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90_SB1532
215 ILCS 5/155.22a
Amends the Illinois Insurance Code. Prohibits an insurer
from designating the status of being or having been a subject
of abuse as a preexisting condition. Effective immediately.
LRB9009993JSmg
LRB9009993JSmg
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 155.22a 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 in this State may:
11 (1) Deny, refuse to issue, refuse to renew, refuse
12 to reissue, cancel, or otherwise terminate an insurance
13 policy or restrict coverage on an individual because that
14 individual is or has been the subject of abuse or because
15 that individual seeks or has sought: (i) medical or
16 psychological treatment for abuse; or (ii) protection or
17 shelter from abuse;
18 (2) Charge a different rate for the same coverage
19 for an insurance policy because an individual insured
20 under such policy has a history of or is a subject of
21 abuse;
22 (3) Deny a claim by an insured as a result of his
23 or her status as being or having been a subject of abuse,
24 except as otherwise permitted or required by the laws of
25 this State; or
26 (4) Ask an insured or an applicant for insurance
27 whether that individual is or has been a subject of abuse
28 or whether that individual seeks or has sought: (i)
29 medical or psychological treatment specifically for
30 abuse; or (ii) protection or shelter from abuse; or.
31 (5) Designate the status of being or having been a
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1 subject of abuse as a preexisting condition for which
2 coverage will be denied or reduced.
3 (b) No company authorized to transact life, health, or
4 disability income insurance in this State may fail to
5 maintain strict confidentiality of information, as defined in
6 the Insurance Information and Privacy Protection Article of
7 this Code, relating to an applicant's or insured's abuse
8 status or to a medical or psychological condition that the
9 company knows is abuse-related. Disclosure of such
10 abuse-related information shall be subject to the disclosure
11 limitations and conditions contained in Section 1014 of this
12 Code.
13 (c) Nothing in this Section shall be construed to
14 prohibit a company specified in subsection (a) from (i)
15 refusing to insure, refusing to continue to insure, limiting
16 the amount, extent, or kind of coverage available to an
17 individual, or charging a different rate for the same
18 coverage on the basis of that individual's physical or mental
19 condition regardless of the underlying cause of such
20 condition if such action is otherwise permissible by law and
21 is taken in the same manner and to the same extent with
22 respect to all insureds and prospective insureds without
23 regard to whether the insured is or has been the subject of
24 abuse; (ii) declining to issue a life insurance policy
25 insuring an individual who is or has been the subject of
26 abuse if the perpetrator of the abuse is the applicant or
27 would be the owner of the insurance policy; or (iii)
28 inquiring about a physical or mental condition, even if that
29 condition was caused by or is related in any manner to abuse.
30 (d) As used in this Section, "abuse" means the
31 occurrence of one or more of the following acts between
32 family members, current or former household members, or
33 current or former intimate partners:
34 (1) Attempting to cause or intentionally,
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1 knowingly, or recklessly causing another person,
2 including a minor child, to be harassed or intimidated or
3 subject to bodily injury, physical harm, rape, sexual
4 assault, or involuntary sexual intercourse; or
5 (2) Knowingly engaging in a course of conduct or
6 repeatedly committing acts without proper authority that
7 place the person toward whom such acts are directed,
8 including a minor child, in a reasonable fear of bodily
9 injury or physical harm; or
10 (3) Subjecting another person, including a minor
11 child, to false imprisonment.
12 (e) No company specified in subsection (a) above shall
13 be held civilly or criminally liable for any cause of action
14 that may be brought because of compliance with this Section.
15 Nothing in this Section, however, shall preclude the
16 jurisdiction of any administrative agency to carry out its
17 statutory authority.
18 (Source: P.A. 90-245, eff. 1-1-98.)
19 Section 99. Effective date. This Act takes effect upon
20 becoming law.