P.L. 110–233, Approved May 21, 2008 (122 Stat. 881)

Genetic Information Nondiscrimination Act of 2008

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SECTION 1.  SHORT TITLE; TABLE OF CONTENTS.

(a)  Short Title.—This Act may be cited as the “Genetic Information Nondiscrimination Act of 2008”.

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SEC. 104.  AMENDMENTS TO TITLE XVIII OF THE SOCIAL SECURITY ACT RELATING TO MEDIGAP.

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(d) [42 U.S.C. 1395ss note]  Transition Provisions.—

(1)  In general.—If the Secretary of Health and Human Services identifies a State as requiring a change to its statutes or regulations to conform its regulatory program to the changes made by this section, the State regulatory program shall not be considered to be out of compliance with the requirements of section 1882 of the Social Security Act due solely to failure to make such change until the date specified in paragraph (4).

(2)  NAIC standards.—If, not later than October 31, 2008, the National Association of Insurance Commissioners (in this subsection referred to as the “NAIC”) modifies its NAIC Model Regulation relating to section 1882 of the Social Security Act (referred to in such section as the 1991 NAIC Model Regulation, as subsequently modified) to conform to the amendments made by this section, such revised regulation incorporating the modifications shall be considered to be the applicable NAIC model regulation (including the revised NAIC model regulation and the 1991 NAIC Model Regulation) for the purposes of such section.

(3)  Secretary standards.—If the NAIC does not make the modifications described in paragraph (2) within the period specified in such paragraph, the Secretary of Health and Human Services shall, not later than July 1, 2009, make the modifications described in such paragraph and such revised regulation incorporating the modifications shall be considered to be the appropriate regulation for the purposes of such section.

(4)  Date specified.—

(A)  In general.—Subject to subparagraph (B), the date specified in this paragraph for a State is the earlier of—

(i)  the date the State changes its statutes or regulations to conform its regulatory program to the changes made by this section, or

(ii)  July 1, 2009.

(B)  Additional legislative action required.—In the case of a State which the Secretary identifies as—

(i)  requiring State legislation (other than legislation appropriating funds) to conform its regulatory program to the changes made in this section, but (ii) having a legislature which is not

(ii)  having a legislature which is not scheduled to meet in 2009 in a legislative session in which such legislation may be considered, the date specified in this paragraph is the first day of the first calendar quarter beginning after the close of the first legislative session of the State legislature that begins on or after July 1, 2009. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.

SEC 105.  PRIVACY AND CONFIDENTIALITY.

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(b)  Regulations; Effective Date.—

(1)  Regulations.—Not later than 12 months after the date of the enactment of this Act, the Secretary of Health and Human Services shall issue final regulations to carry out the revision required by section 1180(a) of the Social Security Act, as added by subsection (a). The Secretary has the sole authority to promulgate such regulations, but shall promulgate such regulations in consultation with the Secretaries of Labor and the Treasury.

(2)  Effective date.—The amendment made by subsection (a) shall take effect on the date that is 1 year after the date of the enactment of this Act.

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[Internal References.—SSAct §§1180, 1882(o), (s), and (x) have footnotes referring to P.L. 110-233.]