genetic information

(3) Definitions In this subsection: (A) Family member The term “family member” means with respect to an individual, any other individual who is a first-degree, second-degree, third-degree, or fourth-degree relative of such individual. (B) Genetic information (i) 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 clause (iv), the manifestation of a disease or disorder in family members of such individual. (ii) Inclusion of genetic services and participation in genetic research Such term includes, with respect to any individual, any request for, or receipt of, genetic services, or participation in clinical research which includes genetic services, by such individual or any family member of such individual. (iii) Exclusions The term “genetic information” shall not include information about the sex or age of any individual. (C) Genetic test (i) In general The term “genetic test” means an analysis of human DNA, RNA, chromosomes, proteins, or metabolites, that detects genotypes, mutations, or chromosomal changes. (ii) 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. (D) Genetic services The term “genetic services” means— (i) a genetic test; (ii) genetic counseling (including obtaining, interpreting, or assessing genetic information); or (iii) genetic education. (E) Underwriting purposes The term “underwriting purposes” means, with respect to a medicare supplemental policy— (i) rules for, or determination of, eligibility (including enrollment and continued eligibility) for benefits under the policy; (ii) the computation of premium or contribution amounts under the policy; (iii) the application of any pre-existing condition exclusion under the policy; and (iv) other activities related to the creation, renewal, or replacement of a contract of health insurance or health benefits. (F) Issuer of a medicare supplemental policy The term “issuer of a medicare supplemental policy” includes a third-party administrator or other person acting for or on behalf of such issuer.


42 USC § 1395ss(x)(3)

Scoping language

In this subsection
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