Connecticut 2021 2021 Regular Session

Connecticut Senate Bill SB01041 Comm Sub / Bill

Filed 04/08/2021

                     
 
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General Assembly  Raised Bill No. 1041  
January Session, 2021 
LCO No. 3375 
 
 
Referred to Committee on INSURANCE AND REAL ESTATE  
 
 
Introduced by:  
(INS)  
 
 
 
AN ACT CONCERNING HE ALTH CARE SHARING PL ANS AND 
HEALTH CARE SHARING MINISTRIES.  
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 Section 38a-1 of the general statutes is repealed and the 1 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 October 1, 2021): 2 
Terms used in this title and sections 2 and 4 of this act, unless it 3 
appears from the context to the contrary, shall have a scope and 4 
meaning as set forth 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. 1041 
 
 
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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. 1041 
 
 
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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. 1041 
 
 
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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 October 1, 2021) (a) For the purposes of this 92 
section, "health care sharing plan" means an arrangement of members 93 
that encourages its members, or an affiliation or network of individuals 94 
that encourages such individuals, to cover, in whole or in part, the 95 
medical, health care, assisted living or prescription drug costs, or 96 
wellness expenses, of other such members or individuals. 97 
(b) Notwithstanding any provision of the general statutes, no person 98 
shall receive a fee or anything of value in exchange for: 99 
(1) Selling or soliciting a health care sharing plan for a resident of this 100 
state; 101 
(2) Negotiating a health care sharing plan on behalf of a resident of 102  Raised Bill No. 1041 
 
 
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this state; or 103 
(3) Administering a health care sharing plan that includes a resident 104 
of this state. 105 
(c) Any violation of this section shall be deemed an unfair method of 106 
competition and unfair and deceptive act or practice in the business of 107 
insurance under section 38a-816 of the general statutes, as amended by 108 
this act. 109 
Sec. 3. Section 38a-816 of the general statutes is repealed and the 110 
following is substituted in lieu thereof (Effective October 1, 2021): 111 
The following are defined as unfair methods of competition and 112 
unfair and deceptive acts or practices in the business of insurance: 113 
(1) Misrepresentations and false advertising of insurance policies. 114 
Making, issuing or circulating, or causing to be made, issued or 115 
circulated, any estimate, illustration, circular or statement, sales 116 
presentation, omission or comparison which: (A) Misrepresents the 117 
benefits, advantages, conditions or terms of any insurance policy; (B) 118 
misrepresents the dividends or share of the surplus to be received, on 119 
any insurance policy; (C) makes any false or misleading statements as 120 
to the dividends or share of surplus previously paid on any insurance 121 
policy; (D) is misleading or is a misrepresentation as to the financial 122 
condition of any person, or as to the legal reserve system upon which 123 
any life insurer operates; (E) uses any name or title of any insurance 124 
policy or class of insurance policies misrepresenting the true nature 125 
thereof; (F) is a misrepresentation, including, but not limited to, an 126 
intentional misquote of a premium rate, for the purpose of inducing or 127 
tending to induce to the purchase, lapse, forfeiture, exchange, 128 
conversion or surrender of any insurance policy; (G) is a 129 
misrepresentation for the purpose of effecting a pledge or assignment of 130 
or effecting a loan against any insurance policy; or (H) misrepresents 131 
any insurance policy as being shares of stock. 132 
(2) False information and advertising generally. Making, publishing, 133  Raised Bill No. 1041 
 
 
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disseminating, circulating or placing before the public, or causing, 134 
directly or indirectly, to be made, published, disseminated, circulated or 135 
placed before the public, in a newspaper, magazine or other publication, 136 
or in the form of a notice, circular, pamphlet, letter or poster, or over any 137 
radio or television station, or in any other way, an advertisement, 138 
announcement or statement containing any assertion, representation or 139 
statement with respect to the business of insurance or with respect to 140 
any person in the conduct of his insurance business, which is untrue, 141 
deceptive or misleading. 142 
(3) Defamation. Making, publishing, disseminating or circulating, 143 
directly or indirectly, or aiding, abetting or encouraging the making, 144 
publishing, disseminating or circulating of, any oral or written 145 
statement or any pamphlet, circular, article or literature which is false 146 
or maliciously critical of or derogatory to the financial condition of an 147 
insurer, and which is calculated to injure any person engaged in the 148 
business of insurance. 149 
(4) Boycott, coercion and intimidation. Entering into any agreement 150 
to commit, or by any concerted action committing, any act of boycott, 151 
coercion or intimidation resulting in or tending to result in unreasonable 152 
restraint of, or monopoly in, the business of insurance. 153 
(5) False financial statements. Filing with any supervisory or other 154 
public official, or making, publishing, disseminating, circulating or 155 
delivering to any person, or placing before the public, or causing, 156 
directly or indirectly, to be made, published, disseminated, circulated or 157 
delivered to any person, or placed before the public, any false statement 158 
of financial condition of an insurer with intent to deceive; or making any 159 
false entry in any book, report or statement of any insurer with intent to 160 
deceive any agent or examiner lawfully appointed to examine into its 161 
condition or into any of its affairs, or any public official to whom such 162 
insurer is required by law to report, or who has authority by law to 163 
examine into its condition or into any of its affairs, or, with like intent, 164 
wilfully omitting to make a true entry of any material fact pertaining to 165 
the business of such insurer in any book, report or statement of such 166  Raised Bill No. 1041 
 
