Rep. Rita Mayfield
Filed: 3/1/2023
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1 | AMENDMENT TO HOUSE BILL 1068
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2 | AMENDMENT NO. ______. Amend House Bill 1068 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Insurance Code is amended by | ||||||
5 | changing Section 236 as follows:
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6 | (215 ILCS 5/236) (from Ch. 73, par. 848)
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7 | Sec. 236. Discrimination prohibited.
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8 | (a) No life company doing business in this State shall | ||||||
9 | make or permit any
distinction or discrimination in favor of | ||||||
10 | individuals among insured
persons of the same class and equal | ||||||
11 | expectation of life in the issuance
of its policies, in the | ||||||
12 | amount of
payment of premiums or rates charged for policies of | ||||||
13 | insurance, in the
amount of any dividends or other benefits | ||||||
14 | payable thereon, or in any
other of the terms and conditions of | ||||||
15 | the contracts it makes.
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16 | (b) No life company shall make or permit any distinction |
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1 | or discrimination
against individuals
with disabilities in
the | ||||||
2 | amount of payment
of premiums or rates charged for policies of | ||||||
3 | life insurance, in the amount
of any dividends or death | ||||||
4 | benefits payable thereon, or in any other terms
and conditions | ||||||
5 | of the contract it makes unless the rate differential is
based | ||||||
6 | on sound actuarial principles and a reasonable system of | ||||||
7 | classification
and is related to actual or reasonably | ||||||
8 | anticipated experience directly
associated with the | ||||||
9 | disability.
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10 | (c) No life company shall refuse to insure, or refuse to | ||||||
11 | continue to insure,
or limit the amount or extent or kind of | ||||||
12 | coverage available to an
individual, or charge an individual a | ||||||
13 | different rate for the same coverage
solely because of | ||||||
14 | blindness or partial blindness. With respect to all
other | ||||||
15 | conditions, including the underlying cause of the blindness or
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16 | partial blindness, persons who are blind or partially blind | ||||||
17 | shall be
subject to the same standards of sound actuarial | ||||||
18 | principles or actual or
reasonably anticipated experience as | ||||||
19 | are sighted persons. Refusal to
insure includes denial by an | ||||||
20 | insurer of disability insurance coverage on
the grounds that | ||||||
21 | the policy defines "disability" as being presumed in the
event | ||||||
22 | that the insured loses his or her eyesight. However, an | ||||||
23 | insurer may
exclude from coverage disabilities consisting | ||||||
24 | solely of blindness or
partial blindness when such condition | ||||||
25 | existed at the time the policy was issued.
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26 | (d) No life company shall refuse to insure or to continue |
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1 | to insure an
individual solely because of the individual's | ||||||
2 | status as a member of the
United States Air Force, Army, Coast | ||||||
3 | Guard, Marines, or Navy or solely because
of the individual's | ||||||
4 | status as a member
of the National Guard or Armed Forces | ||||||
5 | Reserve.
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6 | (e) An insurer or producer authorized to issue policies of | ||||||
7 | insurance in this State may not make a distinction or | ||||||
8 | otherwise discriminate between persons, reject an applicant, | ||||||
9 | cancel a policy, or demand or require a higher rate of premium | ||||||
10 | for reasons based solely upon an applicant's or insured's past | ||||||
11 | lawful travel experiences or future lawful travel plans. This | ||||||
12 | subsection (e) does not prohibit an insurer or producer from | ||||||
13 | excluding or limiting coverage under a policy or refusing to | ||||||
14 | offer the policy based upon past lawful travel or future | ||||||
15 | lawful travel plans or from charging a different rate for that | ||||||
16 | coverage when that action is based upon sound actuarial | ||||||
17 | principles or is related to actual or reasonably expected | ||||||
18 | experience and is not based solely on the destination's | ||||||
19 | inclusion on the United States Department of State's travel | ||||||
20 | warning list. | ||||||
21 | (f) With respect to life insurance final expense policies, | ||||||
22 | no life company authorized to issue these policies in this | ||||||
23 | State shall refuse to insure, refuse to continue to insure, | ||||||
24 | limit the amount, extent, or kind of coverage available to, or | ||||||
25 | charge an individual a different rate for the same coverage | ||||||
26 | solely on the basis that an insured or applicant has been |
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1 | convicted of a felony. Nothing in this subsection shall be | ||||||
2 | construed to require a life company to issue or otherwise | ||||||
3 | provide coverage for a life insurance policy to a person who is | ||||||
4 | actively incarcerated pursuant to a felony conviction. As used | ||||||
5 | in this subsection, "final expense policy" means a policy | ||||||
6 | marketed and sold exclusively to cover costs associated with | ||||||
7 | funeral and burial expenses. | ||||||
8 | (Source: P.A. 99-143, eff. 7-27-15.)".
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