---
kind: "section"
citation: "42 U.S.C. § 300gg–53"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300gg–53"
heading: "Prohibition of health discrimination on the basis of genetic information"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/300gg-53"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter XXV — Requirements Relating to Health Insurance Coverage"
  - "Part B — Individual Market Rules"
  - "Subpart 2 — other requirements"
---

# §300gg–53. Prohibition of health discrimination on the basis of genetic information

- (a) **Prohibition on genetic information as a condition of eligibility—**
  - (1) **In general—** A [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in the [individual market](/usc/42/300gg–91.md?p=e-1-A) may not establish rules for the eligibility (including continued eligibility) of any individual to enroll in [individual health insurance coverage](/usc/42/300gg–91.md?p=b-5) based on [genetic information](/usc/42/300gg–91.md?p=d-16-A).
  - (2) **Rule of construction—** Nothing in [paragraph (1)](#a-1) or in paragraphs [(1)](#e-1) and [(2)](#e-2) of subsection (e) shall be construed to preclude a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) from establishing rules for eligibility for an individual to enroll in [individual health insurance coverage](/usc/42/300gg–91.md?p=b-5) based on the manifestation of a disease or disorder in that individual, or in a [family member](/usc/42/300gg–91.md?p=d-15) of such individual where such [family member](/usc/42/300gg–91.md?p=d-15) is covered under the policy that covers such individual.
- (b) **Prohibition on genetic information in setting premium rates—**
  - (1) **In general—** A [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in the [individual market](/usc/42/300gg–91.md?p=e-1-A) shall not adjust premium or contribution amounts for an individual on the basis of [genetic information](/usc/42/300gg–91.md?p=d-16-A) concerning the individual or a [family member](/usc/42/300gg–91.md?p=d-15) of the individual.
  - (2) **Rule of construction—** Nothing in [paragraph (1)](#b-1) or in paragraphs [(1)](#e-1) and [(2)](#e-2) of subsection (e) shall be construed to preclude a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) from adjusting premium or contribution amounts for an individual on the basis of a manifestation of a disease or disorder in that individual, or in a [family member](/usc/42/300gg–91.md?p=d-15) of such individual where such [family member](/usc/42/300gg–91.md?p=d-15) is covered under the policy that covers such individual. In such case, the manifestation of a disease or disorder in one individual cannot also be used as [genetic information](/usc/42/300gg–91.md?p=d-16-A) about other individuals covered under the policy issued to such individual and to further increase premiums or contribution amounts.
- (c) **Prohibition on genetic information as preexisting condition—**
  - (1) **In general—** A [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in the [individual market](/usc/42/300gg–91.md?p=e-1-A) may not, on the basis of [genetic information](/usc/42/300gg–91.md?p=d-16-A), impose any preexisting condition exclusion (as defined in [section 2701(b)(1)(A)](/usc/42/2701.md))[^1] with respect to such coverage.
  - (2) **Rule of construction—** Nothing in [paragraph (1)](#c-1) or in paragraphs [(1)](#e-1) and [(2)](#e-2) of subsection (e) shall be construed to preclude a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) from imposing any preexisting condition exclusion for an individual with respect to [health insurance coverage](/usc/42/300gg–91.md?p=b-1) on the basis of a manifestation of a disease or disorder in that individual.
- (d) **Genetic testing—**
  - (1) **Limitation on requesting or requiring genetic testing—** A [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in the [individual market](/usc/42/300gg–91.md?p=e-1-A) shall not request or require an individual or a [family member](/usc/42/300gg–91.md?p=d-15) of such individual to undergo a [genetic test](/usc/42/300gg–91.md?p=d-17-A).
  - (2) **Rule of construction—** [Paragraph (1)](#d-1) shall not be construed to limit the authority of a health care professional who is providing health [care services](/usc/42/300z–1.md?p=a-7) to an individual to request that such individual undergo a [genetic test](/usc/42/300gg–91.md?p=d-17-A).
  - (3) **Rule of construction regarding payment—**
    - (A) **In general—** Nothing in [paragraph (1)](#d-1) shall be construed to preclude a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in the [individual market](/usc/42/300gg–91.md?p=e-1-A) from obtaining and using the results of a [genetic test](/usc/42/300gg–91.md?p=d-17-A) in making a determination regarding payment (as such term is defined for the purposes of applying the [regulations](/usc/42/201.md?p=d) promulgated by the [Secretary](/usc/42/201.md?p=c) 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[^2] (a) and (c).
    - (B) **Limitation—** For purposes of [subparagraph (A)](#d-3-A), a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in the [individual market](/usc/42/300gg–91.md?p=e-1-A) may request only the minimum amount of information necessary to accomplish the intended purpose.
  - (4) **Research exception—** Notwithstanding [paragraph (1)](#d-1), a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in the [individual market](/usc/42/300gg–91.md?p=e-1-A) may request, but not require, that an individual or a [family member](/usc/42/300gg–91.md?p=d-15) of such individual undergo a [genetic test](/usc/42/300gg–91.md?p=d-17-A) if each of the following conditions is met:
    - (A) The request is made pursuant to research that complies with part 46 of title 45, Code of Federal [Regulations](/usc/42/201.md?p=d), or equivalent Federal [regulations](/usc/42/201.md?p=d), and any applicable [State](/usc/42/201.md?p=f) or local law or [regulations](/usc/42/201.md?p=d) for the protection of human subjects in research.
    - (B) The issuer clearly indicates to each individual, or in the case of a minor child, to the legal guardian of such child, 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/42/300gg–91.md?p=d-16-A) collected or acquired under this paragraph shall be used for [underwriting purposes](/usc/42/300gg–91.md?p=d-19).
    - (D) The issuer notifies the [Secretary](/usc/42/201.md?p=c) in writing that the issuer is conducting activities pursuant to the exception provided for under this paragraph, including a description of the activities conducted.
    - (E) The issuer complies with such other conditions as the [Secretary](/usc/42/201.md?p=c) may by regulation require for activities conducted under this paragraph.
- (e) **Prohibition on collection of genetic information—**
  - (1) **In general—** A [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in the [individual market](/usc/42/300gg–91.md?p=e-1-A) shall not request, require, or purchase [genetic information](/usc/42/300gg–91.md?p=d-16-A) for [underwriting purposes](/usc/42/300gg–91.md?p=d-19) (as defined in [section 300gg–91 of this title](/usc/42/300gg–91.md)).
  - (2) **Prohibition on collection of genetic information prior to enrollment—** A [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in the [individual market](/usc/42/300gg–91.md?p=e-1-A) shall not request, require, or purchase [genetic information](/usc/42/300gg–91.md?p=d-16-A) with respect to any individual prior to such individual’s enrollment under the plan in connection with such enrollment.
  - (3) **Incidental collection—** If a [health insurance issuer](/usc/42/300gg–91.md?p=b-2) offering [health insurance coverage](/usc/42/300gg–91.md?p=b-1) in the [individual market](/usc/42/300gg–91.md?p=e-1-A) obtains [genetic information](/usc/42/300gg–91.md?p=d-16-A) incidental to the requesting, requiring, or purchasing of other information concerning any individual, such request, requirement, or purchase shall not be considered a [violation](/usc/42/2000e–16a.md?p=c) of [paragraph (2)](#e-2) if such request, requirement, or purchase is not in [violation](/usc/42/2000e–16a.md?p=c) of [paragraph (1)](#e-1).
- (f) **Genetic information of a fetus or embryo—** Any reference in this part to [genetic information](/usc/42/300gg–91.md?p=d-16-A) concerning an individual or [family member](/usc/42/300gg–91.md?p=d-15) of an individual shall—
  - (1) with respect to such an individual or [family member](/usc/42/300gg–91.md?p=d-15) of an individual who is a pregnant woman, include [genetic information](/usc/42/300gg–91.md?p=d-16-A) of any fetus carried by such pregnant woman; and
  - (2) with respect to an individual or [family member](/usc/42/300gg–91.md?p=d-15) utilizing an [assisted reproductive technology](/usc/42/263a–7.md?p=1), include [genetic information](/usc/42/300gg–91.md?p=d-16-A) of any embryo legally held by the individual or [family member](/usc/42/300gg–91.md?p=d-15).

