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Story moved from front page April 21, 2008 posted J Aldrich Just received an email on
this one..did you know on March 5, 2008 all this was going on?????????
When our Judiciary was allowing 11 hours of testimony
the day before this took place..read read read and do not say I did not tell you..did NECN tell you??? did WGBH tell you????
did CBS tell you???
H.R.1424
Title: To amend section 712 of the Employee Retirement Income Security Act of
1974,
section 2705 of the Public Health Service Act, and section 9812 of the Internal
Revenue Code of 1986 to require
equity in the provision of mental health and
substance-related disorder benefits under group health plans, to prohibit
discrimination on the basis of genetic information with respect to health insurance
and employment, and for other purposes.
Sponsor: Rep Kennedy, Patrick J. [RI-1] (introduced 3/9/2007)
There are 3 versions of Bill Number H.R.1424
for the 110th Congress
1 . Paul Wellstone Mental Health and Addiction Equity Act of 2007 (Introduced in
House)[H.R.1424.IH]
2 . Paul Wellstone Mental Health and Addiction Equity Act of 2007 (Reported in
House)[H.R.1424.RH]
3 . To amend
section 712 of the Employee Retirement Income Security Act of 1974,
section 2705 of the Public Health Service Act, section
9812 of the Internal Revenue
Code of 1986 to require... (Engrossed as Agreed to or Passed by House)[H.R.1424.EH]
This is the 3rd version excerpted:
http://thomas.loc.gov/cgi-bin/query/C?c110:./temp/~c110W8NhpFAN ACTTo amend section 712 of the Employee Retirement Income Security
Act of 1974,
section 2705 of the Public Health Service Act, section 9812 of the Internal Revenue
Code of 1986 to
require equity in the provision of mental health and
substance-related disorder benefits under group health plans, to
prohibit
discrimination on the basis of genetic information with respect to health insurance
and employment, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of
America
in Congress assembled,
Notes: This bill targets Employers with ONE employee, before it was two employees.
Change in Exclusion for Smallest Employers- Subsection (c)(1)(B) of such section is
amended--
(1) by inserting
`(or 1 in the case of an employer residing in a State that permits
small groups to include a single individual)'
after `at least 2' the first place it
appears; and
Note:
there is an inclusion to allow no
limits on treatments:
(1) in subsection (a), by adding at the end the following new paragraphs:
`(3)
TREATMENT LIMITS- In the case of a group health plan that provides both medical
and surgical benefits and mental health
or substance-related disorder benefits--`(A)
NO TREATMENT LIMIT- If the plan does not include a treatment limit (as defined
in
subparagraph (D)) on substantially all medical and surgical benefits in any category
of items or services (specified
in subparagraph (C)), the plan may not impose any
treatment limit on mental health or substance-related disorder benefits
that are
classified in the same category of items or services.
This section we are relatively familiar with:
DIVISION B--GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008
(b) Findings- Congress makes the following
findings:
(1) Deciphering the sequence of the human genome and other advances in genetics open
major new opportunities
for medical progress. New knowledge about the genetic basis
of illness will allow for earlier detection of illnesses,
often before symptoms have
begun. Genetic testing can allow individuals to take steps to reduce the likelihood
that
they will contract a particular disorder. New knowledge about genetics may
allow for the development of better therapies
that are more effective against
disease or have fewer side effects than current treatments. These advances give rise
to the potential misuse of genetic information to discriminate in health insurance
and employment.
One of
many findings which includes:
(4) Congress has been informed of examples of genetic discrimination in the
workplace.
These include the use of pre-employment genetic screening at Lawrence
Berkeley Laboratory, which led to a court decision
in favor of the employees in that
case Norman-Bloodsaw v. Lawrence Berkeley Laboratory (135 F.3d 1260, 1269 (9th Cir.
1998)). Congress clearly has a compelling public interest in relieving the fear of
discrimination and in prohibiting
its actual practice in employment and health
insurance.
