Genetic Information Nondiscrimination Act of 2008
Latest action · May 21, 2008 Became Public Law No: 110-233.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedJan 16, 2007
- Passed HouseApr 25, 2007
- Passed SenateApr 24, 2008
- To the PresidentMay 19, 2008
- Became lawMay 21, 2008Public Law 110-233
Summary
(This measure has not been amended since it was passed by the Senate on April 24, 2008. The summary of that version is repeated here, with changes reflecting enrollment corrections.)
Genetic Information Nondiscrimination Act of 2008 - Title I: Genetic Nondiscrimination in Health Insurance - (Sec. 101) Amends the Employee Retirement Income Security Act of 1974 (ERISA), the Public Health Service Act (PHSA), and the Internal Revenue Code to prohibit a group health plan from adjusting premium or contribution amounts for a group on the basis of genetic information.
Prohibits a group health plan from requesting or requiring an individual or family member of an individual from undergoing a genetic test. Provides that such prohibition does not: (1) limit the authority of a health care professional to request an individual to undergo a genetic test; or (2) preclude a group health plan from obtaining or using the results of a genetic test in making a determination regarding payment. Requires the plan to request only the minimum amount of information necessary to accomplish the intended purpose.
Allows a group health plan to request, but not require, a participant or beneficiary to undergo a genetic test for research purposes if certain requirements are met, including: (1) the plan clearly indicates that compliance is voluntary and that noncompliance will have no effect on enrollment status or premium or contribution amounts; (2) no genetic information collected or acquired is used for underwriting purposes; and (3) the plan notifies the Secretary of Health and Human Services that it is conducting activities pursuant to this exception and includes a description of the activities.
Prohibits a group health plan from requesting, requiring, or purchasing genetic information: (1) for underwriting purposes; or (2) with respect to any individual prior to such individual's enrollment in connection with such enrollment (provides that incidentally obtains such information is not a violation).
Applies such prohibitions to all group health plans, including small group health plans.
Provides that any reference to genetic information concerning an individual or family member includes genetic information of: (1) a fetus carried by a pregnant woman; and (2) an embryo legally held by an individual or family member utilizing an assisted reproductive technology.
Authorizes a penalty against any sponsor of a group health plan for any failure to meet requirements of this Act. Allows a waiver or limitation on such penalty if the failure was not discovered after exercising reasonable diligence or was due to reasonable cause.
(Sec. 102) Amends the PHSA to prohibit: (1) a health insurance issuer offering health insurance coverage in the individual market from establishing eligibility rules for enrollment based on genetic information; (2) discrimination on the basis of genetic information for health insurance offered in the individual market in the same manner as such discrimination is prohibited for group coverage; and (3) the imposition by a health insurance issuer offering health insurance coverage in the individual market of a preexisting condition exclusion on the basis of genetic information.
Applies such requirements to nonfederal governmental plans.
(Sec. 104) Amends title XVIII (Medicare) of the Social Security Act (SSA) to prohibit an issuer of a Medicare supplemental policy, on the basis of genetic information, from: (1) denying or conditioning the issuance or effectiveness of the policy, including the imposition of any exclusion of benefits based on a preexisting condition; or (2) discriminating in the pricing of the policy, including the adjustment of premium rates.
Prohibits an issuer of a Medicare supplemental policy from: (1) requesting or requiring an individual or a family member to undergo a genetic test; or (2) requesting, requiring, or purchasing genetic information for underwriting purposes or for any individual prior to enrollment.
(Sec. 105) Amends title XI (General Provisions, Peer Review, and Administrative Simplification) of SSA to require the Secretary of Health and Human Services to revise Health Insurance Portability and Accountability Act of 1996 (HIPAA) privacy regulations to: (1) treat genetic information as health information; and (2) prohibit the use or disclosure by a group health plan, health insurance coverage, or Medicare supplemental policy of genetic information about an individual for underwriting purposes.
(Sec. 106) Requires the Secretaries of Health and Human Services, Labor, and the Treasury to ensure that their regulations, rulings, and interpretations under this title are administered so as to have the same effect at all times and that they adopt a coordinated enforcement strategy.