 
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insurer. 167 
(6) Unfair claim settlement practices. Committing or performing with 168 
such frequency as to indicate a general business practice any of the 169 
following: (A) Misrepresenting pertinent facts or insurance policy 170 
provisions relating to coverages at issue; (B) failing to acknowledge and 171 
act with reasonable promptness upon communications with respect to 172 
claims arising under insurance policies; (C) failing to adopt and 173 
implement reasonable standards for the prompt investigation of claims 174 
arising under insurance policies; (D) refusing to pay claims without 175 
conducting a reasonable investigation based upon all available 176 
information; (E) failing to affirm or deny coverage of claims within a 177 
reasonable time after proof of loss statements have been completed; (F) 178 
not attempting in good faith to effectuate prompt, fair and equitable 179 
settlements of claims in which liability has become reasonably clear; (G) 180 
compelling insureds to institute litigation to recover amounts due under 181 
an insurance policy by offering substantially less than the amounts 182 
ultimately recovered in actions brought by such insureds; (H) 183 
attempting to settle a claim for less than the amount to which a 184 
reasonable man would have believed he was entitled by reference to 185 
written or printed advertising material accompanying or made part of 186 
an application; (I) attempting to settle claims on the basis of an 187 
application which was altered without notice to, or knowledge or 188 
consent of the insured; (J) making claims payments to insureds or 189 
beneficiaries not accompanied by statements setting forth the coverage 190 
under which the payments are being made; (K) making known to 191 
insureds or claimants a policy of appealing from arbitration awards in 192 
favor of insureds or claimants for the purpose of compelling them to 193 
accept settlements or compromises less than the amount awarded in 194 
arbitration; (L) delaying the investigation or payment of claims by 195 
requiring an insured, claimant, or the physician of either to submit a 196 
preliminary claim report and then requiring the subsequent submission 197 
of formal proof of loss forms, both of which submissions contain 198 
substantially the same information; (M) failing to promptly settle claims, 199 
where liability has become reasonably clear, under one portion of the 200  Raised Bill No. 1041 
 
 
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insurance policy coverage in order to influence settlements under other 201 
portions of the insurance policy coverage; (N) failing to promptly 202 
provide a reasonable explanation of the basis in the insurance policy in 203 
relation to the facts or applicable law for denial of a claim or for the offer 204 
of a compromise settlement; (O) using as a basis for cash settlement with 205 
a first party automobile insurance claimant an amount which is less than 206 
the amount which the insurer would pay if repairs were made unless 207 
such amount is agreed to by the insured or provided for by the 208 
insurance policy. 209 
(7) Failure to maintain complaint handling procedures. Failure of any 210 
person to maintain complete record of all the complaints which it has 211 
received since the date of its last examination. This record shall indicate 212 
the total number of complaints, their classification by line of insurance, 213 
the nature of each complaint, the disposition of these complaints, and 214 
the time it took to process each complaint. For purposes of this 215 
[subsection] subdivision, "complaint" means any written 216 
communication primarily expressing a grievance. 217 
(8) Misrepresentation in insurance applications. Making false or 218 
fraudulent statements or representations on or relative to an application 219 
for an insurance policy for the purpose of obtaining a fee, commission, 220 
money or other benefit from any insurer, producer or individual. 221 
(9) Any violation of any one of sections 38a-358, 38a-446, 38a-447, 38a-222 
488, 38a-825, 38a-826, 38a-828 and 38a-829. None of the following 223 
practices shall be considered discrimination within the meaning of 224 
section 38a-446 or 38a-488 or a rebate within the meaning of section 38a-225 
825: (A) Paying bonuses to policyholders or otherwise abating their 226 
premiums in whole or in part out of surplus accumulated from 227 
nonparticipating insurance, provided any such bonuses or abatement of 228 
premiums shall be fair and equitable to policyholders and for the best 229 
interests of the company and its policyholders; (B) in the case of policies 230 
issued on the industrial debit plan, making allowance to policyholders 231 
who have continuously for a specified period made premium payments 232 
directly to an office of the insurer in an amount which fairly represents 233  Raised Bill No. 1041 
 
