Connecticut 2020 2020 Regular Session

Connecticut House Bill HB05255 Introduced / Bill

Filed 02/19/2020

                        
 
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General Assembly  Raised Bill No. 5255  
February Session, 2020  
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Referred to Committee on INSURANCE AND REAL ESTATE  
 
 
Introduced by:  
(INS)  
 
 
 
 
AN ACT CONCERNING LI VING ORGAN DONOR INS URANCE 
DISCRIMINATION. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 38a-1 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective January 1, 2021): 2 
Terms used in this title and section 2 of this act, unless it appears from 3 
the context to the contrary, shall have a scope and meaning as set forth 4 
in this section. 5 
(1) "Affiliate" or "affiliated" means a person that directly, or indirectly 6 
through one or more intermediaries, controls, is controlled by or is 7 
under common control with another person. 8 
(2) "Alien insurer" means any insurer that has been chartered by or 9 
organized or constituted within or under the laws of any jurisdiction or 10 
country without the United States. 11 
(3) "Annuities" means all agreements to make periodical payments 12 
where the making or continuance of all or some of the series of the 13  Raised Bill No.  5255 
 
 
 
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payments, or the amount of the payment, is dependent upon the 14 
continuance of human life or is for a specified term of years. This 15 
definition does not apply to payments made under a policy of life 16 
insurance. 17 
(4) "Commissioner" means the Insurance Commissioner. 18 
(5) "Control", "controlled by" or "under common control with" means 19 
the possession, direct or indirect, of the power to direct or cause the 20 
direction of the management and policies of a person, whether through 21 
the ownership of voting securities, by contract other than a commercial 22 
contract for goods or nonmanagement services, or otherwise, unless the 23 
power is the result of an official position with the person. 24 
(6) "Domestic insurer" means any insurer that has been chartered by, 25 
incorporated, organized or constituted within or under the laws of this 26 
state. 27 
(7) "Domestic surplus lines insurer" means any domestic insurer that 28 
has been authorized by the commissioner to write surplus lines 29 
insurance. 30 
(8) "Foreign country" means any jurisdiction not in any state, district 31 
or territory of the United States. 32 
(9) "Foreign insurer" means any insurer that has been chartered by or 33 
organized or constituted within or under the laws of another state or a 34 
territory of the United States. 35 
(10) "Insolvency" or "insolvent" means, for any insurer, that it is 36 
unable to pay its obligations when they are due, or when its admitted 37 
assets do not exceed its liabilities plus the greater of: (A) Capital and 38 
surplus required by law for its organization and continued operation; 39 
or (B) the total par or stated value of its authorized and issued capital 40 
stock. For purposes of this subdivision "liabilities" shall include but not 41 
be limited to reserves required by statute or by regulations adopted by 42 
the commissioner in accordance with the provisions of chapter 54 or 43  Raised Bill No.  5255 
 
 
 
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specific requirements imposed by the commissioner upon a subject 44 
company at the time of admission or subsequent thereto. 45 
(11) "Insurance" means any agreement to pay a sum of money, 46 
provide services or any other thing of value on the happening of a 47 
particular event or contingency or to provide indemnity for loss in 48 
respect to a specified subject by specified perils in return for a 49 
consideration. In any contract of insurance, an insured shall have an 50 
interest which is subject to a risk of loss through destruction or 51 
impairment of that interest, which risk is assumed by the insurer and 52 
such assumption shall be part of a general scheme to distribute losses 53 
among a large group of persons bearing similar risks in return for a 54 
ratable contribution or other consideration. 55 
(12) "Insurer" or "insurance company" includes any person or 56 
combination of persons doing any kind or form of insurance business 57 
other than a fraternal benefit society, and shall include a receiver of any 58 
insurer when the context reasonably permits. 59 
(13) "Insured" means a person to whom or for whose benefit an 60 
insurer makes a promise in an insurance policy. The term includes 61 
policyholders, subscribers, members and beneficiaries. This definition 62 
applies only to the provisions of this title and does not define the 63 
meaning of this word as used in insurance policies or certificates. 64 
(14) "Life insurance" means insurance on human lives and insurances 65 
pertaining to or connected with human life. The business of life 66 
insurance includes granting endowment benefits, granting additional 67 
benefits in the event of death by accident or accidental means, granting 68 
additional benefits in the event of the total and permanent disability of 69 
the insured, and providing optional methods of settlement of proceeds. 70 
Life insurance includes burial contracts to the extent provided by 71 
section 38a-464. 72 
(15) "Mutual insurer" means any insurer without capital stock, the 73 
managing directors or officers of which are elected by its members. 74  Raised Bill No.  5255 
 
