---
kind: "section"
citation: "29 U.S.C. § 1182"
title: "29"
title_heading: "Labor"
number: "1182"
heading: "Prohibiting discrimination against individual participants and beneficiaries based on health status"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/29/1182"
units:
  - "Chapter 18 — Employee Retirement Income Security Program"
  - "Subchapter I — Protection of Employee Benefit Rights"
  - "Subtitle B — Regulatory Provisions"
  - "Part 7 — group health plan requirements"
  - "Subpart A — Requirements Relating to Portability, Access, and Renewability"
---

# §1182. Prohibiting discrimination against individual participants and beneficiaries based on health status

- (a) **In eligibility to enroll—**
  - (1) **In general—** Subject to [paragraph (2)](#a-2), a [group health plan](/usc/29/1167.md?p=1), and a [health insurance issuer](/usc/29/1191b.md?p=b-2) offering [group health insurance coverage](/usc/29/1191b.md?p=b-4) in connection with a [group health plan](/usc/29/1167.md?p=1), may not establish rules for eligibility (including continued eligibility) of any [individual](/usc/29/1301.md?p=a-14-C-ii-V) to enroll under the terms of the plan based on any of the following [health status-related factors](/usc/29/1191b.md?p=d-2) in relation to the [individual](/usc/29/1301.md?p=a-14-C-ii-V) or a dependent of the [individual](/usc/29/1301.md?p=a-14-C-ii-V):
    - (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](/usc/29/1191b.md?p=d-6-A).
    - (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 1181 of this title](/usc/29/1181.md), [paragraph (1)](#a-1) shall not be construed—
    - (A) to require a [group health plan](/usc/29/1167.md?p=1), or [group health insurance coverage](/usc/29/1191b.md?p=b-4), 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](/usc/29/1301.md?p=a-14-C-ii-V) enrolled in the plan or coverage.
  - (3) **Construction—** For purposes of [paragraph (1)](#a-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](/usc/29/1167.md?p=1), and a [health insurance issuer](/usc/29/1191b.md?p=b-2) offering [health insurance coverage](/usc/29/1191b.md?p=b-1) in connection with a [group health plan](/usc/29/1167.md?p=1), may not require any [individual](/usc/29/1301.md?p=a-14-C-ii-V) (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](/usc/29/1301.md?p=a-14-C-ii-V) enrolled in the plan on the basis of any [health status-related factor](/usc/29/1191b.md?p=d-2) in relation to the [individual](/usc/29/1301.md?p=a-14-C-ii-V) or to an [individual](/usc/29/1301.md?p=a-14-C-ii-V) enrolled under the plan as a dependent of the [individual](/usc/29/1301.md?p=a-14-C-ii-V).
  - (2) **Construction—** Nothing in [paragraph (1)](#b-1) shall be construed—
    - (A) to restrict the amount that an employer may be charged for coverage under a [group health plan](/usc/29/1167.md?p=1) except as provided in [paragraph (3)](#b-3); or
    - (B) to prevent a [group health plan](/usc/29/1167.md?p=1), and a [health insurance issuer](/usc/29/1191b.md?p=b-2) offering [group health insurance coverage](/usc/29/1191b.md?p=b-4), 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.
  - (3) **No group-based discrimination on basis of genetic information—**
    - (A) **In general—** For purposes of this section, a [group health plan](/usc/29/1167.md?p=1), and a [health insurance issuer](/usc/29/1191b.md?p=b-2) offering [group health insurance coverage](/usc/29/1191b.md?p=b-4) in connection with a [group health plan](/usc/29/1167.md?p=1), may not adjust premium or contribution amounts for the group covered under such plan on the basis of [genetic information](/usc/29/1191b.md?p=d-6-A).
    - (B) **Rule of construction—** Nothing in [subparagraph (A)](#b-3-A) or in paragraphs [(1)](#d-1) and [(2)](#d-2) of subsection (d) shall be construed to limit the ability of a [health insurance issuer](/usc/29/1191b.md?p=b-2) offering [health insurance coverage](/usc/29/1191b.md?p=b-1) in connection with a [group health plan](/usc/29/1167.md?p=1) to increase the premium for an employer based on the manifestation of a disease or disorder of an [individual](/usc/29/1301.md?p=a-14-C-ii-V) who is enrolled in the plan. In such case, the manifestation of a disease or disorder in one [individual](/usc/29/1301.md?p=a-14-C-ii-V) cannot also be used as [genetic information](/usc/29/1191b.md?p=d-6-A) about other group members and to further increase the premium for the employer.
- (c) **Genetic testing—**
  - (1) **Limitation on requesting or requiring genetic testing—** A [group health plan](/usc/29/1167.md?p=1), and a [health insurance issuer](/usc/29/1191b.md?p=b-2) offering [health insurance coverage](/usc/29/1191b.md?p=b-1) in connection with a [group health plan](/usc/29/1167.md?p=1), shall not request or require an [individual](/usc/29/1301.md?p=a-14-C-ii-V) or a [family member](/usc/29/1191b.md?p=d-5) of such [individual](/usc/29/1301.md?p=a-14-C-ii-V) to undergo a [genetic test](/usc/29/1191b.md?p=d-7-A).
  - (2) **Rule of construction—** [Paragraph (1)](#c-1) shall not be construed to limit the authority of a health care professional who is providing health care services to an [individual](/usc/29/1301.md?p=a-14-C-ii-V) to request that such [individual](/usc/29/1301.md?p=a-14-C-ii-V) undergo a [genetic test](/usc/29/1191b.md?p=d-7-A).
  - (3) **Rule of construction regarding payment—**
