S.1322 - Genetic Nondiscrimination in Health Insurance and Employment Act of 1999106th Congress (1999-2000)
Summary: S.1322 — 106th Congress (1999-2000)
Genetic Nondiscrimination in Health Insurance and Employment Act of 1999 - Title I: Prohibition of Health Insurance Discrimination on the Basis of Predictive Genetic Information - Amends the Employee Retirement Income Security Act of 1974 (ERISA) (regarding a group health plan, and a health insurance issuer offering group insurance through a group plan) the Public Health Service Act (PHSA) (regarding such a plan or issuer, and with regard to an issuer offering health insurance in the individual market), the Internal Revenue Code (IRC) (regarding a group health plan), and title XVIII (Medicare) of the Social Security Act (SSA) (regarding Medicare supplemental policies) to prohibit, with respect to genetic information: (1) discriminating in individual enrollment; (2) discriminating in group eligibility or group premium or contribution rates; (3) requesting or requiring test performance; and (4) requesting, requiring, collecting, purchasing, or disclosing information, unless authorized by the individual. Allows a plan or issuer: (1) regarding payment for genetic services, to request evidence that the services were performed; and (2) regarding payment for other benefits, to request predictive genetic information in certain circumstances. Allows a court, for violations, to award any appropriate legal or equitable relief, attorney's fees and costs, and expert witness costs. Allows civil monetary penalties. Applies the requirements of this paragraph to plans that have fewer than two participants who are current employees.
Introduced in Senate (07/01/1999)
Amends ERISA and the PHSA to: (1) declare that the provisions of paragraph above do not preempt any provision of State law that protects genetic information confidentiality or privacy, or prohibits genetic discrimination, more completely than ERISA's and the PHSA's group health plan provisions; and (2) apply the requirements of the paragraph above to Medicare supplemental health insurance and similar supplemental coverage, if provided under a separate policy, certificate, or contract of insurance.
Amends the PHSA to disallow nonfederal governmental group plans from electing to be exempted from the requirements of this title.
Title II: Prohibition of Employment Discrimination on the Basis of Predictive Genetic Information - Makes it an unlawful employment practice for an employer, employment agency, labor organization, or training program to discriminate because of predictive genetic information, including making it unlawful to request, require, collect, or purchase such information.
Allows an employer to request, require, collect, or purchase such information: (1) where used for genetic monitoring of biological effects of workplace toxic substances; or (2) with consent of the employee, if results are received only by the employee (or the employee's family).
(Sec. 206) Requires employers possessing such information to treat and maintain the information as part of the employee's confidential medical records. Prohibits disclosure, subject to exception.
(Sec. 207) Empowers one or more employees, labor organization members, or training participants to bring an action in Federal or State court for violations. Applies to the Equal Employment Opportunity Commission (EEOC), for enforcement of this title, the powers, remedies, and procedures under specified provisions of the Civil Rights Act of 1964. Allows a court to award any appropriate legal or equitable relief, attorney's fees and costs, and costs of experts.
(Sec. 209) Authorizes appropriations to carry out this title.