 
 
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(16) "Person" means an individual, a corporation, a partnership, a 75 
limited liability company, an association, a joint stock company, a 76 
business trust, an unincorporated organization or other legal entity. 77 
(17) "Policy" means any document, including attached endorsements 78 
and riders, purporting to be an enforceable contract, which 79 
memorializes in writing some or all of the terms of an insurance 80 
contract. 81 
(18) "State" means any state, district, or territory of the United States. 82 
(19) "Subsidiary" of a specified person means an affiliate controlled 83 
by the person directly, or indirectly through one or more intermediaries. 84 
(20) "Unauthorized insurer" or "nonadmitted insurer" means an 85 
insurer that has not been granted a certificate of authority by the 86 
commissioner to transact the business of insurance in this state or an 87 
insurer transacting business not authorized by a valid certificate. 88 
(21) "United States" means the United States of America, its territories 89 
and possessions, the Commonwealth of Puerto Rico and the District of 90 
Columbia.  91 
Sec. 2. (NEW) (Effective January 1, 2021) (a) No insurer delivering, 92 
issuing for delivery, renewing, amending or continuing a life insurance 93 
policy, long-term care insurance policy or a policy providing disability 94 
income protection coverage in this state on or after January 1, 2021, shall 95 
make any distinction or discriminate against an individual in delivering, 96 
issuing for delivery, renewing, amending, continuing, offering, 97 
withholding or cancelling such policy, or in the terms of such policy, 98 
solely because such individual is a living organ donor. 99 
(b) Any violation of this section shall be deemed an unfair method of 100 
competition and unfair and deceptive act or practice in the business of 101 
insurance under section 38a-816 of the general statutes, as amended by 102 
this act. 103 
Sec. 3. Section 38a-816 of the 2020 supplement to the general statutes 104  Raised Bill No.  5255 
 
 
 
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is repealed and the following is substituted in lieu thereof (Effective 105 
January 1, 2021): 106 
The following are defined as unfair methods of competition and 107 
unfair and deceptive acts or practices in the business of insurance: 108 
(1) Misrepresentations and false advertising of insurance policies. 109 
Making, issuing or circulating, or causing to be made, issued or 110 
circulated, any estimate, illustration, circular or statement, sales 111 
presentation, omission or comparison which: (A) Misrepresents the 112 
benefits, advantages, conditions or terms of any insurance policy; (B) 113 
misrepresents the dividends or share of the surplus to be received, on 114 
any insurance policy; (C) makes any false or misleading statements as 115 
to the dividends or share of surplus previously paid on any insurance 116 
policy; (D) is misleading or is a misrepresentation as to the financial 117 
condition of any person, or as to the legal reserve system upon which 118 
any life insurer operates; (E) uses any name or title of any insurance 119 
policy or class of insurance policies misrepresenting the true nature 120 
thereof; (F) is a misrepresentation, including, but not limited to, an 121 
intentional misquote of a premium rate, for the purpose of inducing or 122 
tending to induce to the purchase, lapse, forfeiture, exchange, 123 
conversion or surrender of any insurance policy; (G) is a 124 
misrepresentation for the purpose of effecting a pledge or assignment of 125 
or effecting a loan against any insurance policy; or (H) misrepresents 126 
any insurance policy as being shares of stock. 127 
(2) False information and advertising generally. Making, publishing, 128 
disseminating, circulating or placing before the public, or causing, 129 
directly or indirectly, to be made, published, disseminated, circulated or 130 
placed before the public, in a newspaper, magazine or other publication, 131 
or in the form of a notice, circular, pamphlet, letter or poster, or over any 132 
radio or television station, or in any other way, an advertisement, 133 
announcement or statement containing any assertion, representation or 134 
statement with respect to the business of insurance or with respect to 135 
any person in the conduct of his insurance business, which is untrue, 136 
deceptive or misleading. 137  Raised Bill No.  5255 
 
 
 
