HB0033 102ND GENERAL ASSEMBLY

LRB102 04106 BMS 14123 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0033

Introduced 1/14/2021, by Rep. Joyce Mason

SYNOPSIS AS INTRODUCED:

215 ILCS 5/155.22c new

Amends the Illinois Insurance Code. Provides that a company authorized to transact life insurance in this State may not: (1) cancel, terminate, or refuse to renew an individual's life insurance policy because of that individual's participation in a substance use disorder treatment or recovery support program; (2) charge an individual a different rate for life insurance coverage because of that individual's participation in a substance use disorder treatment or recovery support program; (3) deny a claim by a beneficiary because of an individual's participation in a substance use disorder treatment or recovery support program; or (4) ask an insured whether he or she is participating or has participated in a substance use disorder treatment or recovery support program. Contains provisions regarding confidentiality. Provides that the new provisions do not prohibit a company authorized to transact life insurance in this State from: (1) refusing to insure, refusing to continue to insure, limiting the amount, extent, or kind of coverage available to an individual, or charging a different rate for the same coverage on the basis of that individual's physical or mental condition regardless of the underlying cause of such condition; or (2) inquiring about a physical or mental condition, even if that condition was caused by or is related in any manner to a substance use disorder. Contains provisions regarding liability. Provides that the new provisions do not require a company authorized to transact life insurance to issue a life insurance policy to an applicant. Provides that the new provisions do not apply to a life insurance policy issued to an individual who is abusing drugs, is not seeking any form of treatment, and is not taking part in a substance use disorder treatment or recovery support program.

A BILL FOR

AN ACT concerning regulation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Insurance Code is amended by adding Section 155.22c as follows:

(215 ILCS 5/155.22c new)

Sec. 155.22c. Coverage; substance use disorder treatment.

(a) As used in this Section, "recovery support", "substance use disorder", and "treatment" have the meanings set forth in the Substance Use Disorder Act.

(b) A company authorized to transact life insurance in this State may not:

(1) cancel, terminate, or refuse to renew an individual's life insurance policy because of that individual's participation in a substance use disorder treatment or recovery support program;

(2) charge an individual a different rate for life insurance coverage because of that individual's participation in a substance use disorder treatment or recovery support program;

(3) deny a claim by a beneficiary because of an individual's participation in a substance use disorder treatment or recovery support program; or

(4) ask an insured whether he or she is participating or has participated in a substance use disorder treatment or recovery support program.

(c) No company authorized to transact life insurance in this State may fail to maintain strict confidentiality of information, as defined in Article XL of this Code, relating to an applicant's or insured's substance use disorder or to a medical or psychological condition that the company knows is substance use disorder-related. Disclosure of such substance use disorder-related information is subject to the disclosure limitations and conditions contained in Section 1014 of this Code.

(d) Nothing in this Section shall be construed to prohibit a company authorized to transact life insurance in this State from: (1) refusing to insure, refusing to continue to insure, limiting the amount, extent, or kind of coverage available to an individual, or charging a different rate for the same coverage on the basis of that individual's physical or mental condition regardless of the underlying cause of such condition; or (2) inquiring about a physical or mental condition, even if that condition was caused by or is related in any manner to a substance use disorder.

(e) No company authorized to transact life insurance in this State shall be held civilly or criminally liable in any action that may be brought because of compliance with this Section. Nothing in this Section, however, precludes the jurisdiction of any administrative agency to carry out its statutory authority.

(f) This Section does not require a company authorized to transact life insurance in this State to issue a life insurance policy to an applicant.

(g) This Section does not apply to a life insurance policy issued to an individual who is abusing drugs, is not seeking any form of treatment, and is not taking part in a substance use disorder treatment or recovery support program.