State of Illinois
90th General Assembly

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      215 ILCS 5/155.22a
          Amends the Illinois Insurance  Code.  Prohibits  insurers
      from  refusing  to issue a policy of basic property insurance
      or homeowners insurance because an applicant or insured is  a
      subject of abuse.  Effective immediately.
 1        AN  ACT  to amend the Illinois Insurance Code by changing
 2    Section 155.22a.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Illinois  Insurance Code is amended by
 6    changing Section 155.22 as follows:
 7        (215 ILCS 5/155.22a)
 8        Sec. 155.22a. Coverage for subjects of abuse.
 9        (a)  No company authorized to transact life,  health,  or
10    disability   income   insurance  or  provide  basic  property
11    insurance or homeowners insurance in this State may:
12             (1)  Deny, refuse to issue, refuse to renew,  refuse
13        to  reissue,  cancel, or otherwise terminate an insurance
14        policy or restrict coverage on an individual because that
15        individual is or has been the subject of abuse or because
16        that individual seeks  or  has  sought:  (i)  medical  or
17        psychological  treatment for abuse; or (ii) protection or
18        shelter from abuse;
19             (2)  Charge a different rate for the  same  coverage
20        for  an  insurance  policy  because an individual insured
21        under such policy has a history of or  is  a  subject  of
22        abuse;
23             (3)  Deny  a  claim by an insured as a result of his
24        or her status as being or having been a subject of abuse,
25        except as otherwise permitted or required by the laws  of
26        this State; or
27             (4)  Ask  an  insured  or an applicant for insurance
28        whether that individual is or has been a subject of abuse
29        or whether that  individual  seeks  or  has  sought:  (i)
30        medical   or  psychological  treatment  specifically  for
31        abuse; or (ii) protection or shelter from abuse.
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 1        (b)  No company authorized to transact life,  health,  or
 2    disability   income   insurance  or  provide  basic  property
 3    insurance or homeowners insurance in this State may  fail  to
 4    maintain strict confidentiality of information, as defined in
 5    the  Insurance  Information and Privacy Protection Article of
 6    this Code, relating to  an  applicant's  or  insured's  abuse
 7    status  or  to  a medical or psychological condition that the
 8    company  knows  is   abuse-related.    Disclosure   of   such
 9    abuse-related  information shall be subject to the disclosure
10    limitations and conditions contained in Section 1014 of  this
11    Code.
12        (c)  Nothing  in  this  Section  shall  be  construed  to
13    prohibit  a  company  specified  in  subsection  (a) from (i)
14    refusing to insure, refusing to continue to insure,  limiting
15    the  amount,  extent,  or  kind  of  coverage available to an
16    individual,  or  charging  a  different  rate  for  the  same
17    coverage on the basis of that individual's physical or mental
18    condition  regardless  of  the  underlying  cause   of   such
19    condition;  (ii)  declining  to issue a life insurance policy
20    insuring an individual who is or  has  been  the  subject  of
21    abuse  if  the   perpetrator of the abuse is the applicant or
22    would  be  the  owner  of  the  insurance  policy;  or  (iii)
23    inquiring about a physical or mental condition, even if  that
24    condition was caused by or is related in any manner to abuse.
25        (d)  As   used   in   this  Section,  "abuse"  means  the
26    occurrence of one or  more  of  the  following  acts  between
27    family  members,  current  or  former  household  members, or
28    current or former intimate partners:
29             (1)  Attempting   to   cause    or    intentionally,
30        knowingly,   or   recklessly   causing   another  person,
31        including a minor child, to be harassed or intimidated or
32        subject to bodily injury,  physical  harm,  rape,  sexual
33        assault, or involuntary sexual intercourse;  or
34             (2)  Knowingly  engaging  in  a course of conduct or
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 1        repeatedly committing acts without proper authority  that
 2        place  the  person  toward  whom  such acts are directed,
 3        including a minor child, in a reasonable fear  of  bodily
 4        injury or physical harm; or
 5             (3)  Subjecting  another  person,  including a minor
 6        child, to false imprisonment.
 7        (e)  No company specified in subsection (a)  above  shall
 8    be  held civilly or criminally liable for any cause of action
 9    that may be brought because of compliance with this  Section.
10    Nothing   in   this  Section,  however,  shall  preclude  the
11    jurisdiction of any administrative agency to  carry  out  its
12    statutory authority.
13    (Source: P.A. 90-245, eff. 1-1-98.)
14        Section  99.  Effective date.  This Act takes effect upon
15    becoming law.

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