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(3) Defamation. Making, publishing, disseminating or circulating, 138 
directly or indirectly, or aiding, abetting or encouraging the making, 139 
publishing, disseminating or circulating of, any oral or written 140 
statement or any pamphlet, circular, article or literature which is false 141 
or maliciously critical of or derogatory to the financial condition of an 142 
insurer, and which is calculated to injure any person engaged in the 143 
business of insurance. 144 
(4) Boycott, coercion and intimidation. Entering into any agreement 145 
to commit, or by any concerted action committing, any act of boycott, 146 
coercion or intimidation resulting in or tending to result in unreasonable 147 
restraint of, or monopoly in, the business of insurance. 148 
(5) False financial statements. Filing with any supervisory or other 149 
public official, or making, publishing, disseminating, circulating or 150 
delivering to any person, or placing before the public, or causing, 151 
directly or indirectly, to be made, published, disseminated, circulated or 152 
delivered to any person, or placed before the public, any false statement 153 
of financial condition of an insurer with intent to deceive; or making any 154 
false entry in any book, report or statement of any insurer with intent to 155 
deceive any agent or examiner lawfully appointed to examine into its 156 
condition or into any of its affairs, or any public official to whom such 157 
insurer is required by law to report, or who has authority by law to 158 
examine into its condition or into any of its affairs, or, with like intent, 159 
wilfully omitting to make a true entry of any material fact pertaining to 160 
the business of such insurer in any book, report or statement of such 161 
insurer. 162 
(6) Unfair claim settlement practices. Committing or performing with 163 
such frequency as to indicate a general business practice any of the 164 
following: (A) Misrepresenting pertinent facts or insurance policy 165 
provisions relating to coverages at issue; (B) failing to acknowledge and 166 
act with reasonable promptness upon communications with respect to 167 
claims arising under insurance policies; (C) failing to adopt and 168 
implement reasonable standards for the prompt investigation of claims 169 
arising under insurance policies; (D) refusing to pay claims without 170  Raised Bill No.  5255 
 
 
 
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conducting a reasonable investigation based upon all available 171 
information; (E) failing to affirm or deny coverage of claims within a 172 
reasonable time after proof of loss statements have been completed; (F) 173 
not attempting in good faith to effectuate prompt, fair and equitable 174 
settlements of claims in which liability has become reasonably clear; (G) 175 
compelling insureds to institute litigation to recover amounts due under 176 
an insurance policy by offering substantially less than the amounts 177 
ultimately recovered in actions brought by such insureds; (H) 178 
attempting to settle a claim for less than the amount to which a 179 
reasonable man would have believed he was entitled by reference to 180 
written or printed advertising material accompanying or made part of 181 
an application; (I) attempting to settle claims on the basis of an 182 
application which was altered without notice to, or knowledge or 183 
consent of the insured; (J) making claims payments to insureds or 184 
beneficiaries not accompanied by statements setting forth the coverage 185 
under which the payments are being made; (K) making known to 186 
insureds or claimants a policy of appealing from arbitration awards in 187 
favor of insureds or claimants for the purpose of compelling them to 188 
accept settlements or compromises less than the amount awarded in 189 
arbitration; (L) delaying the investigation or payment of claims by 190 
requiring an insured, claimant, or the physician of either to submit a 191 
preliminary claim report and then requiring the subsequent submission 192 
of formal proof of loss forms, both of which submissions contain 193 
substantially the same information; (M) failing to promptly settle claims, 194 
where liability has become reasonably clear, under one portion of the 195 
insurance policy coverage in order to influence settlements under other 196 
portions of the insurance policy coverage; (N) failing to promptly 197 
provide a reasonable explanation of the basis in the insurance policy in 198 
relation to the facts or applicable law for denial of a claim or for the offer 199 
of a compromise settlement; (O) using as a basis for cash settlement with 200 
a first party automobile insurance claimant an amount which is less than 201 
the amount which the insurer would pay if repairs were made unless 202 
such amount is agreed to by the insured or provided for by the 203 
insurance policy. 204  Raised Bill No.  5255 
 
 
 