Title II: Prohibiting Employment Discrimination on the Basis of Genetic Information - (Sec. 202) Prohibits, as an unlawful employment practice, an employer, employment agency, labor organization, or joint labor-management committee from discriminating against an employee, individual, or member because of genetic information, including: (1) for an employer, by failing to hire or discharging an employee or otherwise discriminating against an employee with respect to the compensation, terms, conditions, or privileges of employment; (2) for an employment agency, by failing or refusing to refer an individual for employment; (3) for a labor organization, by excluding or expelling a member from the organization; (4) for an employment agency, labor organization, or joint labor-management committee, by causing or attempting to cause an employer to discriminate against a member in violation of this Act; or (5) for an employer, labor organization, or joint labor-management committee, by discriminating against an individual in admission to, or employment in, any program established to provide apprenticeships or other training or retraining.
Prohibits, as an unlawful employment practice, an employer, employment agency, labor organization, or joint labor-management committee from limiting, segregating, or classifying employees, individuals, or members because of genetic information in any way that would deprive or tend to deprive such individuals of employment opportunities or otherwise adversely affect their status as employees.
Prohibits, as an unlawful employment practice, an employer, employment agency, labor organization, or joint labor-management committee from requesting, requiring, or purchasing an employee's genetic information, except for certain purposes, which include where: (1) such information is requested or required to comply with certification requirements of family and medical leave laws; (2) the information involved is to be used for genetic monitoring of the biological effects of toxic substances in the workplace; and (3) the employer conducts DNA analysis for law enforcement purposes as a forensic laboratory or for purposes of human remains identification.
(Sec. 206) Requires an employer, employment agency, labor organization, or joint labor-management committee that possesses any genetic information about an employee or member to maintain such information in separate files and treat such information as a confidential medical record.
Prohibits an employer, employment agency, labor organization, or joint labor-management committee from disclosing such genetic information, except: (1) to the employee or member upon request; (2) to an occupational or other health researcher; (3) in response to a court order; (4) to a government official investigating compliance with this Act if the information is relevant to the investigation; (5) in connection with the employee's compliance with the certification provisions of the Family and Medical Leave Act of 1993 or such requirements under state family and medical leave laws; or (6) to a public health agency.
(Sec. 207) Sets forth provisions regarding enforcement of this Act.
(Sec. 208) Provides that disparate impact on the basis of genetic information does not establish a cause of action under this Act.
Establishes the Genetic Nondiscrimination Study Commission six years after enactment of this Act to review the developing science of genetics and to make recommendations to Congress regarding whether to provide a disparate impact cause of action under this Act. Authorizes appropriations to the Equal Employment Opportunity Commission (EEOC) to carry out this section.
(Sec. 212) Authorizes appropriations.
Title III: Miscellaneous Provisions - (Sec. 301) Provides that if any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act shall not be affected.
(Sec. 302) Amends the Fair Labor Standards Act of 1938 to increase the maximum employer penalty for violations involving oppressive child labor provisions or certain child labor safety requirements. Establishes an additional civil penalty for any such violation that causes the death or serious injury of an employee under the age of 18, which may be doubled for a repeated or willful violation.
Defines "serious injury" as: (1) permanent loss or substantial impairment of one of the senses or of the function of a bodily member, organ, or mental faculty; or (2) permanent paralysis or substantial impairment that causes loss of movement or mobility of a body part.
Increases the maximum civil penalty for any repeated or willful violation of minimum wage or maximum hours requirements.
Recorded votes 3
Newest first. Open one to see how every member voted.
| Roll call | Question | Result | Date |
|---|---|---|---|
| House 234 | On Motion to Agree to the Senate Amendment | Passed414–1 | May 1, 2008 |
| Senate 113 | On Passage of the Bill H.R. 493 | Bill Passed95–0 | Apr 24, 2008 |
| House 261 | On Motion to Suspend the Rules and Pass, as Amended | Passed420–3 | Apr 25, 2007 |
Cosponsors 224
Members who signed on, in the order they did. Signatures ran from Jan 16, 2007 to Mar 29, 2007; 143 are original cosponsors, there from the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-CA | Adam B. Schiff | Original | Jan 16, 2007 |
| R-FL | Adam H. Putnam | Original | Jan 16, 2007 |
| D-CA | Anna G. Eshoo | Original | Jan 16, 2007 |
| D-KY | Ben Chandler | Original | Jan 16, 2007 |
| D-MN | Betty McCollum | Original | Jan 16, 2007 |
| R-LA | Bobby Jindal | Original | Jan 16, 2007 |
| R-FL | C. W. Bill Young | Original | Jan 16, 2007 |
| D-NY | Carolyn B. Maloney | Original | Jan 16, 2007 |
| D-NY | Charles B. Rangel | Original | Jan 16, 2007 |
| R-LA | Charles W. Boustany, Jr. | Original | Jan 16, 2007 |
| R-GA | Charles W. Norwood | Original | Jan 16, 2007 |
| D-MD | Chris Van Hollen | Original | Jan 16, 2007 |
| R-CT | Christopher Shays | Original | Jan 16, 2007 |
| D-MI | Dale E. Kildee | Original | Jan 16, 2007 |
| R-IN | Dan Burton | Original | Jan 16, 2007 |
Committees 3
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Education and Workforce Committee | Referred Jan 16, 2007Markup Feb 14, 2007Reported Mar 5, 2007 |
| House | Energy and Commerce Committee | Referred Jan 16, 2007Markup Mar 23, 2007Reported Apr 20, 2007 |
| Health Subcommittee | Referred Feb 2, 2007Hearings Mar 8, 2007Markup Mar 13, 2007Reported Mar 13, 2007 | |
| House | Ways and Means Committee | Referred Jan 16, 2007Markup Mar 21, 2007Reported Mar 26, 2007 |
Actions 49
Everything that happened, newest first.
- May 21, 2008Signed by President.
- May 21, 2008Became Public Law No: 110-233.
- May 19, 2008Presented to President.
- May 1, 2008Mr. Miller, George moved that the House agree to the Senate amendment. (consideration: CR H2961-2980)
- May 1, 2008DEBATE - Pursuant to the provisions of H. Res. 1156, the House proceeded with one hour of debate on the George Miller (CA) motion to agree to the Senate amendment to H.R. 493.
In the Congressional Record 17
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Extensions | Debate and remarks E849 | Betty McCollum D-MN | May 7, 2008 |
| Extensions | Debate and remarks E818 | Sheila Jackson Lee D-TX | May 5, 2008 |
| House · Senate | Debate and remarks H2953, H2956–H2961, H2961–H2980, H2982, S3727Text printed H2956, H2982Amendments H2960, H2961Motions H2972Recorded votes H2979Senate amendment | Allyson Y. Schwartz D-PA, Anna G. Eshoo D-CA, Bart Stupak D-MI, Carol Shea-Porter D-NH, Chris Van Hollen D-MD, Dave Camp R-MI, Eliot L. Engel D-NY, Fortney Pete Stark D-CA, Fred Upton R-MI, Gene Green D-TX, George Miller D-CA (motion), Howard P. "Buck" McKeon R-CA, Jackie Speier D-CA, James R. Langevin D-RI, Joe Sestak D-PA, John D. Dingell D-MI, Judy Biggert R-IL, Kathy Castor D-FL, Linda T. Sánchez D-CA, Lois Capps D-CA, Louise McIntosh Slaughter D-NY, Lynn C. Woolsey D-CA, Maria Cantwell D-WA, Nancy Pelosi D-CA, Patrick J. Kennedy D-RI, Pete Sessions R-TX (amendment), Robert E. Andrews D-NJ, Steve Kagen D-WI, Tammy Baldwin D-WI | May 1, 2008 |
| Extensions | Debate and remarks E771, E784 | Joe Baca D-CA, Sheila Jackson Lee D-TX | Apr 30, 2008 |
| House | Debate and remarks H2828 | — | Apr 29, 2008 |
| Senate | Debate and remarks S3415, S3420 | Harry Reid D-NV, Michael B. Enzi R-WY | Apr 28, 2008 |
