[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1920 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1920

     To protect victims of domestic violence from health insurance 
                            discrimination.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 22, 1995

 Ms. Molinari (for herself, Mr. English of Pennsylvania, Mr. Ramstad, 
Ms. Ros-Lehtinen, Mrs. Vucanovich, Mr. Burton of Indiana, Mr. King, and 
  Mr. Paxon) introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
     To protect victims of domestic violence from health insurance 
                            discrimination.
    Be it enacted by the Senate and House of 
Representat<plus-minus>ives of the United States of America in Congress 
assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Domestic Violence Victims Insurance 
Protection Act of 1995''.

SEC. 2. PROTECTION OF DOMESTIC VIOLENCE VICTIMS FROM HEALTH INSURANCE 
              DISCRIMINATION.

    (a) In General.--An insurer may not deny or cancel health insurance 
coverage for an individual solely on the basis that the individual is 
or has been the subject of an act of domestic violence.
    (b) Interpretation.-- Nothing in this section shall prevent an 
insurer from underwriting, issuing, or renewing health insurance 
coverage on the basis of the physical or mental history of an 
individual so long as the insurer does not take into consideration 
whether such individual's condition was caused by an act of domestic 
violence.
    (c) Standards.--
            (1) In general.--The Secretary of Health and Human Services 
        shall request the National Association of Insurance 
        Commissioners to develop, within 9 months after the date of the 
        enactment of the Act, model regulations that specify standards 
        with respect to the requirements of this subtitle as applicable 
        to carriers and health insurance coverage.
            (2) Review of standards.--If the National Association of 
        Insurance Commissioners develops recommended regulations 
        specifying such standards within such period, the Secretary 
        shall review the standards. Such review shall be completed 
        within 60 days after the date the regulations are developed. 
        Unless the Secretary determines within such period that the 
        standards do not meet the requirements, such standards shall 
        serve as the standards under this section, with such amendments 
        as the Secretary deems necessary.
            (3) Application of standards.--Each State shall submit to 
        the Secretary a report on steps the State is taking to 
        implement and enforce the standards established under paragraph 
        (1) with respect to carriers and health insurance coverage 
        offered or renewed.
    (d) Definitions.--For purposes of this section:
            (1) Act of domestic violence.--The term ``act of domestic 
        violence'' means, with respect to an individual, the occurrence 
        of one or more acts of harassment, menacing, reckless 
        endangerment, kidnapping, assault, attempted assault, or 
        attempted murder, in violation of Federal or State law, between 
        household or family members (including in-laws or extended 
        family), spouses or former spouses, or individuals engaged in 
        or formerly engaged in a sexually intimate relationship, where 
        such an act has resulted in actual physical or emotional 
        injury, or has created a substantial risk of physical or 
        emotional harm to such individual or such individual's child.
            (2) Health insurance coverage.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``health insurance coverage'' means any 
                hospital or medical service policy or certificate, 
                hospital or medical service plan contract, or health 
                maintenance organization contract offered by an 
                insurer.
                    (B) Exception.--Such term does not include any of 
                the following:
                            (i) Coverage for accident only, dental 
                        only, vision only, disability income, or long-
                        term care insurance.
                            (ii) Medical supplemental health insurance.
                            (iii) Coverage issued as a supplement to 
                        liability insurance.
                            (iv) Liability insurance, including general 
                        liability insurance and automobile liability 
                        insurance.
                            (v) Worker's compensation or similar 
                        insurance.
                            (vi) Automobile medical-payment insurance.
                            (vii) Coverage for a specified disease or 
                        illness.
            (3) Insurer.--The term ``insurer'' means an insurance 
        company, insurance service, or insurance organization licensed 
        to engage in the business of insurance in a State, and health 
        maintenance organization.
            (4) State.--The term ``State'' means any State, the 
        District of Columbia, Puerto Rico, the Northern Mariana 
        Islands, the Virgin Islands, American Samoa, and Guam.
                                 <all>