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(7) Failure to maintain complaint handling procedures. Failure of any 205 
person to maintain complete record of all the complaints which it has 206 
received since the date of its last examination. This record shall indicate 207 
the total number of complaints, their classification by line of insurance, 208 
the nature of each complaint, the disposition of these complaints, and 209 
the time it took to process each complaint. For purposes of this 210 
subsection "complaint" means any written communication primarily 211 
expressing a grievance. 212 
(8) Misrepresentation in insurance applications. Making false or 213 
fraudulent statements or representations on or relative to an application 214 
for an insurance policy for the purpose of obtaining a fee, commission, 215 
money or other benefit from any insurer, producer or individual. 216 
(9) Any violation of any one of sections 38a-358, 38a-446, 38a-447, 38a-217 
488, 38a-825, 38a-826, 38a-828 and 38a-829. None of the following 218 
practices shall be considered discrimination within the meaning of 219 
section 38a-446 or 38a-488 or a rebate within the meaning of section 38a-220 
825: (A) Paying bonuses to policyholders or otherwise abating their 221 
premiums in whole or in part out of surplus accumulated from 222 
nonparticipating insurance, provided any such bonuses or abatement of 223 
premiums shall be fair and equitable to policyholders and for the best 224 
interests of the company and its policyholders; (B) in the case of policies 225 
issued on the industrial debit plan, making allowance to policyholders 226 
who have continuously for a specified period made premium payments 227 
directly to an office of the insurer in an amount which fairly represents 228 
the saving in collection expense; (C) readjustment of the rate of premium 229 
for a group insurance policy based on loss or expense experience, or 230 
both, at the end of the first or any subsequent policy year, which may be 231 
made retroactive for such policy year. 232 
(10) Notwithstanding any provision of any policy of insurance, 233 
certificate or service contract, whenever such insurance policy or 234 
certificate or service contract provides for reimbursement for any 235 
services which may be legally performed by any practitioner of the 236 
healing arts licensed to practice in this state, reimbursement under such 237  Raised Bill No.  5255 
 
 
 
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insurance policy, certificate or service contract shall not be denied 238 
because of race, color or creed nor shall any insurer make or permit any 239 
unfair discrimination against particular individuals or persons so 240 
licensed. 241 
(11) Favored agent or insurer: Coercion of debtors. (A) No person 242 
may (i) require, as a condition precedent to the lending of money or 243 
extension of credit, or any renewal thereof, that the person to whom 244 
such money or credit is extended or whose obligation the creditor is to 245 
acquire or finance, negotiate any policy or contract of insurance through 246 
a particular insurer or group of insurers or producer or group of 247 
producers; (ii) unreasonably disapprove the insurance policy provided 248 
by a borrower for the protection of the property securing the credit or 249 
lien; (iii) require directly or indirectly that any borrower, mortgagor, 250 
purchaser, insurer or producer pay a separate charge, in connection 251 
with the handling of any insurance policy required as security for a loan 252 
on real estate or pay a separate charge to substitute the insurance policy 253 
of one insurer for that of another; or (iv) use or disclose information 254 
resulting from a requirement that a borrower, mortgagor or purchaser 255 
furnish insurance of any kind on real property being conveyed or used 256 
as collateral security to a loan, when such information is to the 257 
advantage of the mortgagee, vendor or lender, or is to the detriment of 258 
the borrower, mortgagor, purchaser, insurer or the producer complying 259 
with such a requirement. 260 
(B) (i) Subparagraph (A)(iii) of this subdivision shall not include the 261 
interest which may be charged on premium loans or premium 262 
advancements in accordance with the security instrument. (ii) For 263 
purposes of subparagraph (A)(ii) of this subdivision, such disapproval 264 
shall be deemed unreasonable if it is not based solely on reasonable 265 
standards uniformly applied, relating to the extent of coverage required 266 
and the financial soundness and the services of an insurer. Such 267 
standards shall not discriminate against any particular type of insurer, 268 
nor shall such standards call for the disapproval of an insurance policy 269 
because such policy contains coverage in addition to that required. (iii) 270 
The commissioner may investigate the affairs of any person to whom 271  Raised Bill No.  5255 
 
 
 
