[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4014 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4014

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            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 
                               concerned

_______________________________________________________________________

                                 A BILL


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

    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 ``Insurance Non-Discrimination for 
Survivors Act''.

SEC. 2. DEFINITIONS.

    In this Act, except as otherwise expressly provided:
            (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.
            (2) Electronic communications.--The term ``electronic 
        communications'' includes communications via telephone 
        (including mobile phone), computer, e-mail, video recorder, fax 
        machine, telex, or pager.
            (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).
            (4) Employee.--
                    (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)).
                    (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.
            (5) Employer.--The term ``employer''--
                    (A) means any person engaged in commerce or in any 
                industry or activity affecting commerce who employs 15 
                or more individuals; and
                    (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.
            (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)).
            (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).
            (8) Repeatedly.--The term ``repeatedly'' means on 2 or more 
        occasions.
            (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).
            (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.

SEC. 3. DEFINITIONS.

    In this Act:
            (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:
                    (A) Attempting to cause or causing another person 
                bodily injury, physical harm, substantial emotional 
                distress, or psychological trauma.
                    (B) Attempting to engage in or engaging in rape, 
                sexual assault, or involuntary sexual intercourse.
                    (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.
                    (D) Subjecting another person to false imprisonment 
                or kidnapping.
                    (E) Attempting to cause or causing damage to 
                property so as to intimidate or attempt to control the 
                behavior of another person.
            (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.
            (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.
            (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.
            (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.
            (6) Subject of abuse.--The term ``subject of abuse'' 
        means--
                    (A) a person against whom an act of abuse has been 
                directed;
                    (B) a person who has prior or current injuries, 
                illnesses, or disorders that resulted from abuse; or
                    (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.

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:
            (1) Denying, refusing to issue, renew, or reissue, or 
        canceling or otherwise terminating an insurance policy or 
        health benefit plan.
            (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.
            (3) Adding a premium differential to any insurance policy 
        or health benefit plan.
    (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.
    (c) Prohibition on Termination.--
            (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.
            (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.
            (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.
            (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.
    (d) Use of Information.--
            (1) Limitation.--
                    (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)--
                            (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; or
                            (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--
                                    (I) is required in order to provide 
                                insurance coverage; and
                                    (II) does not have the potential to 
                                endanger the safety of a subject of 
                                abuse.
                    (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.
            (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.

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.

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.

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

SEC. 8. SUBROGATION WITHOUT CONSENT PROHIBITED.

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

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.
    (b) Private Cause of Action.--
            (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.
            (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.
            (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.

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.

SEC. 11. EFFECTIVE DATE.

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