SEC. 2702. PROHIBITING DISCRIMINATION AGAINST INDIVIDUAL PARTICIPANTS AND
BENEFICIARIES BASED ON HEALTH STATUS.
Title[ Title I\Subtitle A\Sec. 102 Contents
<<NOTE: 42 USC 300gg-1.>>
``(a) In Eligibility To Enroll.--
``(1) In general.--Subject to paragraph (2), a group health
plan, and a health insurance issuer offering group health
insurance coverage in connection with a group health plan, may
not establish rules for eligibility (including continued
eligibility) of any individual to enroll under the terms of the
plan based on any of the following health status-related factors
in relation to the individual or a dependent of the individual:
``(A) Health status.
``(B) Medical condition (including both physical and
mental illnesses).
``(C) Claims experience.
``(D) Receipt of health care.
``(E) Medical history.
``(F) Genetic information.
``(G) Evidence of insurability (including conditions
arising out of acts of domestic violence).
``(H) Disability.
``(2) No application to benefits or exclusions.--To the
extent consistent with section 701, paragraph (1) shall not be
construed--
``(A) to require a group health plan, or group
health insurance coverage, to provide particular
benefits other than those provided under the terms of
such plan or coverage, or
``(B) to prevent such a plan or coverage from
establishing limitations or restrictions on the amount,
level, extent, or nature of the benefits or coverage for
similarly situated individuals enrolled in the plan or
coverage.
``(3) Construction.--For purposes of paragraph (1), rules
for eligibility to enroll under a plan include rules defining
any applicable waiting periods for such enrollment.
``(b) In Premium Contributions.--
``(1) In general.--A group health plan, and a health
insurance issuer offering health insurance coverage in
connection with a group health plan, may not require any
individual (as a condition of enrollment or continued enrollment
under the plan) to pay a premium or contribution which is
greater than such premium or contribution for a similarly
situated individual enrolled in the plan on the basis of any
health status-related factor in relation to the individual or to
an individual enrolled under the plan as a dependent of the
individual.
``(2) Construction.--Nothing in paragraph (1) shall be
construed--
``(A) to restrict the amount that an employer may be
charged for coverage under a group health plan; or
``(B) to prevent a group health plan, and a health
insurance issuer offering group health insurance
coverage, from establishing premium discounts or rebates
or modifying otherwise applicable copayments or
deductibles in return for adherence to programs of
health promotion and disease prevention.
``Subpart 2--Provisions Applicable Only to Health Insurance Issuers
``
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