This then leads to this part of the bill:
TITLE I--GENETIC NONDISCRIMINATION IN HEALTH INSURANCE
"and to":
SEC. 101. AMENDMENTS TO
EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.
and part of that is:`(3) NO GROUP-BASED DISCRIMINATION ON BASIS
OF GENETIC
INFORMATION- For purposes of this section, a group health plan, and a health
insurance issuer offering
group health insurance coverage in connection with a group
health plan, may not adjust premium or contribution amounts
for the group covered
under such plan on the basis of genetic information.'.
that includes:
`(1) LIMITATION ON REQUESTING OR REQUIRING GENETIC TESTING- A group health plan, and
a health insurance issuer offering
health insurance coverage in connection with a
group health plan, shall not request or require an individual or a family
member of
such individual to undergo a genetic test.
and no group or health person can test them on genetics:
`(2) RULE OF CONSTRUCTION- Paragraph (1) shall not be construed to limit the
authority of a health care professional
who is providing health care services to an
individual to request that such individual undergo a genetic test.
and no records can be kept:
`(d) Prohibition on Collection of Genetic Information- et al
that also
includes the unborn, the allowance of information is going to be compromised:
`(f) Genetic Information of a Fetus
or Embryo- Any reference in this part to genetic
information concerning an individual or family member of an individual
shall--
`(1) with respect to such an individual or family member of an individual who is a
pregnant woman,
include genetic information of any fetus carried by such pregnant
woman; and
`(2) with respect to an individual
or family member utilizing an assisted
reproductive technology, include genetic information of any embryo legally held
by
the individual or family member.'.
and in other words some records will be used for the proceduring?
only the records
are not kept as to the exclusions of "the sex or age of anyone?":
`(6) GENETIC
INFORMATION-
`(A) IN GENERAL- The term `genetic information' means, with respect to any
individual, information
about--
`(i) such individual's genetic tests,
`(ii) the genetic tests of family members of such
individual, and
`(iii) subject to subparagraph (D), the manifestation of a disease or disorder in
family members
of such individual.
`(B) INCLUSION OF GENETIC SERVICES- Such term includes, with respect to any
individual,
any request for, or receipt of, genetic services (including genetic
services received pursuant to participation in clinical
research) by such individual
or any family member of such individual.
`(C) EXCLUSIONS- The term `genetic information'
shall not include information about
the sex or age of any individual.
There is an attempt to define:
`(7) GENETIC TEST-
`(A) IN GENERAL- The term `genetic test' means an analysis of human DNA, RNA,
chromosomes,
proteins, or metabolites, that detects genotypes, mutations, or
chromosomal changes.
`(B) EXCEPTIONS- The
term `genetic test' does not mean--
`(i) an analysis of proteins or metabolites that does not detect genotypes,
mutations, or chromosomal changes; or
`(ii) an analysis of proteins or metabolites that is directly related to
a
manifested disease, disorder, or pathological condition that could reasonably be
detected by a health care professional
with appropriate training and expertise in
the field of medicine involved.
Because later on the hospital surgeries
will determine who you are because no
genetic testing is allowed before the fact?
`(c) Genetic Testing-
`(1) LIMITATION ON REQUESTING OR REQUIRING GENETIC TESTING- A group health plan, and
a health insurance issuer
offering health insurance coverage in connection with a
group health plan, shall not request or require an individual
or a family member of
such individual to undergo a genetic test.
`(2) RULE OF CONSTRUCTION- Paragraph (1)
shall not be construed to limit the
authority of a health care professional who is providing health care services to
an
individual to request that such individual undergo a genetic test.
and that is confirmed later on here
in this bill with:
`(2) PROHIBITION ON COLLECTION OF GENETIC INFORMATION PRIOR TO ENROLLMENT- A group
health
plan, and a health insurance issuer offering health insurance coverage in
connection with a group health plan, shall
not request, require, or purchase genetic
information with respect to any individual prior to such individual's enrollment
under the plan or coverage in connection with such enrollment.
and that is substantiated with this section:
SEC. 2753. PROHIBITION OF HEALTH DISCRIMINATION ON THE BASIS OF GENETIC INFORMATION.
and of course we will
not leave out changing social security to be included:
SEC. 104. AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY
ACT RELATING TO MEDIGAP.