| House · Senate | Debate and remarks H2736, S3363–S3375Recorded votes S3374enact | Barbara A. Mikulski D-MD, Benjamin L. Cardin D-MD, Carl Levin D-MI, Christopher J. Dodd D-CT, Edward M. Kennedy D-MA, Harry Reid D-NV, Michael B. Enzi R-WY, Olympia J. Snowe R-ME, Roy Blunt R-MO, Sam Brownback R-KS, Steny H. Hoyer D-MD, Tom Coburn R-OK | Apr 24, 2008 |
| Senate | Debate and remarks S3296Amendments S3311 | Edward M. Kennedy D-MA (amendment), Harry Reid D-NV, Michael B. Enzi R-WY (amendment), Olympia J. Snowe R-ME (amendment) | Apr 23, 2008 |
| Extensions | Debate and remarks E952 | Diana DeGette D-CO | May 4, 2007 |
| Extensions | Debate and remarks E925 | Betty McCollum D-MN | May 2, 2007 |
| Extensions | Debate and remarks E906 | Joe Barton R-TX | May 1, 2007 |
| Senate | Debate and remarks S5261 | Harry Reid D-NV | Apr 30, 2007 |
| Senate | Debate and remarks S5257 | Harry Reid D-NV | Apr 26, 2007 |
| House | Debate and remarks H4083–H4101Text printed H4083–H4094Recorded votes H4108enact | Anna G. Eshoo D-CA, Bart Stupak D-MI, Charles W. Boustany, Jr. R-LA, Christopher Shays R-CT, Cliff Stearns R-FL, Fortney Pete Stark D-CA, Frank Pallone, Jr. D-NJ, Gene Green D-TX, George Miller D-CA, John D. Dingell D-MI, Judy Biggert R-IL, Lois Capps D-CA, Louise McIntosh Slaughter D-NY, Michael C. Burgess R-TX, Robert E. Andrews D-NJ, Ron Paul R-TX, Rush Holt D-NJ | Apr 25, 2007 |
| House | Debate and remarks H3481 | Pete Sessions R-TX | Apr 18, 2007 |
| House | Debate and remarks H3084 | Cliff Stearns R-FL | Mar 27, 2007 |
| Extensions | Debate and remarks E120 | Louise McIntosh Slaughter D-NY | Jan 16, 2007 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Committee reports
Congressional Budget Office cost estimates 6
- Apr 12, 2007H.R. 493, Genetic Information Nondiscrimination Act of 2007<p>Cost estimate for the bill as reported by the House Committee on Energy and Commerce on March 29, 2007</p>
- Apr 12, 2007H.R. 493, Genetic Information Nondiscrimination Act of 2007Cost estimate for the bill as reported by the House Committee on Energy and Commerce on March 29, 2007
- Mar 23, 2007H.R. 493, Genetic Information Nondiscrimination Act of 2007<p>Cost estimate for the bill as ordered reported by the House Committee on Ways and Means on March 21, 2007</p>
- Mar 23, 2007H.R. 493, Genetic Information Nondiscrimination Act of 2007Cost estimate for the bill as ordered reported by the House Committee on Ways and Means on March 21, 2007
- Mar 2, 2007H.R. 493, Genetic Information Nondiscrimination Act of 2007<p>Cost estimate for the bill as ordered reported by the House Committee on Education and Labor on February 14, 2007</p>
- Mar 2, 2007H.R. 493, Genetic Information Nondiscrimination Act of 2007Cost estimate for the bill as ordered reported by the House Committee on Education and Labor on February 14, 2007
Printed hearings 5
Hearings whose printed record names this bill, newest first: hearings on it, and wider hearings where it came up.
| Number | Hearing | Committee | Held |
|---|---|---|---|
| — | DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 200860 pages | Appropriations Committee | May 7, 2007 |
| S. Hrg. 110-400 | DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS FOR FISCAL YEAR 2008903 pages | Appropriations Committee | Mar 19, 2007–Jun 22, 2007 |
| Serial No. 110-22 | GENETIC NON-DISCRIMINATION90 pages | Ways and Means Committee | Mar 14, 2007 |
| Serial No. 110-15 | THE GENETIC INFORMATION NONDISCRIMINATION ACT207 pages | Energy and Commerce Committee | Mar 8, 2007 |
| Serial No. 110-1 | PROTECTING WORKERS FROM GENETIC DISCRIMINATION67 pages | Education and Workforce Committee | Jan 30, 2007 |
CRS reports 17
Congressional Research Service work that CRS links to this bill or the law it became, newest first.
