SEC. 9802. PROHIBITING DISCRIMINATION AGAINST INDIVIDUAL PARTICIPANTS AND
BENEFICIARIES BASED ON HEALTH STATUS.
Title[ Title IV\Subtitle A\401 Contents
``(a) In Eligibility to Enroll.--
``(1) In general.--Subject to paragraph (2), 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 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 9801, paragraph (1) shall not be
construed--
``(A) to require a group health plan to provide
particular benefits (or benefits with respect to a
specific procedure, treatment, or service) other than
those provided under the terms of such plan; or
``(B) to prevent such a plan 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 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
factor described in subsection (a)(1) 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 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.
``
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