    - (A) **In general—** Nothing in [paragraph (1)](#c-1) shall be construed to preclude a [group health plan](/usc/29/1167.md?p=1), or a [health insurance issuer](/usc/29/1191b.md?p=b-2) offering [health insurance coverage](/usc/29/1191b.md?p=b-1) in connection with a [group health plan](/usc/29/1167.md?p=1), from obtaining and using the results of a [genetic test](/usc/29/1191b.md?p=d-7-A) in making a determination regarding payment (as such term is defined for the purposes of applying the regulations promulgated by the Secretary of Health and Human Services under part C of title XI of the Social Security Act [[42 U.S.C. 1320d](/usc/42/1320d.md) et seq.] and [section 264](/usc/42/264.md) of the Health Insurance Portability and Accountability Act of 1996, as may be revised from time to time) consistent with [subsection (a)](#a).
    - (B) **Limitation—** For purposes of [subparagraph (A)](#c-3-A), a [group health plan](/usc/29/1167.md?p=1), or a [health insurance issuer](/usc/29/1191b.md?p=b-2) offering [health insurance coverage](/usc/29/1191b.md?p=b-1) in connection with a [group health plan](/usc/29/1167.md?p=1), may request only the minimum amount of information necessary to accomplish the intended purpose.
  - (4) **Research exception—** Notwithstanding [paragraph (1)](#c-1), a [group health plan](/usc/29/1167.md?p=1), or a [health insurance issuer](/usc/29/1191b.md?p=b-2) offering [health insurance coverage](/usc/29/1191b.md?p=b-1) in connection with a [group health plan](/usc/29/1167.md?p=1), may request, but not require, that a participant or beneficiary undergo a [genetic test](/usc/29/1191b.md?p=d-7-A) if each of the following conditions is met:
    - (A) The request is made, in writing, pursuant to research that complies with part 46 of title 45, Code of Federal Regulations, or equivalent Federal regulations, and any applicable State or local law or regulations for the protection of human subjects in research.
    - (B) The plan or issuer clearly indicates to each participant or beneficiary, or in the case of a minor child, to the legal guardian of such beneficiary, to whom the request is made that—
      - (i) compliance with the request is voluntary; and
      - (ii) non-compliance will have no effect on enrollment status or premium or contribution amounts.
    - (C) No [genetic information](/usc/29/1191b.md?p=d-6-A) collected or acquired under this paragraph shall be used for [underwriting purposes](/usc/29/1191b.md?p=d-9).
    - (D) The plan or issuer notifies the Secretary in writing that the plan or issuer is conducting activities pursuant to the exception provided for under this paragraph, including a description of the activities conducted.
    - (E) The plan or issuer complies with such other conditions as the Secretary may by regulation require for activities conducted under this paragraph.
- (d) **Prohibition on collection of genetic information—**
  - (1) **In general—** A [group health plan](/usc/29/1167.md?p=1), and a [health insurance issuer](/usc/29/1191b.md?p=b-2) offering [health insurance coverage](/usc/29/1191b.md?p=b-1) in connection with a [group health plan](/usc/29/1167.md?p=1), shall not request, require, or purchase [genetic information](/usc/29/1191b.md?p=d-6-A) for [underwriting purposes](/usc/29/1191b.md?p=d-9) (as defined in [section 1191b of this title](/usc/29/1191b.md)).
  - (2) **Prohibition on collection of genetic information prior to enrollment—** A [group health plan](/usc/29/1167.md?p=1), and a [health insurance issuer](/usc/29/1191b.md?p=b-2) offering [health insurance coverage](/usc/29/1191b.md?p=b-1) in connection with a [group health plan](/usc/29/1167.md?p=1), shall not request, require, or purchase [genetic information](/usc/29/1191b.md?p=d-6-A) with respect to any [individual](/usc/29/1301.md?p=a-14-C-ii-V) prior to such [individual](/usc/29/1301.md?p=a-14-C-ii-V)’s enrollment under the plan or coverage in connection with such enrollment.
  - (3) **Incidental collection—** If a [group health plan](/usc/29/1167.md?p=1), or a [health insurance issuer](/usc/29/1191b.md?p=b-2) offering [health insurance coverage](/usc/29/1191b.md?p=b-1) in connection with a [group health plan](/usc/29/1167.md?p=1), obtains [genetic information](/usc/29/1191b.md?p=d-6-A) incidental to the requesting, requiring, or purchasing of other information concerning any [individual](/usc/29/1301.md?p=a-14-C-ii-V), such request, requirement, or purchase shall not be considered a violation of [paragraph (2)](#d-2) if such request, requirement, or purchase is not in violation of [paragraph (1)](#d-1).
- (e) **Application to all plans—** The provisions of subsections [(a)(1)(F)](#a-1-F), [(b)(3)](#b-3), [(c)](#c), and [(d)](#d), and [subsection (b)(1)](#b-1) and [section 1181 of this title](/usc/29/1181.md) with respect to [genetic information](/usc/29/1191b.md?p=d-6-A), shall apply to [group health plans](/usc/29/1167.md?p=1) and [health insurance issuers](/usc/29/1191b.md?p=b-2) without regard to [section 1191a(a) of this title](/usc/29/1191a.md?p=a).
- (f) **Genetic information of a fetus or embryo—** Any reference in this part to [genetic information](/usc/29/1191b.md?p=d-6-A) concerning an [individual](/usc/29/1301.md?p=a-14-C-ii-V) or [family member](/usc/29/1191b.md?p=d-5) of an [individual](/usc/29/1301.md?p=a-14-C-ii-V) shall—
  - (1) with respect to such an [individual](/usc/29/1301.md?p=a-14-C-ii-V) or [family member](/usc/29/1191b.md?p=d-5) of an [individual](/usc/29/1301.md?p=a-14-C-ii-V) who is a pregnant woman, include [genetic information](/usc/29/1191b.md?p=d-6-A) of any fetus carried by such pregnant woman; and
  - (2) with respect to an [individual](/usc/29/1301.md?p=a-14-C-ii-V) or [family member](/usc/29/1191b.md?p=d-5) utilizing an assisted reproductive technology, include [genetic information](/usc/29/1191b.md?p=d-6-A) of any embryo legally held by the [individual](/usc/29/1301.md?p=a-14-C-ii-V) or [family member](/usc/29/1191b.md?p=d-5).

