text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Genetic Privacy and 
  Nondiscrimination Act of 2003''.
  
  SEC. 2. AMENDMENTS TO THE PUBLIC HEALTH SERVICE ACT.
  
      (a) Amendments Relating to the Group Market.--
              (1) Prohibition of health discrimination on the basis of 
          genetic information in the group market.--
                      (A) No enrollment restriction for genetic 
                  services.--Section 2702(a)(1)(F) of the Public Health 
                  Service Act (42 U.S.C. 300gg-1(a)(1)(F)) is amended by 
                  inserting before the period the following: ``(including 
                  information about a request for or receipt of genetic 
                  services)''.
                      (B) No discrimination in premiums based on 
                  predictive genetic information.--Subpart 2 of part A of 
                  title XXVII of the Public Health Service Act (42 U.S.C. 
                  300gg-4 et seq.) is amended by adding at the end the 
                  following new section:
  
  ``SEC. 2707. PROHIBITING PREMIUM DISCRIMINATION AGAINST GROUPS ON THE 
                BASIS OF PREDICTIVE GENETIC INFORMATION IN THE GROUP 
                MARKET.
  
      ``A group health plan, or a health insurance issuer offering group 
  health insurance coverage in connection with a group health plan shall 
  not adjust premium or contribution amounts for a group on the basis of 
  predictive genetic information concerning any individual (including a 
  dependent) or family member of the individual (including information 
  about a request for or receipt of genetic services).''.
                      (C) Conforming amendment.--Section 2702(b) of the 
                  Public Health Service Act (42 U.S.C. 300gg-1(b)) is 
                  amended by adding at the end the following:
              ``(3) Reference to related provision.--For a provision 
          prohibiting the adjustment of premium or contribution amounts 
          for a group under a group health plan on the basis of 
          predictive genetic information (including information about a 
          request for or receipt of genetic services), see section 
          2707.''.
              (2) Definitions.--Section 2791(d) of the Public Health 
          Service Act (42 U.S.C. 300gg-91(d)) is amended by adding at the 
          end the following:
              ``(15) Family member.--The term `family member' means, with 
          respect to an individual--
                      ``(A) the spouse of the individual;
                      ``(B) a dependent child of the individual; and
                      ``(C) all other individuals related by blood to the 
                  individual or the spouse or child described in 
                  subparagraph (A) or (B).
              ``(16) Genetic services.--The term `genetic services' means 
          health services for an individual provided to interpret and 
          assess predictive genetic information for diagnostic or 
          therapeutic purposes as well as to counsel individuals 
          regarding the use of specific predictive genetic information.
              ``(17) Predictive genetic information.--
                      ``(A) In general.--The term `predictive genetic 
                  information' means individually identifiable 
                  information which identifies the presence, absence, 
                  variation, alteration, or modification of a human gene 
                  or genes that--
                              ``(i) are scientifically or medically 
                          identifiable; and
                              ``(ii) are--
                                      ``(I) known to be a primary cause 
                                  of a disease, disorder, or syndrome in 
                                  a person, or associated with a 
                                  significantly increased statistical 
                                  risk of development of a disease, 
                                  disorder, or syndrome in a person, but 
                                  which have not resulted in signs in the 
                                  person that would otherwise permit 
                                  diagnosis of the disease, disorder, or 
                                  syndrome; or
                                      ``(II) associated with an increased 
                                  statistical risk of a person having 
                                  offspring with a disease, disorder, or 
                                  syndrome.
                      ``(B) Limitations.--The term `predictive genetic 
                  information' does not include--
                              ``(i) information from which individual 
                          identifiers are removed, encoded, or encrypted 
                          to prevent disclosure of the individual's 
                          identity;
                              ``(ii) information for research conducted 
                          in compliance with the regulations and 
                          protections provided for under parts 50 and 56 
                          of title 21 and under part 46 of title 45, Code 
                          of Federal Regulations; or
                              ``(iii) information related to a manifested 
                          disease, disorder, impairment, or condition 
                          which could be reasonably detected by a health 
                          care professional with appropriate training and 
                          expertise in the field of medicine involved.
              ``(18) Predictive genetic test.--The term `predictive 
          genetic test' means a laboratory test on a biological sample of 
          a person performed solely to obtain predictive genetic 
          information.''.
      (b) Amendments Relating to the Individual Market.--The first 
  subpart 3 of part B of title XXVII of the Public Health Service Act (42 
  U.S.C. 300gg-51 et seq.) (relating to other requirements) is amended by 
  adding at the end the following:
  
  ``SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON THE BASIS OF 
                PREDICTIVE GENETIC INFORMATION.
  
      ``(a) Prohibition on Predictive Genetic Information as a Condition 
  of Eligibility.--A health insurance issuer offering health insurance 
  coverage in the individual market may not use predictive genetic 
  information as a condition of eligibility of an individual to enroll in 
  individual health insurance coverage (including information about a 
  request for or receipt of genetic services).
      ``(b) Prohibition on Predictive Genetic Information in Setting 
  Premium Rates.--A health insurance issuer offering health insurance 
  coverage in the individual market shall not adjust premium rates for 
  individuals on the basis of predictive genetic information concerning 
  such an individual (including a dependent) or a family member of the 
  individual (including information about a request for or receipt of 
  genetic services).''.
      (c) Effective Date.--The amendments made by this section shall 
  apply with respect to--
              (1) group health plans, and health insurance coverage 
          offered in connection with group health plans, for plan years 
          beginning after 1 year after the date of enactment of this Act; 
          and
              (2) health insurance coverage offered, sold, issued, 
          renewed, in effect, or operated in the individual market after 
          1 year after the date of enactment of this Act.
target: Genetic Privacy and Nondiscrimination Act of 2003 - Amends the Public Health Service Act to prohibit a group or individual health care plan or health insurance issuer from restricting enrollment or adjusting premium or contribution amounts on the basis of predictive genetic information about an individual or family member of such individual.
feat_title: To amend the Public Health Service Act to prohibit health discrimination against individuals and their family members on the basis of genetic information, and for other purposes.