[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 524 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 524

To prohibit insurers from denying health insurance coverage, benefits, 
or varying premiums based on the status of an individual as a victim of 
               domestic violence, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                March 9 (legislative day, March 6), 1995

  Mr. Wellstone (for himself, Mr. Kennedy, Mr. Reid, Mr. Bradley, and 
 Mrs. Murray) introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
To prohibit insurers from denying health insurance coverage, benefits, 
or varying premiums based on the status of an individual as a victim of 
               domestic violence, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Victims of Abuse Access to Health 
Insurance Act''.

SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION RELATING TO 
              VICTIMS OF CERTAIN CRIMES.

    (a) In General.--No insurer may engage in a practice that has the 
effect of denying, canceling, or limiting health insurance coverage or 
health benefits, or establishing, increasing, or varying the premium 
charged for the coverage or benefits--
            (1) to or for an individual on the basis that the 
        individual is, has been, or may be the victim of domestic 
        violence; or
            (2) to or for a group or employer on the basis that the 
        group includes or the employer employs, or provides or 
        subsidizes insurance for, an individual described in paragraph 
        (1).
    (b) Preexisting Conditions.--
            (1) In general.--A health benefit plan may not consider a 
        condition or injury that occurred as a result of domestic 
        violence as a preexisting condition.
            (2) Preexisting condition.--As used in paragraph (1), the 
        term ``preexisting condition'' means, with respect to coverage 
        under a health benefit plan, a condition which was diagnosed, 
        or which was treated, prior to the first date of such coverage 
        (without regard to any waiting period).

SEC. 3. CIVIL AND CRIMINAL REMEDIES AND PENALTIES.

    (a) In General.--Whoever violates the provisions of this Act shall 
be--
            (1) subject to a fine in an amount provided for under title 
        18, United States Code, for a class A misdemeanor not resulting 
        in death;
            (2) subject to the imposition of a civil monetary penalty; 
        and
            (3) subject to the commencement by the aggrieved party of a 
        civil action under subsection (b).
    (b) Civil Remedies.--
            (1) In general.--Any individual aggrieved by reason of the 
        conduct prohibited in this Act may commence a civil action for 
        the relief set forth in paragraph (2).
            (2) Relief.--In any action under paragraph (1), the court 
        may award appropriate relief, including temporary, preliminary, 
        or permanent injunctive relief and compensatory and punitive 
        damages, as well as the costs of suit and reasonable fees for 
        plaintiff's attorneys and expert witnesses. With respect to 
        compensatory damages, the plaintiff 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 per violation.
            (3) Concurrent jurisdiction.--Both Federal and State courts 
        shall have concurrent jurisdiction over actions brought 
        pursuant to this section.

SEC. 4. DEFINITIONS.

    For purposes of this Act:
            (1) Domestic violence.--The term ``domestic violence'' 
        means the occurrence of one or more of the following acts 
        between household or family (including in-laws or extended 
        family) members, spouses or former spouses, or individuals 
        engaged in or formerly engaged in a sexually intimate 
        relationship:
                    (A) Attempting to cause or intentionally, 
                knowingly, or recklessly causing bodily injury, rape, 
                assault, sexual assault, or involuntary sexual 
                intercourse.
                    (B) Knowingly engaging in a course of conduct or 
                repeatedly committing acts toward another individual, 
                including following the individual, without proper 
                authority, under circumstances that place the 
                individual in reasonable fear of bodily injury.
                    (C) Subjecting another to false imprisonment.
            (2) Insurer.--
                    (A) In general.--The term ``insurer'' means a 
                health benefit plan, a health care provider, an entity 
                that self-insures, or a Federal or State agency or 
                entity that conducts activities related to the 
                protection of public health.
                    (B) Health benefit plan.--The term ``health benefit 
                plan'' means any public or private entity or program 
                that provides for payments for health care, including--
                            (i) a group health plan (as defined in 
                        section 607 of the Employee Retirement Income 
                        Security Act of 1974) or a multiple employer 
                        welfare arrangement (as defined in section 
                        3(40) of such Act) that provides health 
                        benefits;
                            (ii) any other health insurance 
                        arrangement, including any arrangement 
                        consisting of a hospital or medical expense 
                        incurred policy or certificate, hospital or 
                        medical service plan contract, or health 
                        maintenance organization subscriber contract;
                            (iii) workers' compensation or similar 
                        insurance to the extent that it relates to 
                        workers' compensation medical benefits (as 
                        defined by the Secretary of Health and Human 
                        Services); and
                            (iv) automobile medical insurance to the 
                        extent that it relates to medical benefits (as 
                        defined by the Secretary of Health and Human 
                        Services).

SEC. 5. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT.

    For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C. 
1012(b)); commonly known as the McCarran-Ferguson Act), this Act shall 
be considered to specifically relate to the business of insurance.

SEC. 6. REGULATIONS.

    The Secretary of Health and Human Services shall issue regulations 
to carry out this Act.

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect 90 days after the date of the enactment 
of this Act.
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