State of Illinois
90th General Assembly
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90_HB2902

      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.
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 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.

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