## Footnotes

[^1]: See References in Text note below.
[^2]: So in original. Probably should be “subsections”.

## Source credit

(July 1, 1944, ch. 373, title XXVII, § 2753, as added Pub. L. 110–233, title I, § 102(b)(1)(B), May 21, 2008, 122 Stat. 893.)

## Notes

### Editorial Notes

### References in Text

Section 2701, referred to in subsec. (c)(1), is a reference to section 2701 of act July 1, 1944. Section 2701, which was classified to section 300gg of this title, was renumbered section 2704, effective for plan years beginning on or after Jan. 1, 2014, with certain exceptions, and amended, by Pub. L. 111–148, title I, §§ 1201(2), 1563(c)(1), formerly § 1562(c)(1), title X, § 10107(b)(1), Mar. 23, 2010, 124 Stat. 154, 264, 911, and was transferred to section 300gg–3 of this title. A new section 2701 of act July 1, 1944, related to fair health insurance premiums, was added, effective for plan years beginning on or after Jan. 1, 2014, and amended, by Pub. L. 111–148, title I, § 1201(4), title X, § 10103(a), Mar. 23, 2010, 124 Stat. 155, 892, and is classified to section 300gg of this title.

The Social Security Act, referred to in subsec. (d)(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 this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables.

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

### Codification

Another section 2753 of act July 1, 1944, is classified to section 300gg–54 of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable, with respect to group health plans and health insurance coverage offered in connection with group health plans, for plan years beginning after the date that is one year after May 21, 2008, and, with respect to health insurance coverage offered, sold, issued, renewed, in effect, or operated in the individual market, after the date that is one year after May 21, 2008, see section 102(d)(2) of Pub. L. 110–233, set out as an Effective Date of 2008 Amendment note under section 300gg–21 of this title.