About this bill 5
Products that name it in their title: its number, its law number or one of its short titles.
| Product | Title | Kind | Published |
|---|---|---|---|
| RL34584 | The Genetic Information Nondiscrimination Act of 2008 (GINA) Archived | Report | Aug 6, 2015 |
| R41314 | The Genetic Information Nondiscrimination Act of 2008 and the Patient Protection and Affordable Care Act of 2010: Overview and Legal Analysis of Potential Interactions Archived | Report | May 1, 2015 |
| R40791 | Employer Wellness Programs: Health Reform and the Genetic Information Nondiscrimination Act Archived | Report | Feb 16, 2010 |
| R40116 | The Genetic Information Nondiscrimination Act of 2008: Selected Issues Archived | Report | Dec 5, 2008 |
| RL33988 | Genetic Nondiscrimination in Health Insurance: A Side-by-Side Comparison of the Title I Provisions in S. 358 and H.R. 493 Archived | Report | Apr 25, 2008 |
Also cite it 12
Products on other subjects that cite it, usually among other measures.
| Product | Title | Kind | Published |
|---|---|---|---|
| R44548 | The Fair Labor Standards Act (FLSA) Child Labor Provisions | Report | Jul 1, 2026 |
| RL33313 | Congressional Membership and Appointment Authority to Advisory Commissions, Boards, and Groups | Report | Jan 27, 2026 |
| R40076 | Congressional Commissions: Overview and Considerations for Congress | Report | Jan 21, 2026 |
| R44311 | Employer Wellness Programs and Genetic Information: Frequently Asked Questions Archived | Report | Apr 4, 2017 |
| R44274 | The Family and Medical Leave Act: An Overview of Title I | Report | Nov 16, 2015 |
Amendments 1
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| SA 4573 | In the nature of a substitute. | Olympia J. Snowe R-ME | Amendment SA 4573 agreed to in Senate by Unanimous Consent. |
Related bills 5
Companion bills and other measures the record links to this one.
Titles 6
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To prohibit discrimination on the basis of genetic information with respect to health insurance and employment.
- Short Titles as Introduced
- Genetic Information Nondiscrimination Act of 2007
- Short Titles as Reported to House
- Genetic Information Nondiscrimination Act of 2007
- Short Titles as Passed House
- Genetic Information Nondiscrimination Act of 2007
- Short Titles as Passed Senate
- Genetic Information Nondiscrimination Act of 2008
- Short Titles as Enacted
- Genetic Information Nondiscrimination Act of 2008
Subjects
Assigned by the Library of Congress. Policy area: Civil Rights and Liberties, Minority Issues.
- Administrative procedure
- Apprenticeship
- Civil actions and liability
- Civil Rights and Liberties, Minority Issues
- Civil rights enforcement
- Congress
- Congressional reporting requirements
- Damages
- Department of Health and Human Services
- Department of Labor
- Department of the Treasury
- Discrimination in employment
- Discrimination in insurance
- Discrimination in medical care
- Dismissal of employees
- Economics and Public Finance
- Education
- Employee health benefits
- Employee rights
- Employee selection
- Employment agencies
- Environmental Protection
- Equal Employment Opportunity Commission
- Families
- Family leave
- Federal advisory bodies
- Federal aid to education
- Federal employees
- Fetus
- Finance and Financial Sector
- Genetic counseling
- Genetics
- Government Operations and Politics
- Governmental investigations
- Health
- Health insurance
- Higher education
- Human embryology
- Insurance premiums
- Labor and Employment
- Labor unions
- Labor-management committees
- Law
- Legislation
- Loan defaults
- Medical records
- Medical screening
- Medical tests
- Medigap
- Mine safety
- Occupational health and safety
- Position classification
- Punitive damages
- Right of privacy
- Standards
- Student loan funds
- Unfair labor practices
Text 6
Each version as it was printed, newest first.
- May 2, 2008Enrolled Bill
- Apr 30, 2008Engrossed Amendment Senate
- Apr 30, 2007Placed on Calendar Senate
- Apr 25, 2007Engrossed in House
- Mar 29, 2007Reported in House
- Jan 16, 2007Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.