HR 4014 IHCommentsClose CommentsPermalink

To prohibit discrimination in insurance coverage to victims of domestic violence, dating violence, sexual assault, or stalking.CommentsClose CommentsPermalink

October 31, 2007

Ms. ROYBAL-ALLARD (for herself and Mr. POE) introduced the following bill; which was referred to the Committee on Financial Services, and in addition to the Committee on Energy and Commerce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

To prohibit discrimination in insurance coverage to victims of domestic violence, dating violence, sexual assault, or stalking.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Insurance Non-Discrimination for Survivors Act'.CommentsClose CommentsPermalink

SEC. 2. DEFINITIONS.

In this Act, except as otherwise expressly provided:CommentsClose CommentsPermalink





(1) COURSE OF CONDUCT- The term `course of conduct' means a course of repeatedly maintaining a visual or physical proximity to a person or conveying verbal or written threats, including threats conveyed through electronic communications, or threats implied by conduct.CommentsClose CommentsPermalink





(2) ELECTRONIC COMMUNICATIONS- The term `electronic communications' includes communications via telephone (including mobile phone), computer, e-mail, video recorder, fax machine, telex, or pager.CommentsClose CommentsPermalink





(3) EMPLOY; STATE- The terms `employ' and `State' have the meanings given the terms in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).CommentsClose CommentsPermalink





(4) EMPLOYEE-CommentsClose CommentsPermalink





(A) IN GENERAL- The term `employee' means any person employed by an employer. In the case of an individual employed by a public agency, such term means an individual employed as described in section 3(e)(2) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(e)(2)).CommentsClose CommentsPermalink





(B) BASIS- The term includes a person employed as described in subparagraph (A) on a full- or part-time basis, for a fixed time period, on a temporary basis, pursuant to a detail, or as a participant in a work assignment as a condition of receipt of Federal or State income-based public assistance.CommentsClose CommentsPermalink





(5) EMPLOYER- The term `employer'--CommentsClose CommentsPermalink





(A) means any person engaged in commerce or in any industry or activity affecting commerce who employs 15 or more individuals; andCommentsClose CommentsPermalink





(B) includes any person acting directly or indirectly in the interest of an employer in relation to an employee, and includes a public agency that employs individuals as described in section 3(e)(2) of the Fair Labor Standards Act of 1938, but does not include any labor organization (other than when acting as an employer) or anyone acting in the capacity of officer or agent of such labor organization.CommentsClose CommentsPermalink





(6) EMPLOYMENT BENEFITS- The term `employment benefits' means all benefits provided or made available to employees by an employer, including group life insurance, health insurance, disability insurance, sick leave, annual leave, educational benefits, and pensions, regardless of whether such benefits are provided by a practice or written policy of an employer or through an `employee benefit plan', as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002(3)).CommentsClose CommentsPermalink





(7) PERSON- The term `person' has the meaning given the term in section 3 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203).CommentsClose CommentsPermalink





(8) REPEATEDLY- The term `repeatedly' means on 2 or more occasions.CommentsClose CommentsPermalink





(9) SEXUAL ASSAULT- The term `sexual assault' has the meaning given the term in section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925).CommentsClose CommentsPermalink





(10) VICTIM OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING- The term `victim of domestic violence, dating violence, sexual assault, or stalking' includes a person who has been a victim of domestic violence, dating violence, sexual assault, or stalking and a person whose family or household member has been a victim of domestic violence, dating violence, sexual assault, or stalking.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) ABUSE- The term `abuse' means the occurrence of 1 or more of the following acts by a current or former household or family member, intimate partner, or caretaker:CommentsClose CommentsPermalink





(A) Attempting to cause or causing another person bodily injury, physical harm, substantial emotional distress, or psychological trauma.CommentsClose CommentsPermalink





(B) Attempting to engage in or engaging in rape, sexual assault, or involuntary sexual intercourse.CommentsClose CommentsPermalink





(C) Engaging in a course of conduct or repeatedly committing acts toward another person, including following the person without proper authority and under circumstances that place the person in reasonable fear of bodily injury or physical harm.CommentsClose CommentsPermalink





(D) Subjecting another person to false imprisonment or kidnapping.CommentsClose CommentsPermalink





(E) Attempting to cause or causing damage to property so as to intimidate or attempt to control the behavior of another person.CommentsClose CommentsPermalink





