The purpose of Sections 83-71-1 through 83-71-15 is to prohibit unfair discrimination by health carriers and insurance professionals on the basis of abuse status.Nothing in Sections 83-71-1 through 83-71-15 shall be construed to create or imply a private cause of action for a violation of Sections 83-71-1 through 83-71-15.
Health carriers shall develop and adhere to written policies specifying procedures to be followed by employees and by insurance professionals they contract with for the purpose of protecting the safety and privacy of a subject of abuse and shall otherwise implement the provisions of Sections 83-71-1 through 83-71-15 when taking an application, investigating a claim, […]
The commissioner shall conduct a reasonable investigation based on a written and signed complaint received by the commissioner and shall issue a prompt determination as to whether a violation of Sections 83-71-1 through 83-71-15 may have occurred.If the commissioner finds from the investigation that a violation of Sections 83-71-1 through 83-71-15 may have occurred, the […]
Sections 83-71-1 through 83-71-15 apply to every health benefit plan or plan that is issued, reissued, renewed or continued on or after July 1, 2010, and to every application that is submitted on or after July 1, 2010, for coverage under a health benefit plan or plan.
Sections 83-71-1 through 83-71-15 apply to all health carriers and insurance professionals involved in issuing or renewing in this state a policy or certificate of health insurance.
As used in Sections 83-71-1 through 83-71-15, unless the context clearly indicates otherwise: “Abuse” means the occurrence of one or more of the following acts by a current or former family member, household member, intimate partner or caretaker: Attempting to cause or intentionally, knowingly or recklessly causing another person bodily injury, physical harm, severe emotional […]
It is unfairly discriminatory to: Deny, refuse to issue, renew or reissue, cancel or otherwise terminate a health benefit plan or restrict or exclude health benefit plan coverage or add a premium differential to any health benefit plan on the basis of the applicant’s or insured’s abuse status; or Exclude or limit coverage for losses […]
A health carrier or insurance professional that takes an action that adversely affects an applicant or insured on the basis of a medical condition that the health carrier or insurance professional knows or has reason to know is abuse-related shall explain the reason for its action to the applicant or insured in writing and shall […]