## Source credit

(Pub. L. 93–406, title I, § 702, as added Pub. L. 104–191, title I, § 101(a), Aug. 21, 1996, 110 Stat. 1945; amended Pub. L. 110–233, title I, § 101(a)–(c), May 21, 2008, 122 Stat. 883, 885.)

## Notes

### Editorial Notes

### References in Text

The Social Security Act, referred to in subsec. (c)(3)(A), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part C of title XI of the Act is classified generally to part C (§ 1320d et seq.) of subchapter XI of chapter 7 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

Section 264 of the Health Insurance Portability and Accountability Act of 1996, referred to in subsec. (c)(3)(A), is section 264 of Pub. L. 104–191, which is set out as a note under section 1320d–2 of Title 42, The Public Health and Welfare.

### Amendments

2008—Subsec. (b)(2)(A). Pub. L. 110–233, § 101(a)(1), inserted “except as provided in paragraph (3)” before semicolon.

Subsec. (b)(3). Pub. L. 110–233, § 101(a)(2), added par. (3).

Subsecs. (c) to (e). Pub. L. 110–233, § 101(b), added subsecs. (c) to (e).

Subsec. (f). Pub. L. 110–233, § 101(c), added subsec. (f).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2008 Amendment

Amendment by Pub. L. 110–233 applicable with respect to group health plans for plan years beginning after the date that is one year after May 21, 2008, see section 101(f)(2) of Pub. L. 110–233, set out as a note under section 1132 of this title.