US Code

Public Law 119-73 (01/23/2026)

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

section 300gg–91 of this title1

1 See References in Text note below.
The terms “genetic information”, “genetic test”, and “family member” have the meanings given such terms in , as amended by the Genetic Information Nondiscrimination Act of 2007.

(2)

Group health plan; health insurance coverage; medicare supplemental policy

section 300gg–91 of this titlesection 1395ss(g) of this titleThe terms “group health plan” and “health insurance coverage” have the meanings given such terms under , and the term “medicare supplemental policy” has the meaning given such term in .

(3)

HIPAA privacy regulation

42 U.S.C. 1320d–2The term “HIPAA privacy regulation” means the regulations promulgated by the Secretary under this part and section 264 of the Health Insurance Portability and Accountability Act of 1996 ( note).

(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

The revisions under subsection (a) shall be made by notice in the Federal Register published not later than 60 days after , and shall be effective upon publication, without opportunity for any prior public comment, but may be revised, consistent with this section, after opportunity for public comment.

(d)

Enforcement

In addition to any other sanctions or remedies that may be available under law, a covered entity that is a group health plan, health insurance issuer, or issuer of a medicare supplemental policy and that violates the HIPAA privacy regulation (as revised under subsection (a) or otherwise) with respect to the use or disclosure of genetic information shall be subject to the penalties described in sections 1320d–5 and 1320d–6 of this title in the same manner and to the same extent that such penalties apply to violations of this part.

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

Editorial Notes

References in Text

Pub. L. 110–233122 Stat. 881section 2000ff of this titleThe Genetic Information Nondiscrimination Act of 2007, referred to in subsec. (b)(1), probably means the Genetic Information Nondiscrimination Act of 2008, , , . For complete classification of this Act to the Code, see Short Title note set out under and Tables.

section 264 of Pub. L. 104–191section 1320d–2 of this titleSection 264 of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (b)(3), is , which is set out as a note under .

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 110–233, title I, § 105(b)(2)122 Stat. 905

“The amendment made by subsection (a) [enacting this section] shall take effect on the date that is 1 year after the date of the enactment of this Act [].”
, , , provided that:

Regulations

Pub. L. 110–233, title I, § 105(b)(1)122 Stat. 905

42 U.S.C. 1320d–9(a)“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.”
, , , provided that: