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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
90_SB0490enr
215 ILCS 5/356b from Ch. 73, par. 968b
Amends the Illinois Insurance Code. Provides that no
company authorized to transact life, health, or disability
income insurance may deny or terminate coverage or charge a
different rate for coverage of an individual because that
individual is or has been the subject of abuse or has sought
treatment for or protection from abuse. Provides that an
insurance company is not prohibited from refusing to issue a
life insurance policy to an individual who is or who has the
significant potential to be the subject of abuse if the
perpetrator of the abuse is the applicant or would be the
owner of the insurance policy. Provides that an insurance
company is not prohibited from inquiring about a physical or
mental condition that is caused by or related to abuse.
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1 AN ACT to amend the Illinois Insurance Code by changing
2 Section 424 and adding 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 424 and adding Section 155.22a as follows:
7 (215 ILCS 5/424) (from Ch. 73, par. 1031)
8 Sec. 424. Unfair methods of competition and unfair or
9 deceptive acts or practices defined. The following are hereby
10 defined as unfair methods of competition and unfair and
11 deceptive acts or practices in the business of insurance:
12 (1) The commission by any person of any one or more of
13 the acts defined or prohibited by Sections 134, 147, 148,
14 149, 151, 155.22, 155.22a, 236, 237, 364 and 469 of this the
15 "Illinois Insurance Code".
16 (2) Entering into any agreement to commit, or by any
17 concerted action committing, any act of boycott, coercion or
18 intimidation resulting in or tending to result in
19 unreasonable restraint of, or monopoly in, the business of
20 insurance.
21 (3) Making or permitting, in the case of insurance of
22 the types enumerated in Classes 2 and 3 of Section 4, any
23 unfair discrimination between individuals or risks of the
24 same class or of essentially the same hazard and expense
25 element because of the race, color, religion or national
26 origin of such insurance risks or applicants.
27 (4) Engaging in any of the acts or practices defined in
28 or prohibited by Sections 154.5 through 154.8 of the this
29 "Illinois Insurance Code".
30 (5) Making or charging any rate for insurance against
31 losses arising from the use or ownership of a motor vehicle
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1 which requires a higher premium of any person by reason of
2 his physical handicap, race, color, religion or national
3 origin.
4 (Source: P.A. 83-333.)
5 (215 ILCS 5/155.22a new)
6 Sec. 155.22a. Coverage for subjects of abuse.
7 (a) No company authorized to transact life, health, or
8 disability income insurance in this State may:
9 (1) Deny, refuse to issue, refuse to renew, refuse
10 to reissue, cancel, or otherwise terminate an insurance
11 policy or restrict coverage on an individual because that
12 individual is or has been the subject of abuse or because
13 that individual seeks or has sought: (i) medical or
14 psychological treatment for abuse; or (ii) protection or
15 shelter from abuse;
16 (2) Charge a different rate for the same coverage
17 for an insurance policy because an individual insured
18 under such policy has a history of or is a subject of
19 abuse;
20 (3) Deny a claim by an insured as a result of his
21 or her status as being or having been a subject of abuse,
22 except as otherwise permitted or required by the laws of
23 this State; or
24 (4) Ask an insured or an applicant for insurance
25 whether that individual is or has been a subject of abuse
26 or whether that individual seeks or has sought: (i)
27 medical or psychological treatment specifically for
28 abuse; or (ii) protection or shelter from abuse.
29 (b) No company authorized to transact life, health, or
30 disability income insurance in this State may fail to
31 maintain strict confidentiality of information, as defined in
32 the Insurance Information and Privacy Protection Article of
33 this Code, relating to an applicant's or insured's abuse
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1 status or to a medical or psychological condition that the
2 company knows is abuse-related. Disclosure of such
3 abuse-related information shall be subject to the disclosure
4 limitations and conditions contained in Section 1014 of this
5 Code.
6 (c) Nothing in this Section shall be construed to
7 prohibit a company specified in subsection (a) from (i)
8 refusing to insure, refusing to continue to insure, limiting
9 the amount, extent, or kind of coverage available to an
10 individual, or charging a different rate for the same
11 coverage on the basis of that individual's physical or mental
12 condition regardless of the underlying cause of such
13 condition; (ii) declining to issue a life insurance policy
14 insuring an individual who is or has been the subject of
15 abuse if the perpetrator of the abuse is the applicant or
16 would be the owner of the insurance policy; or (iii)
17 inquiring about a physical or mental condition, even if that
18 condition was caused by or is related in any manner to abuse.
19 (d) As used in this Section, "abuse" means the
20 occurrence of one or more of the following acts between
21 family members, current or former household members, or
22 current or former intimate partners:
23 (1) Attempting to cause or intentionally,
24 knowingly, or recklessly causing another person,
25 including a minor child, to be harassed or intimidated or
26 subject to bodily injury, physical harm, rape, sexual
27 assault, or involuntary sexual intercourse; or
28 (2) Knowingly engaging in a course of conduct or
29 repeatedly committing acts without proper authority that
30 place the person toward whom such acts are directed,
31 including a minor child, in a reasonable fear of bodily
32 injury or physical harm; or
33 (3) Subjecting another person, including a minor
34 child, to false imprisonment.
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1 (e) No company specified in subsection (a) above shall
2 be held civilly or criminally liable for any cause of action
3 that may be brought because of compliance with this Section.
4 Nothing in this Section, however, shall preclude the
5 jurisdiction of any administrative agency to carry out its
6 statutory authority.