42 USC 1320d-9 - Application of HIPAA regulations to genetic information

U.S Code last checked for updates: Jan 18, 2025

§ 1320d–9.

Application of HIPAA regulations to genetic information

(a)

In general

The Secretary shall revise the HIPAA privacy regulation (as defined in subsection (b)) so it is consistent with the following:

(1)

Genetic information shall be treated as health information described in section 1320d(4)(B) of this title.

(2)

The use or disclosure by a covered entity that is a group health plan, health insurance issuer that issues health insurance coverage, or issuer of a medicare supplemental policy of protected health information that is genetic information about an individual for underwriting purposes under the group health plan, health insurance coverage, or medicare supplemental policy shall not be a permitted use or disclosure.

(b)

Definitions

For purposes of this section:

(1)

Genetic information; genetic test; family member

(2)

Group health plan; health insurance coverage; medicare supplemental policy

(3)

HIPAA privacy regulation

(4)

Underwriting purposes

The term “underwriting purposes” means, with respect to a group health plan, health insurance coverage, or a medicare supplemental policy—

(A)

rules for, or determination of, eligibility (including enrollment and continued eligibility) for, or determination of, benefits under the plan, coverage, or policy;

(B)

the computation of premium or contribution amounts under the plan, coverage, or policy;

(C)

the application of any pre-existing condition exclusion under the plan, coverage, or policy; and

(D)

other activities related to the creation, renewal, or replacement of a contract of health insurance or health benefits.

(c)

Procedure

(d)

Enforcement

(Aug. 14, 1935, ch. 531, title XI, § 1180, as added Pub. L. 110–233, title I, § 105(a), May 21, 2008, 122 Stat. 903.)

cite as: 42 USC 1320d-9