[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1832 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1832
To establish minimum standards relating to a factor for life insurance
eligibility and rates, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2019
Mr. Pappas (for himself, Mr. King of New York, Mr. Trone, Mr. Rose of
New York, Ms. Dean, Ms. Speier, and Mr. Cox of California) introduced
the following bill; which was referred to the Committee on Financial
Services
_______________________________________________________________________
A BILL
To establish minimum standards relating to a factor for life insurance
eligibility and rates, 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 ``Insurance Fairness for First
Responders Act of 2019''.
SEC. 2. FAIRNESS FOR LIFE INSURANCE PURCHASERS.
Title V of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (15 U.S.C. 8201 et seq.) is amended by adding at the end
the following new subtitle:
``Subtitle C--Fairness for Life Insurance Purchasers
``SEC. 551. PROHIBITION AGAINST DISCRIMINATION IN LIFE INSURANCE
POLICIES BASED ON POSSESSION OF NALOXONE.
``(a) In General.--It shall be unlawful for any insurer to deny any
person life insurance, or to otherwise discriminate in the issuance,
cancellation, amount of coverage, or conditions of life insurance,
based upon the lawful possession by such person of naloxone pursuant to
a standing order for the dispensing of naloxone to a health care
professional or first responder issued by an agency of a State or unit
of general local government.
``(b) Insurance Rates.--It shall be unlawful for any insurer to
charge rates for life insurance which are excessive or unfairly
discriminatory in relation to the actuarial risk associated with the
lawful possession by such person of naloxone pursuant to a standing
order for the dispensing of naloxone to a health care professional or
first responder issued by an agency of a State or unit of general local
government.
``SEC. 552. ADMINISTRATIVE ENFORCEMENT.
``(a) State Enforcement.--In addition to such other remedies as are
provided under State law, the chief law enforcement officer of a State,
or an official or agency designated by a State, may bring an action to
enjoin any person who has violated or is violating this subtitle.
``(b) Enforcement by Secretary.--The Secretary of the Treasury
shall enforce this subtitle in any State that the Secretary determines
does not have a comparable State law or a law that the Secretary has
determined is not inconsistent under section 553.
``SEC. 553. EFFECT ON STATE LAWS.
``(a) In General.--This subtitle does not annul, alter, or affect,
or exempt any insurer subject to the provisions of this subtitle from
complying with the laws of any State with respect to the use of lawful
possession by such person of naloxone pursuant to a standing order for
the dispensing of naloxone to a health care professional or first
responder issued by an agency of a State or unit of general local
government for the purposes of underwriting or rating life insurance
except to the extent that such laws are inconsistent with any provision
of this subtitle and then only to the extent of the inconsistency. The
Secretary may determine whether such inconsistencies exist. The
Secretary may not determine that any State law is inconsistent with any
provision of this subtitle if the Secretary determines that such law
gives greater protection to the insured.
``(b) State Exemptions.--The Secretary shall, by regulation, exempt
from the requirements of this subtitle any class of insurance
transactions within any State if the Secretary determines that under
the law of that State that class of transaction is subject to
requirements substantially similar to those imposed under this subtitle
or that such law gives greater protection to the consumer, and that
there is adequate provision for enforcement.
``SEC. 554. DEFINITIONS.
``For purposes of this subtitle, the following definitions shall
apply:
``(1) First responder.--The term `first responder' means an
individual serving a Federal, State, or local governmental or
nongovernmental agency in an official capacity, with or without
compensation, as a law enforcement or public safety officer,
firefighter, emergency rescue or response team member,
emergency medical service provider or paramedic, or rescue
squad or ambulance crew member.
``(2) Health care professional.--The term `health care
professional' means, with respect to the provision of health
care items and services in a State, an individual who is
licensed or otherwise legally authorized to provide such items
and services in such State.
``(3) Insurer.--The term `insurer' means any entity,
including any affiliate thereof, that is licensed or admitted
to engage in the business of providing life insurance in any
State.
``(4) Insured.--The term `insured' means any natural person
who purchases, or attempts to purchase, life insurance.
``(5) Life insurance.--
``(A) In general.--The term `life insurance' means
insurance for which the probabilities of the duration
of human life or the rate of mortality are an element
or condition of insurance.
``(B) Included insurance.--Such term includes the
granting of--
``(i) endowment benefits;
``(ii) additional benefits in the event of
death by accident or accidental means;
``(iii) disability income benefits;
``(iv) additional disability benefits that
operate to safeguard the contract from lapse or
to provide a special surrender value, or
special benefit in the event of total and
permanent disability;
``(v) benefits that provide payment or
reimbursement for long-term home health care,
or long-term care in a nursing home or other
related facility;
``(vi) burial insurance; and
``(vii) optional modes of settlement of
proceeds of life insurance.
``(C) Exclusions.--Such term does not include
property and casualty insurance, health insurance or
workers compensation insurance.
``(6) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``SEC. 555. REGULATIONS.
``The Secretary shall issue regulations to carry out the purposes
of this subtitle.
``SEC. 556. APPLICABILITY.
``This subtitle shall apply to any policy for life insurance
coverage issued, renewed, altered, or modified or canceled after the
expiration of the 6-month period beginning on the date of the enactment
of this subtitle.''.
SEC. 3. TIMING OF REGULATIONS.
The Secretary of the Treasury shall issue the regulations required
by section 555 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act, as added by section 2 of this Act, not later than the
expiration of the 6-month period beginning on the date of the enactment
of this Act.
SEC. 4. CLERICAL AMENDMENT.
The table of contents in section 1(b) of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (12 U.S.C. 5301 note) is amended by
adding at the end the following new items:
``Subtitle C--Fairness for Life Insurance Purchasers
``Sec. 551. Prohibition against discrimination in life insurance
policies based on possession of naloxone.
``Sec. 552. Administrative enforcement.
``Sec. 553. Effect on State laws.
``Sec. 554. Definitions.
``Sec. 555. Regulations.
``Sec. 556. Applicability.''.
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