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this subdivision applies to determine whether such person has violated 272 
this subdivision. If a violation of this subdivision is found, the person in 273 
violation shall be subject to the same procedures and penalties as are 274 
applicable to other provisions of section 38a-815, subsections (b) and (e) 275 
of section 38a-817 and this section. (iv) For purposes of this section, 276 
"person" includes any individual, corporation, limited liability 277 
company, association, partnership or other legal entity. 278 
(12) Refusing to insure, refusing to continue to insure or limiting the 279 
amount, extent or kind of coverage available to an individual or 280 
charging an individual a different rate for the same coverage because of 281 
physical disability, mental or nervous condition as set forth in section 282 
38a-488a or intellectual disability, except where the refusal, limitation or 283 
rate differential is based on sound actuarial principles or is related to 284 
actual or reasonably anticipated experience. 285 
(13) Refusing to insure, refusing to continue to insure or limiting the 286 
amount, extent or kind of coverage available to an individual or 287 
charging an individual a different rate for the same coverage solely 288 
because of blindness or partial blindness. For purposes of this 289 
subdivision, "refusal to insure" includes the denial by an insurer of 290 
disability insurance coverage on the grounds that the policy defines 291 
"disability" as being presumed in the event that the insured is blind or 292 
partially blind, except that an insurer may exclude from coverage any 293 
disability, consisting solely of blindness or partial blindness, when such 294 
condition existed at the time the policy was issued. Any individual who 295 
is blind or partially blind shall be subject to the same standards of sound 296 
actuarial principles or actual or reasonably anticipated experience as are 297 
sighted persons with respect to all other conditions, including the 298 
underlying cause of the blindness or partial blindness. 299 
(14) Refusing to insure, refusing to continue to insure or limiting the 300 
amount, extent or kind of coverage available to an individual or 301 
charging an individual a different rate for the same coverage because of 302 
exposure to diethylstilbestrol through the female parent. 303  Raised Bill No.  5255 
 
 
 
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(15) (A) Failure by an insurer, or any other entity responsible for 304 
providing payment to a health care provider pursuant to an insurance 305 
policy, to pay accident and health claims, including, but not limited to, 306 
claims for payment or reimbursement to health care providers, within 307 
the time periods set forth in subparagraph (B) of this subdivision, unless 308 
the Insurance Commissioner determines that a legitimate dispute exists 309 
as to coverage, liability or damages or that the claimant has fraudulently 310 
caused or contributed to the loss. Any insurer, or any other entity 311 
responsible for providing payment to a health care provider pursuant 312 
to an insurance policy, who fails to pay such a claim or request within 313 
the time periods set forth in subparagraph (B) of this subdivision shall 314 
pay the claimant or health care provider the amount of such claim plus 315 
interest at the rate of fifteen per cent per annum, in addition to any other 316 
penalties which may be imposed pursuant to sections 38a-11, 38a-25, 317 
38a-41 to 38a-53, inclusive, 38a-57 to 38a-60, inclusive, 38a-62 to 38a-64, 318 
inclusive, 38a-76, 38a-83, 38a-84, 38a-117 to 38a-124, inclusive, 38a-129 319 
to 38a-140, inclusive, 38a-146 to 38a-155, inclusive, 38a-283, 38a-288 to 320 
38a-290, inclusive, 38a-319, 38a-320, 38a-459, 38a-464, 38a-815 to 38a-819, 321 
inclusive, 38a-824 to 38a-826, inclusive, and 38a-828 to 38a-830, 322 
inclusive. Whenever the interest due a claimant or health care provider 323 
pursuant to this section is less than one dollar, the insurer shall deposit 324 
such amount in a separate interest-bearing account in which all such 325 
amounts shall be deposited. At the end of each calendar year each such 326 
insurer shall donate such amount to The University of Connecticut 327 
Health Center. 328 
(B) Each insurer or other entity responsible for providing payment to 329 
a health care provider pursuant to an insurance policy subject to this 330 
section, shall pay claims not later than: 331 
(i) For claims filed in paper format, sixty days after receipt by the 332 
insurer of the claimant's proof of loss form or the health care provider's 333 
request for payment filed in accordance with the insurer's practices or 334 
procedures, except that when there is a deficiency in the information 335 
needed for processing a claim, as determined in accordance with section 336 
38a-477, the insurer shall (I) send written notice to the claimant or health 337  Raised Bill No.  5255 
 
 
 