(2) HEALTH CARRIER- The term `health carrier' means a person that contracts or offers to contract on a risk-assuming basis to provide, deliver, arrange for, pay for, or reimburse any of the cost of health care services, including a sickness and accident insurance company, a health maintenance organization, a nonprofit hospital and health service corporation, or any other entity providing a plan of health insurance, health benefits, or health services.CommentsClose CommentsPermalink





(3) INSURED- The term `insured' means a party named on a policy, certificate, or health benefit plan, including an individual, corporation, partnership, association, unincorporated organization, or any similar entity, as the person with legal rights to the benefits provided by the policy, certificate, or health benefit plan. For group insurance, the term includes a person who is a beneficiary covered by a group policy, certificate, or health benefit plan. For life insurance, the term refers to the person whose life is covered under an insurance policy.CommentsClose CommentsPermalink





(4) INSURER- The term `insurer' means any person, reciprocal exchange, inter insurer, Lloyds insurer, fraternal benefit society, or other legal entity engaged in the business of insurance, including agents, brokers, adjusters, and third-party administrators. The term includes employers who provide or make available employment benefits through an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 102(3)). The term also includes health carriers, health benefit plans, and life, disability, and property and casualty insurers.CommentsClose CommentsPermalink





(5) POLICY- The term `policy' means a contract of insurance, certificate, indemnity, suretyship, or annuity issued, proposed for issuance, or intended for issuance by an insurer, including endorsements or riders to an insurance policy or contract.CommentsClose CommentsPermalink





(6) SUBJECT OF ABUSE- The term `subject of abuse' means--CommentsClose CommentsPermalink





(A) a person against whom an act of abuse has been directed;CommentsClose CommentsPermalink





(B) a person who has prior or current injuries, illnesses, or disorders that resulted from abuse; orCommentsClose CommentsPermalink





(C) a person who seeks, may have sought, or had reason to seek medical or psychological treatment for abuse, protection, court-ordered protection, or shelter from abuse.CommentsClose CommentsPermalink

SEC. 4. DISCRIMINATORY ACTS PROHIBITED.

(a) In General- No insurer may, directly or indirectly, engage in any of the following acts or practices on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association, is, has been, or may be the subject of abuse or has incurred or may incur abuse-related claims:CommentsClose CommentsPermalink





(1) Denying, refusing to issue, renew, or reissue, or canceling or otherwise terminating an insurance policy or health benefit plan.CommentsClose CommentsPermalink





(2) Restricting, excluding, or limiting insurance coverage for losses or denying a claim, except as otherwise permitted or required by State laws relating to life insurance beneficiaries.CommentsClose CommentsPermalink





(3) Adding a premium differential to any insurance policy or health benefit plan.CommentsClose CommentsPermalink





(b) Prohibition on Limitation of Claims- No insurer may, directly or indirectly, deny or limit payment to an insured who is a subject of abuse if the claim for payment is a result of the abuse.CommentsClose CommentsPermalink





(c) Prohibition on Termination-CommentsClose CommentsPermalink





(1) IN GENERAL- No insurer or health carrier may terminate health coverage for a subject of abuse because coverage was originally issued in the name of the abuser and the abuser has divorced, separated from, or lost custody of the subject of abuse or the abuser's coverage has terminated voluntarily or involuntarily and the subject of abuse does not qualify for an extension of coverage under part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.) or section 4980B of the Internal Revenue Code of 1986.CommentsClose CommentsPermalink





(2) PAYMENT OF PREMIUMS- Nothing in paragraph (1) shall be construed to prohibit the insurer from requiring that the subject of abuse pay the full premium for the subject's coverage under the health plan if the requirements are applied to all insured of the health carrier.CommentsClose CommentsPermalink





(3) EXCEPTION- An insurer may terminate group coverage to which this subsection applies after the continuation coverage period required by this subsection has been in force for 18 months if it offers conversion to an equivalent individual plan.CommentsClose CommentsPermalink





(4) CONTINUATION COVERAGE- The continuation of health coverage required by this subsection shall be satisfied by any extension of coverage under part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.) or section 4980B of the Internal Revenue Code of 1986 provided to a subject of abuse and is not intended to be in addition to any extension of coverage otherwise provided for under such part 6 or section 4980B.CommentsClose CommentsPermalink





(d) Use of Information-CommentsClose CommentsPermalink





(1) LIMITATION-CommentsClose CommentsPermalink





(A) IN GENERAL- In order to protect the safety and privacy of subjects of abuse, no person employed by or contracting with an insurer or health benefit plan may (without the consent of the subject)--CommentsClose CommentsPermalink





