State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]


[ 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.
                                                     LRB9003090JSgc
SB490 Enrolled                                 LRB9003090JSgc
 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
SB490 Enrolled              -2-                LRB9003090JSgc
 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
SB490 Enrolled              -3-                LRB9003090JSgc
 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.
SB490 Enrolled              -4-                LRB9003090JSgc
 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.

[ Top ]