Illinois General Assembly - Full Text of HB0228
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Full Text of HB0228  102nd General Assembly

HB0228 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0228

 

Introduced 1/29/2021, by Rep. Rita Mayfield

 

SYNOPSIS AS INTRODUCED:
 
215 ILCS 5/236  from Ch. 73, par. 848

    Amends the Illinois Insurance Code. Provides that an insurer or producer authorized to issue policies of insurance in the State may not make a distinction or otherwise discriminate between persons, reject an applicant, cancel a policy, or demand or require a higher rate of premium for reasons based solely upon the basis that an applicant or insured has been convicted of a felony.


LRB102 04105 BMS 14122 b

 

 

A BILL FOR

 

HB0228LRB102 04105 BMS 14122 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
5changing Section 236 as follows:
 
6    (215 ILCS 5/236)  (from Ch. 73, par. 848)
7    Sec. 236. Discrimination prohibited.
8    (a) No life company doing business in this State shall
9make or permit any distinction or discrimination in favor of
10individuals among insured persons of the same class and equal
11expectation of life in the issuance of its policies, in the
12amount of payment of premiums or rates charged for policies of
13insurance, in the amount of any dividends or other benefits
14payable thereon, or in any other of the terms and conditions of
15the contracts it makes.
16    (b) No life company shall make or permit any distinction
17or discrimination against individuals with disabilities in the
18amount of payment of premiums or rates charged for policies of
19life insurance, in the amount of any dividends or death
20benefits payable thereon, or in any other terms and conditions
21of the contract it makes unless the rate differential is based
22on sound actuarial principles and a reasonable system of
23classification and is related to actual or reasonably

 

 

HB0228- 2 -LRB102 04105 BMS 14122 b

1anticipated experience directly associated with the
2disability.
3    (c) No life company shall refuse to insure, or refuse to
4continue to insure, or limit the amount or extent or kind of
5coverage available to an individual, or charge an individual a
6different rate for the same coverage solely because of
7blindness or partial blindness. With respect to all other
8conditions, including the underlying cause of the blindness or
9partial blindness, persons who are blind or partially blind
10shall be subject to the same standards of sound actuarial
11principles or actual or reasonably anticipated experience as
12are sighted persons. Refusal to insure includes denial by an
13insurer of disability insurance coverage on the grounds that
14the policy defines "disability" as being presumed in the event
15that the insured loses his or her eyesight. However, an
16insurer may exclude from coverage disabilities consisting
17solely of blindness or partial blindness when such condition
18existed at the time the policy was issued.
19    (d) No life company shall refuse to insure or to continue
20to insure an individual solely because of the individual's
21status as a member of the United States Air Force, Army, Coast
22Guard, Marines, or Navy or solely because of the individual's
23status as a member of the National Guard or Armed Forces
24Reserve.
25    (e) An insurer or producer authorized to issue policies of
26insurance in this State may not make a distinction or

 

 

HB0228- 3 -LRB102 04105 BMS 14122 b

1otherwise discriminate between persons, reject an applicant,
2cancel a policy, or demand or require a higher rate of premium
3for reasons based solely upon an applicant's or insured's past
4lawful travel experiences or future lawful travel plans. This
5subsection (e) does not prohibit an insurer or producer from
6excluding or limiting coverage under a policy or refusing to
7offer the policy based upon past lawful travel or future
8lawful travel plans or from charging a different rate for that
9coverage when that action is based upon sound actuarial
10principles or is related to actual or reasonably expected
11experience and is not based solely on the destination's
12inclusion on the United States Department of State's travel
13warning list.
14    (f) An insurer or producer authorized to issue policies of
15insurance in this State may not make a distinction or
16otherwise discriminate between persons, reject an applicant,
17cancel a policy, or demand or require a higher rate of premium
18for reasons based solely upon the basis that an applicant or
19insured has been convicted of a felony.
20(Source: P.A. 99-143, eff. 7-27-15.)