Notwithstanding any other provision of law, the collection of information about the manifested disease or disorder of a family member shall not be considered an unlawful acquisition of genetic information with respect to another family member as part of a workplace wellness program described in paragraph (1) or (2) offered by an employer (or in conjunction with an employer-sponsored health plan described in section 2705(j) of the Public Health Service Act (42 U.S.C. 300gg–4(j))) and shall not violate title I or title II of the Genetic Information Nondiscrimination Act of 2008 (Public Law 110–233). For purposes of the preceding sentence, the term “family member” has the meaning given such term in section 201 of the Genetic Information Nondiscrimination Act (Public Law 110–233).
No room for abuse there, eh?
SNORT.
Let’s just summarize section b: the collection of information shall not be considered an unlawful acquisition of genetic information.
I agree that is a problem, that wording. I am not convinced yet there is a nefarious component to it (as described below) but unintentional loopholes are still loopholes.
I think context is important. Are they discussing the types of questions someone might be asked, for example, about Ashkenazi Jewish ancestry, since that being an Ashkenazi Jew makes a woman more susceptible to various kinds of breast cancer, and this is currently asked when a woman has a breast exam with an accompanying breast cancer risk assessment. It isn't against the law now to ask this, but...a person can decline to answer, although refusing to answer changes a woman's risk assessment grade.