text: SECTION 1. REQUIREMENT TO DISCLOSE TO INSURANCE APPLICANTS CERTAIN 
                MEDICAL TEST RESULTS.
  
      (a) In General.--Except as provided in subsections (c) and (d), a 
  life or disability insurer who requires, as a condition for the sale of 
  a covered insurance product, that an applicant for the purchase of the 
  product submit to an examination or test by a physician, health 
  professional, or medical laboratory--
              (1) shall require the physician, health professional, or 
          laboratory to provide the results to the insurer in the form of 
          a written report containing the findings of the physician, 
          professional, or laboratory, including the results of all 
          tests, diagnoses, and conclusions made; and
              (2) shall mail, not later than 30 days after the date on 
          which the insurer receives such report, the report to the 
          applicant at an address provided for this purpose by the 
          applicant.
      (b) Abnormal Finding.--In any case in which a life or disability 
  insurer mails a report to an applicant under subsection (a) that 
  contains a finding of abnormality or irregularity with respect to the 
  health or condition of the applicant, the insurer shall include with 
  the report a document that--
              (1) highlights the abnormal or irregular finding in 
          language that is understandable to a person of average 
          intelligence with no medical training; and
              (2) advises the applicant to consult with a suitable health 
          professional for further explanation and appropriate follow-up.
      (c) Election To Receive Results through Physician.--An applicant 
  described in subsection (a) may elect to have the report described in 
  such subsection, and the document described in subsection (b), mailed 
  to a physician of the applicant's choice designated by the applicant 
  for such purpose, in lieu of having the report and document mailed to 
  the applicant. The election shall be effective in any case where the 
  applicant, before the date of the examination or test, submits to the 
  insurer an election form described in subsection (e)(1) that includes--
              (1) a check-off box, marked by hand by the applicant, 
          showing the applicant's election to have the report and 
          document mailed to such physician;
              (2) the applicant's signature; and
              (3) the date on which the form was completed by the 
          applicant.
      (d) Waiver by Applicant.--Subsections (a) and (b) shall not apply 
  where the applicant, before the date of the examination or test, 
  declines to receive the results by submitting to the insurer a waiver 
  form described in subsection (e)(1) that includes--
              (1) a check-off box, marked by hand by the applicant, 
          showing the applicant's choice to waive the applicant's right 
          to receive any reports under subsection (a);
              (2) the applicant's signature; and
              (3) the date on which the form was completed by the 
          applicant.
      (e) Requirements Relating to Forms.--
              (1) Requirement to supply forms.--A life or disability 
          insurer described in subsection (a) shall furnish to an 
          applicant described in such subsection an election form, 
          sufficient for purposes of subsection (c), and a waiver form, 
          sufficient for purposes of subsection (d), at the same time the 
          insurer furnishes to the applicant the application for sale of 
          the covered product. The forms shall be distinct from, and not 
          a part of, such application.
              (2) Copy.--A life or disability insurer described in 
          subsection (a) shall furnish to an applicant described in such 
          subsection a copy of an election form or a waiver form 
          submitted to the insurer by the applicant upon the insurer's 
          receipt of the form.
              (3) Revocation.--An election under subsection (c), or a 
          waiver under subsection (d), may be revoked by the applicant at 
          any time, through a written or oral notification to the life or 
          disability insurer.
  
  SEC. 2. PROHIBITION ON CERTAIN DISCLOSURES OF EXAMINATION RESULTS.
  
