Section 27-55-1 – Short Title.

Section 27-55-1 Short title. This chapter shall be known as and may be cited as the Domestic Abuse Insurance Protection Act. (Act 2000-595, p. 1185, §1.)

Section 27-55-2 – Definitions.

Section 27-55-2 Definitions. As used in this chapter, these terms shall have the following meanings: (1) ABUSE. The occurrence of one or more of the following acts by a family or household member, as defined by subdivision (3) of subsection (b) of Section 15-10-3: a. Attempting to cause or intentionally, knowingly, or recklessly causing another […]

Section 27-55-3 – Prohibited Practices; Disclosure of Information.

Section 27-55-3 Prohibited practices; disclosure of information. (a) No insurer may: (1) Deny, refuse to issue, renew, or reissue, cancel, or otherwise terminate, restrict, or exclude coverage on an insurance policy or health benefit plan on the basis of an applicant’s or insured’s abuse status, or on the basis of any association, relationship, or assistance […]

Section 27-55-4 – Statement of Reasons for Adverse Action.

Section 27-55-4 Statement of reasons for adverse action. An insurer that takes an action which adversely affects a subject of abuse, or a related individual or entity, based on an abuse-related medical condition, abuse-related claim, abuse status, or association or relationship with a subject of abuse, pursuant to an individual or group insurance policy or […]

Section 27-55-5 – Application.

Section 27-55-5 Application. This chapter shall not be applied or construed to prohibit or limit the application or scope of coverage, limitations, exclusions, and other terms and provisions of insurance contracts so long as such terms and provisions do not apply solely to persons who are in abuse status. (Act 2000-595, p. 1185, §5.)

Section 27-55-6 – Complaint; Investigation; Relief.

Section 27-55-6 Complaint; investigation; relief. (a) A person claiming to be adversely affected by an act or practice prohibited by this chapter may file a complaint with the commissioner for individual relief seeking remedies and penalties authorized by this chapter. (b) The commissioner shall conduct a reasonable investigation based on a written and signed complaint […]

Section 27-55-7 – Enforcement.

Section 27-55-7 Enforcement. The commissioner shall enforce this chapter in the manner authorized for the enforcement of this title. In lieu of any other penalty provided in this title, a violation of this chapter shall be punishable as provided by Section 27-55-6. (Act 2000-595, p. 1185, §7.)

Section 27-55-8 – Construction.

Section 27-55-8 Construction. This chapter does not and shall not be construed as creating a private cause of action and does not and shall not require insurers, including any health benefit plan, to extend coverage to any providers or type of providers for which coverage is not specifically provided within the policy or certificate of […]

Section 27-55-9 – Search of Files.

Section 27-55-9 Search of files. Nothing in this chapter shall require an insurer to conduct a comprehensive search of its contract files existing on August 1, 2000, to determine which applicants or insureds are subjects of abuse. (Act 2000-595, p. 1185, §10.)