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care provider, as the case may be, of all alleged deficiencies in 338 
information needed for processing a claim not later than thirty days 339 
after the insurer receives a claim for payment or reimbursement under 340 
the contract, and (II) pay claims for payment or reimbursement under 341 
the contract not later than thirty days after the insurer receives the 342 
information requested; and 343 
(ii) For claims filed in electronic format, twenty days after receipt by 344 
the insurer of the claimant's proof of loss form or the health care 345 
provider's request for payment filed in accordance with the insurer's 346 
practices or procedures, except that when there is a deficiency in the 347 
information needed for processing a claim, as determined in accordance 348 
with section 38a-477, the insurer shall (I) notify the claimant or health 349 
care provider, as the case may be, of all alleged deficiencies in 350 
information needed for processing a claim not later than ten days after 351 
the insurer receives a claim for payment or reimbursement under the 352 
contract, and (II) pay claims for payment or reimbursement under the 353 
contract not later than ten days after the insurer receives the information 354 
requested. 355 
(C) As used in this subdivision, "health care provider" means a person 356 
licensed to provide health care services under chapter 368d, chapter 357 
368v, chapters 370 to 373, inclusive, 375 to 383c, inclusive, 384a to 384c, 358 
inclusive, or chapter 400j. 359 
(16) Failure to pay, as part of any claim for a damaged motor vehicle 360 
under any automobile insurance policy where the vehicle has been 361 
declared to be a constructive total loss, an amount equal to the sum of 362 
(A) the settlement amount on such vehicle plus, whenever the insurer 363 
takes title to such vehicle, (B) an amount determined by multiplying 364 
such settlement amount by a percentage equivalent to the current sales 365 
tax rate established in section 12-408. For purposes of this subdivision, 366 
"constructive total loss" means the cost to repair or salvage damaged 367 
property, or the cost to both repair and salvage such property, equals or 368 
exceeds the total value of the property at the time of the loss. 369  Raised Bill No.  5255 
 
 
 
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(17) Any violation of section 42-260, by an extended warranty 370 
provider subject to the provisions of said section, including, but not 371 
limited to: (A) Failure to include all statements required in subsections 372 
(c) and (f) of section 42-260 in an issued extended warranty; (B) offering 373 
an extended warranty without being (i) insured under an adequate 374 
extended warranty reimbursement insurance policy or (ii) able to 375 
demonstrate that reserves for claims contained in the provider's 376 
financial statements are not in excess of one-half the provider's audited 377 
net worth; (C) failure to submit a copy of an issued extended warranty 378 
form or a copy of such provider's extended warranty reimbursement 379 
policy form to the Insurance Commissioner. 380 
(18) With respect to an insurance company, hospital service 381 
corporation, health care center or fraternal benefit society providing 382 
individual or group health insurance coverage of the types specified in 383 
subdivisions (1), (2), (4), (6), (10), (11) and (12) of section 38a-469, 384 
refusing to insure, refusing to continue to insure or limiting the amount, 385 
extent or kind of coverage available to an individual or charging an 386 
individual a different rate for the same coverage because such 387 
individual has been a victim of family violence. 388 
(19) With respect to an insurance company, hospital service 389 
corporation, health care center or fraternal benefit society providing 390 
individual or group health insurance coverage of the types specified in 391 
subdivisions (1), (2), (3), (4), (6), (9), (10), (11) and (12) of section 38a-469, 392 
refusing to insure, refusing to continue to insure or limiting the amount, 393 
extent or kind of coverage available to an individual or charging an 394 
individual a different rate for the same coverage because of genetic 395 
information. Genetic information indicating a predisposition to a 396 
disease or condition shall not be deemed a preexisting condition in the 397 
absence of a diagnosis of such disease or condition that is based on other 398 
medical information. An insurance company, hospital service 399 
corporation, health care center or fraternal benefit society providing 400 
individual health coverage of the types specified in subdivisions (1), (2), 401 
(3), (4), (6), (9), (10), (11) and (12) of section 38a-469, shall not be 402 
prohibited from refusing to insure or applying a preexisting condition 403  Raised Bill No.  5255 
 
 
 
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limitation, to the extent permitted by law, to an individual who has been 404 
diagnosed with a disease or condition based on medical information 405 
other than genetic information and has exhibited symptoms of such 406 
disease or condition. For the purposes of this subsection, "genetic 407 
information" means the information about genes, gene products or 408 
inherited characteristics that may derive from an individual or family 409 
member. 410 
(20) Any violation of sections 38a-465 to 38a-465q, inclusive. 411 
(21) With respect to a managed care organization, as defined in 412 
section 38a-478, failing to establish a confidentiality procedure for 413 
medical record information, as required by section 38a-999. 414 
(22) Any violation of sections 38a-591d to 38a-591f, inclusive. 415 
(23) Any violation of section 38a-472j. 416 
(24) Any violation of section 2 of this act.  417 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 January 1, 2021 38a-1 
Sec. 2 January 1, 2021 New section 
Sec. 3 January 1, 2021 38a-816 
 
Statement of Purpose:   
To (1) prohibit certain insurers from discriminating against any 
individual solely because such individual is a living organ donor, and 
(2) provide that such discrimination constitutes a violation of the 
Connecticut Unfair Insurance Practices Act. 
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except 
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not 
underlined.]