      A life or disability insurer who requires, as a condition for the 
  sale of a covered insurance product, that an applicant for the purchase 
  of the product submit to an examination or test by a physician, health 
  professional, or medical laboratory may not disclose to any other 
  person, in any form, the results of such examination or test, except--
              (1) as provided in section 1;
              (2) pursuant to a valid and fully executed written 
          authorization for such disclosure--
                      (A) during the period specified by the 
                  authorization, in the case of an authorization that 
                  permits the disclosure to be made only during a period 
                  that is shorter than the 2-year period beginning on the 
                  date the authorization is executed by the applicant; or
                      (B) during 2-year period beginning on the date the 
                  authorization is executed by the applicant, in the case 
                  of any other authorization;
              (3) pursuant to a court order, subpoena, warrant, or search 
          warrant, for use by a law enforcement agency in an official law 
          enforcement investigation or proceeding inquiring into a 
          violation of any civil or criminal law, and where such 
          disclosure is expressly required by an applicable law other 
          than this Act;
              (4) where the disclosure is made to a public health 
          authority and is expressly required by an applicable law other 
          than this Act.
  
  SEC. 3. CIVIL ACTION BY AGGRIEVED PERSON.
  
      (a) In General.--Any person who is aggrieved by a violation of this 
  Act by a life or disability insurer may commence a civil action against 
  the insurer in an appropriate State court or district court of the 
  United States.
      (b) Relief.--
              (1) In general.--In an action under this section, if the 
          court finds that the defendant has failed to comply with this 
          Act, the aggrieved person may recover--
                      (A) statutory damages in an amount equal to $10,000 
                  for each such violation;
                      (B) compensatory damages; and
                      (C) punitive damages.
              (2) Attorney's fees.--In an action under this section, the 
          court, in its discretion, may allow a prevailing plaintiff, 
          other than the United States, a reasonable attorney's fee 
          (including expert fee) as part of the costs, and the United 
          States shall be liable for costs the same as a private person.
  
  SEC. 4. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT.
  
      For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C. 
  1012(b); commonly known as the McCarran-Ferguson Act), this Act shall 
  be considered to specifically relate to the business of insurance.
  
  SEC. 5. REGULATIONS.
  
      The Secretary of Health and Human Services may issue regulations to 
  carry out this Act.
  
  SEC. 6. DEFINITIONS.
  
      As used in this Act:
              (1) Applicant.--The term ``applicant'' means an individual 
          whose death or disability will be, or is, the subject of a 
          covered insurance product, upon the acceptance by the life or 
          disability insurer selling the product of the application for 
          the purchase of the product.
              (2) Covered insurance product.--The term ``covered 
          insurance product'' means--
                      (A) a life insurance policy or contract, or 
                  benefits under such a policy or contract; or
                      (B) a disability insurance policy or contract, or 
                  benefits under such a policy or contract.
              (3) Disclose.--The term ``disclose'', means to release, 
          transfer, provide access to, or otherwise divulge the 
          information to any person other than an individual who is the 
          subject of the information. Such term includes the placement of 
          information into a computerized data base, networked computer 
          system, or any other electronic or magnetic data system, that 
          more than one person may access by any means.
              (4) Life or disability insurer.--The term ``life or 
          disability insurer'' means--
                      (A) a person doing business in interstate commerce 
                  who is licensed or certified by a State to provide a 
                  covered insurance product; or
                      (B) a person who acts as an agent of a person 
                  described in subparagraph (A) with respect to the sale 
                  of a covered insurance product.
  
  SEC. 7. EFFECTIVE DATE.
  
      This Act shall take effect on July 1, 1998.
target: Requires that a life or disability insurer, if the insurer requires an applicant for life or disability insurance to submit to a medical examination or test, ensure disclosure to the applicant of the test results.  Prohibits the insurer from disclosing the results to any other person, except under a written authorization made by the applicant, pursuant to certain legal process, or to a public health authority when expressly required by law.  Provides for civil actions for violations of this Act by any aggrieved person, allowing recovery of statutory, compensatory, and punitive damages and attorney's fees. Declares that, for provisions of Federal law commonly known as the McCarran-Ferguson Act prohibiting Federal insurance law from preempting State law unless the Federal law specifically relates to the business of insurance, this Act shall be considered to specifically relate to the business of insurance.
feat_title: To require life and disability insurers to disclose an insurance applicant's medical test results to the applicant, unless the applicant specifically declines to receive the results, and otherwise to restrict the disclosure of such results by such insurers.