§432D-27 Policies relating to domestic abuse cases.

294 words·~1 min read·/hi/432d-27

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)No health maintenance organization shall deny or refuse to accept an application for insurance, refuse to insure, refuse to renew, cancel, restrict, or otherwise terminate a policy of insurance, or charge a different rate for the same coverage, on the basis that the applicant or enrollee is, has been, or may be a victim of domestic abuse.

(b)Nothing in this section shall prevent a health maintenance organization from taking any of the actions set forth in subsection

(a)on the basis of loss history or medical condition, or for any other reason not otherwise prohibited by this section or any other law, regulation, or rule.

(c)Any form filed or filed after July 15, 1998 or subject to a rule adopted under chapter 91 may exclude coverage for losses caused by intentional or fraudulent acts of any enrollee.

(d)Nothing in this section prohibits a health maintenance organization from investigating a claim and complying with chapter 432D.

(e)As used in this section, "domestic abuse" means:

(1)Physical harm, bodily injury, assault, or the infliction of fear of imminent physical harm, bodily injury, or assault between family or household members;

(2)Sexual assault of one family or household member by another;

(3)Stalking of one family or household member by another family or household member;

(4)Intentionally, knowingly, or recklessly causing damage to property so as to intimidate or attempt to control the behavior of another household member; or

(5)Coercive control, as defined in section 586-1, between family or household members. [L 1998, c 171, §5; am L 2004, c 122, §92; am L 2020, c 20, §4]

Revision Note

"July 15, 1998" substituted for "the effective date of this section" pursuant to §23G-15.