(i) use, disclose, or transfer information relating to abuse status, acts of abuse, abuse-related medical conditions, or the applicant's or insured's status as a family member, employer, associate, or person in a relationship with a subject of abuse for any purpose unrelated to the direct provision of health care services unless such use, disclosure, or transfer is required by an order of an entity with authority to regulate insurance or an order of a court of competent jurisdiction; orCommentsClose CommentsPermalink





(ii) disclose or transfer information relating to an applicant's or insured's mailing address or telephone number or the mailing address and telephone number of a shelter for subjects of abuse, unless such disclosure or transfer--CommentsClose CommentsPermalink





(I) is required in order to provide insurance coverage; andCommentsClose CommentsPermalink





(II) does not have the potential to endanger the safety of a subject of abuse.CommentsClose CommentsPermalink





(B) RULE OF CONSTRUCTION- Nothing in this paragraph may be construed to limit or preclude a subject of abuse from obtaining the subject's own insurance records from an insurer.CommentsClose CommentsPermalink





(2) AUTHORITY OF SUBJECT OF ABUSE- A subject of abuse, at the absolute discretion of the subject of abuse, may provide evidence of abuse to an insurer for the limited purpose of facilitating treatment of an abuse-related condition or demonstrating that a condition is abuse-related. Nothing in this paragraph shall be construed as authorizing an insurer or health carrier to disregard such provided evidence.CommentsClose CommentsPermalink

SEC. 5. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE.

Insurers shall develop and adhere to written policies specifying procedures to be followed by employees, contractors, producers, agents, and brokers for the purpose of protecting the safety and privacy of a subject of abuse and otherwise implementing this Act when taking an application, investigating a claim, or taking any other action relating to a policy or claim involving a subject of abuse.CommentsClose CommentsPermalink

SEC. 6. REASONS FOR ADVERSE ACTIONS.

An insurer that takes an action that adversely affects a subject of abuse, shall advise the applicant or insured who is the subject of abuse of the specific reasons for the action in writing. For purposes of this section, reference to general underwriting practices or guidelines shall not constitute a specific reason.CommentsClose CommentsPermalink

SEC. 7. LIFE INSURANCE.

Nothing in this Act shall be construed to prohibit a life insurer from declining to issue a life insurance policy if the applicant or prospective owner of the policy is or would be designated as a beneficiary of the policy, and if--CommentsClose CommentsPermalink





(1) the applicant or prospective owner of the policy lacks an insurable interest in the insured; orCommentsClose CommentsPermalink





(2) the applicant or prospective owner of the policy is known, on the basis of police or court records, to have committed an act of abuse against the proposed insured.CommentsClose CommentsPermalink

SEC. 8. SUBROGATION WITHOUT CONSENT PROHIBITED.

Subrogation of claims resulting from abuse is prohibited without the informed consent of the subject of abuse.CommentsClose CommentsPermalink

SEC. 9. ENFORCEMENT.

(a) Federal Trade Commission- Any act or practice prohibited by this Act shall be treated as an unfair and deceptive act or practice pursuant to section 5 of the Federal Trade Commission Act (15 U.S.C. 45) and the Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act were incorporated into and made a part of this Act, including issuing a cease and desist order granting any individual relief warranted under the circumstances, including temporary, preliminary, and permanent injunctive relief and compensatory damages.CommentsClose CommentsPermalink





(b) Private Cause of Action-CommentsClose CommentsPermalink





(1) IN GENERAL- An applicant or insured who believes that the applicant or insured has been adversely affected by an act or practice of an insurer in violation of this Act may maintain an action against the insurer in a Federal or State court of original jurisdiction.CommentsClose CommentsPermalink





(2) RELIEF- Upon proof of such conduct by a preponderance of the evidence in an action described in paragraph (1), the court may award appropriate relief, including temporary, preliminary, and permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for the aggrieved individual's attorneys and expert witnesses.CommentsClose CommentsPermalink





(3) STATUTORY DAMAGES- With respect to compensatory damages in an action described in paragraph (1), the aggrieved individual may elect, at any time prior to the rendering of final judgment, to recover in lieu of actual damages, an award of statutory damages in the amount of $5,000 for each violation.CommentsClose CommentsPermalink

SEC. 10. NO PREEMPTION.

Nothing in this Act shall be construed as superseding any law of a State or political subdivision of a State that provides greater protection to victims of domestic violence than provided in this Act.CommentsClose CommentsPermalink

SEC. 11. EFFECTIVE DATE.

This Act shall apply with respect to any action taken on or after the date of enactment of this Act.CommentsClose CommentsPermalink