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91_HB2326eng HB2326 Engrossed LRB9104622JSpc 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 or provide basic property 11 insurance or homeowners insurance in this State may: 12 (1) Deny, refuse to issue, refuse to renew, refuse 13 to reissue, cancel, or otherwise terminate an insurance 14 policy or restrict coverage on an individual because that 15 individual is or has been the subject of abuse or because 16 that individual seeks or has sought: (i) medical or 17 psychological treatment for abuse; or (ii) protection or 18 shelter from abuse; 19 (2) Charge a different rate for the same coverage 20 for an insurance policy because an individual insured 21 under such policy has a history of or is a subject of 22 abuse; 23 (3) Deny a claim by an insured as a result of his 24 or her status as being or having been a subject of abuse, 25 except as otherwise permitted or required by the laws of 26 this State; or 27 (4) Ask an insured or an applicant for insurance 28 whether that individual is or has been a subject of abuse 29 or whether that individual seeks or has sought: (i) 30 medical or psychological treatment specifically for 31 abuse; or (ii) protection or shelter from abuse. HB2326 Engrossed -2- LRB9104622JSpc 1 (b) No company authorized to transact life, health, or 2 disability income insurance or provide basic property 3 insurance or homeowners insurance in this State may fail to 4 maintain strict confidentiality of information, as defined in 5 the Insurance Information and Privacy Protection Article of 6 this Code, relating to an applicant's or insured's abuse 7 status or to a medical or psychological condition that the 8 company knows is abuse-related. Disclosure of such 9 abuse-related information shall be subject to the disclosure 10 limitations and conditions contained in Section 1014 of this 11 Code. 12 (c) Nothing in this Section shall be construed to 13 prohibit a company specified in subsection (a) from (i) 14 refusing to insure, refusing to continue to insure, limiting 15 the amount, extent, or kind of coverage available to an 16 individual, or charging a different rate for the same 17 coverage on the basis of that individual's physical or mental 18 condition regardless of the underlying cause of such 19 condition; (ii) declining to issue a life insurance policy 20 insuring an individual who is or has been the subject of 21 abuse if the perpetrator of the abuse is the applicant or 22 would be the owner of the insurance policy; or (iii) 23 inquiring about a physical or mental condition, even if that 24 condition was caused by or is related in any manner to abuse. 25 (d) As used in this Section, "abuse" means the 26 occurrence of one or more of the following acts between 27 family members, current or former household members, or 28 current or former intimate partners: 29 (1) Attempting to cause or intentionally, 30 knowingly, or recklessly causing another person, 31 including a minor child, to be harassed or intimidated or 32 subject to bodily injury, physical harm, rape, sexual 33 assault, or involuntary sexual intercourse; or 34 (2) Knowingly engaging in a course of conduct or HB2326 Engrossed -3- LRB9104622JSpc 1 repeatedly committing acts without proper authority that 2 place the person toward whom such acts are directed, 3 including a minor child, in a reasonable fear of bodily 4 injury or physical harm; or 5 (3) Subjecting another person, including a minor 6 child, to false imprisonment. 7 (e) No company specified in subsection (a) above shall 8 be held civilly or criminally liable for any cause of action 9 that may be brought because of compliance with this Section. 10 Nothing in this Section, however, shall preclude the 11 jurisdiction of any administrative agency to carry out its 12 statutory authority. 13 (Source: P.A. 90-245, eff. 1-1-98.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.