101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5265

 

Introduced , by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
215 ILCS 5/155.22c new

    Amends the Illinois Insurance Code. Provides that a company authorized to transact life insurance in this State may not: (1) cancel, terminate, or refuse to renew an individual's life insurance policy because of that individual's participation in a substance use disorder treatment or recovery support program; (2) charge an individual a different rate for life insurance coverage because of that individual's participation in a substance use disorder treatment or recovery support program; (3) deny a claim by a beneficiary because of an individual's participation in a substance use disorder treatment or recovery support program; or (4) ask an insured whether he or she is participating or has participated in a substance use disorder treatment or recovery support program. Contains provisions regarding confidentiality. Provides that the new provisions do not prohibit a company authorized to transact life insurance in this State from: (1) refusing to insure, refusing to continue to insure, limiting the amount, extent, or kind of coverage available to an individual, or charging a different rate for the same coverage on the basis of that individual's physical or mental condition regardless of the underlying cause of such condition; or (2) inquiring about a physical or mental condition, even if that condition was caused by or is related in any manner to a substance use disorder. Contains provisions regarding liability. Provides that the new provisions do not require a company authorized to transact life insurance to issue a life insurance policy to an applicant. Provides that the new provisions do not apply to a life insurance policy issued to an individual who is abusing drugs, is not seeking any form of treatment, and is not taking part in a substance use disorder treatment or recovery support program.


LRB101 16834 BMS 66233 b

 

 

A BILL FOR

 

HB5265LRB101 16834 BMS 66233 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Insurance Code is amended by adding
5Section 155.22c as follows:
 
6    (215 ILCS 5/155.22c new)
7    Sec. 155.22c. Coverage; substance use disorder treatment.
8    (a) As used in this Section, "recovery support", "substance
9use disorder", and "treatment" have the meanings set forth in
10the Substance Use Disorder Act.
11    (b) A company authorized to transact life insurance in this
12State may not:
13        (1) cancel, terminate, or refuse to renew an
14    individual's life insurance policy because of that
15    individual's participation in a substance use disorder
16    treatment or recovery support program;
17        (2) charge an individual a different rate for life
18    insurance coverage because of that individual's
19    participation in a substance use disorder treatment or
20    recovery support program;
21        (3) deny a claim by a beneficiary because of an
22    individual's participation in a substance use disorder
23    treatment or recovery support program; or

 

 

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1        (4) ask an insured whether he or she is participating
2    or has participated in a substance use disorder treatment
3    or recovery support program.
4    (c) No company authorized to transact life insurance in
5this State may fail to maintain strict confidentiality of
6information, as defined in Article XL of this Code, relating to
7an applicant's or insured's substance use disorder or to a
8medical or psychological condition that the company knows is
9substance use disorder-related. Disclosure of such substance
10use disorder-related information is subject to the disclosure
11limitations and conditions contained in Section 1014 of this
12Code.
13    (d) Nothing in this Section shall be construed to prohibit
14a company authorized to transact life insurance in this State
15from: (1) refusing to insure, refusing to continue to insure,
16limiting the amount, extent, or kind of coverage available to
17an individual, or charging a different rate for the same
18coverage on the basis of that individual's physical or mental
19condition regardless of the underlying cause of such condition;
20or (2) inquiring about a physical or mental condition, even if
21that condition was caused by or is related in any manner to a
22substance use disorder.
23    (e) No company authorized to transact life insurance in
24this State shall be held civilly or criminally liable in any
25action that may be brought because of compliance with this
26Section. Nothing in this Section, however, precludes the

 

 

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1jurisdiction of any administrative agency to carry out its
2statutory authority.
3    (f) This Section does not require a company authorized to
4transact life insurance in this State to issue a life insurance
5policy to an applicant.
6    (g) This Section does not apply to a life insurance policy
7issued to an individual who is abusing drugs, is not seeking
8any form of treatment, and is not taking part in a substance
9use disorder treatment or recovery support program.