(a) Nondiscrimination- Section 1882(s)(2) of the Social Security Act (42 U.S.C.
1395ss(s)(2))
is amended by adding at the end the following:
`(E) An issuer of a medicare supplemental policy shall not deny
or condition the
issuance or effectiveness of the policy (including the imposition of any exclusion
of benefits
under the policy based on a pre-existing condition) and shall not
discriminate in the pricing of the policy (including
the adjustment of premium
rates) of an individual on the basis of the genetic information with respect to such
individual.'.
Employment will have to agree with this:
SEC. 202. EMPLOYER PRACTICES.
(a) Discrimination Based
on Genetic Information- It shall be an unlawful employment
practice for an employer--
(1) to fail or refuse
to hire, or to discharge, any employee, or otherwise to
discriminate against any employee with respect to the compensation,
terms,
conditions, or privileges of employment of the employee, because of genetic
information with respect to the
employee; or
(2) to limit, segregate, or classify the employees of the employer in any way that
would deprive
or tend to deprive any employee of employment opportunities or
otherwise adversely affect the status of the employee
as an employee, because of
genetic information with respect to the employee.
and provide for this:
This will include Unions too:
SEC. 204. LABOR ORGANIZATION PRACTICES.
(a) Discrimination Based on
Genetic Information- It shall be an unlawful employment
practice for a labor organization--
(1) to exclude
or to expel from the membership of the organization, or otherwise to
discriminate against, any member because of genetic
information with respect to the
member;
(2) to limit, segregate, or classify the members of the organization,
or fail or
refuse to refer for employment any member, in any way that would deprive or tend to
deprive any member
of employment opportunities, or otherwise adversely affect the
status of the member as an employee, because of genetic
information with respect to
the member; or
(3) to cause or attempt to cause an employer to discriminate against
a member in
violation of this title.
And after all the damages are listed in enforcement of this bill they
also make sure
everything is solid by including this:
A Commission will be established - with membership defined:
(b) Commission- On the date that is 6 years after the date of enactment of this Act,
there shall be established
a commission, to be known as the Genetic
Nondiscrimination Study Commission (referred to in this section as the `Commission')
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 division.
c) Membership-
(1) IN GENERAL- The Commission
shall be composed of eight members, of which--
(A) one member shall be appointed by the Majority Leader of the
Senate;
(B) one member shall be appointed by the Minority Leader of the Senate;
(C) one member shall
be appointed by the Chairman of the Committee on Health,
Education, Labor, and Pensions of the Senate;
(D)
one member shall be appointed by the ranking minority member of the Committee on
Health, Education, Labor, and Pensions
of the Senate;
(E) one member shall be appointed by the Speaker of the House of Representatives;
(F)
one member shall be appointed by the Minority Leader of the House of
Representatives;
(G) one member shall
be appointed by the Chairman of the Committee on Education and
Labor of the House of Representatives; and
(H)
one member shall be appointed by the ranking minority member of the Committee on
Education and Labor of the House of
Representatives.
(2) COMPENSATION AND EXPENSES- The members of the Commission shall not receive
compensation
for the performance of services for the Commission, but shall be
allowed travel expenses, including per diem in lieu
of subsistence, at rates
authorized for employees of agencies under subchapter I of chapter 57 of title 5,
United
States Code, while away from their homes or regular places of business in the
performance of services for the Commission.
(d) Administrative Provisions-
(1) LOCATION- The Commission shall be located in a facility maintained by
the Equal
Employment Opportunity Commission.
This Bill passed the house:
Passed the House of Representatives
March 5, 2008.
Attest:
Clerk.
110th CONGRESS
2d Session
H. R. 1424
AN ACT
To amend section 712 of the Employee Retirement Income Security Act of 1974, section
2705 of
the Public Health Service Act, section 9812 of the Internal Revenue Code of
1986 to require equity in the provision of
mental health and substance-related
disorder benefits under group health plans, to prohibit discrimination on the basis
of genetic information with respect to health insurance and employment, and for
other purposes.
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