetic test for {insured|family member of insured}
      • Original Text: "A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall not request or require an individual or a family member of such individual to undergo a genetic test."
      • Citation: P.L. 110-233, Section 101(b)
      • Amends 29 U.S.C. 1182 by adding a section (c)(1)
      • Exception: Care provider
        • Short form:
          • Any health care provider who is providing health services to an individual can recommend genetic test(s) to that individual
        • Original text: "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."
        • Citation: P.L. 110-233, Section 101(b)
        • Amends 29 U.S.C. 1182 by adding a section (c)(2)
    • Prohibiton: Collecting Genetic Testing Data
      • Short Form:
        • {Group health plan|group health insurance issuer} shall not {request|require|purchase} genetic information
          • for underwriting purposes
      • Original Text: "A group health plan, and a health insurance issuer offering health insurance coverage in connection with a group health plan, shall not request, require, or purchase genetic information for underwriting purposes (as defined in section 733)"
      • Citation: P.L. 110-233 Section 101(b)
      • Amends 29 U.S.C. 1182 by adding a section (d)(1)
      • Exception: Incidental Collection
        • Short Form:
          • x
        • Original Text: 'If a group health plan, or a health insurance issuer offering health insurance coverage in connection with a group health plan, obtains genetic information incidental to the requesting, requiring, or purchasing of other information concerning any individual, such request, requirement, or purchase shall not be considered a violation of paragraph (2) if such request, requirement, or purchase is not in violation of paragraph (1)."
        • Citation: P.L. 110-233 Section 101(b)
        • Amends 29 U.S.C. 1182 by adding a section (d)(2)