 
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the saving in collection expense; (C) readjustment of the rate of premium 234 
for a group insurance policy based on loss or expense experience, or 235 
both, at the end of the first or any subsequent policy year, which may be 236 
made retroactive for such policy year. 237 
(10) Notwithstanding any provision of any policy of insurance, 238 
certificate or service contract, whenever such insurance policy or 239 
certificate or service contract provides for reimbursement for any 240 
services which may be legally performed by any practitioner of the 241 
healing arts licensed to practice in this state, reimbursement under such 242 
insurance policy, certificate or service contract shall not be denied 243 
because of race, color or creed nor shall any insurer make or permit any 244 
unfair discrimination against particular individuals or persons so 245 
licensed. 246 
(11) Favored agent or insurer: Coercion of debtors. (A) No person 247 
may (i) require, as a condition precedent to the lending of money or 248 
extension of credit, or any renewal thereof, that the person to whom 249 
such money or credit is extended or whose obligation the creditor is to 250 
acquire or finance, negotiate any policy or contract of insurance through 251 
a particular insurer or group of insurers or producer or group of 252 
producers; (ii) unreasonably disapprove the insurance policy provided 253 
by a borrower for the protection of the property securing the credit or 254 
lien; (iii) require directly or indirectly that any borrower, mortgagor, 255 
purchaser, insurer or producer pay a separate charge, in connection 256 
with the handling of any insurance policy required as security for a loan 257 
on real estate or pay a separate charge to substitute the insurance policy 258 
of one insurer for that of another; or (iv) use or disclose information 259 
resulting from a requirement that a borrower, mortgagor or purchaser 260 
furnish insurance of any kind on real property being conveyed or used 261 
as collateral security to a loan, when such information is to the 262 
advantage of the mortgagee, vendor or lender, or is to the detriment of 263 
the borrower, mortgagor, purchaser, insurer or the producer complying 264 
with such a requirement. 265 
(B) (i) Subparagraph (A)(iii) of this subdivision shall not include the 266  Raised Bill No. 1041 
 
 
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interest which may be charged on premium loans or premium 267 
advancements in accordance with the security instrument. (ii) For 268 
purposes of subparagraph (A)(ii) of this subdivision, such disapproval 269 
shall be deemed unreasonable if it is not based solely on reasonable 270 
standards uniformly applied, relating to the extent of coverage required 271 
and the financial soundness and the services of an insurer. Such 272 
standards shall not discriminate against any particular type of insurer, 273 
nor shall such standards call for the disapproval of an insurance policy 274 
because such policy contains coverage in addition to that required. (iii) 275 
The commissioner may investigate the affairs of any person to whom 276 
this subdivision applies to determine whether such person has violated 277 
this subdivision. If a violation of this subdivision is found, the person in 278 
violation shall be subject to the same procedures and penalties as are 279 
applicable to other provisions of section 38a-815, subsections (b) and (e) 280 
of section 38a-817 and this section. (iv) For purposes of this section, 281 
"person" includes any individual, corporation, limited liability 282 
company, association, partnership or other legal entity. 283 
(12) Refusing to insure, refusing to continue to insure or limiting the 284 
amount, extent or kind of coverage available to an individual or 285 
charging an individual a different rate for the same coverage because of 286 
physical disability, mental or nervous condition as set forth in section 287 
38a-488a or intellectual disability, except where the refusal, limitation or 288 
rate differential is based on sound actuarial principles or is related to 289 
actual or reasonably anticipated experience. 290 
(13) Refusing to insure, refusing to continue to insure or limiting the 291 
amount, extent or kind of coverage available to an individual or 292 
charging an individual a different rate for the same coverage solely 293 
because of blindness or partial blindness. For purposes of this 294 
subdivision, "refusal to insure" includes the denial by an insurer of 295 
disability insurance coverage on the grounds that the policy defines 296 
"disability" as being presumed in the event that the insured is blind or 297 
partially blind, except that an insurer may exclude from coverage any 298 
disability, consisting solely of blindness or partial blindness, when such 299  Raised Bill No. 1041 
 
 
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condition existed at the time the policy was issued. Any individual who 300 
is blind or partially blind shall be subject to the same standards of sound 301 
actuarial principles or actual or reasonably anticipated experience as are 302 
sighted persons with respect to all other conditions, including the 303 
underlying cause of the blindness or partial blindness. 304 
(14) Refusing to insure, refusing to continue to insure or limiting the 305 
amount, extent or kind of coverage available to an individual or 306 
charging an individual a different rate for the same coverage because of 307 
exposure to diethylstilbestrol through the female parent. 308 
(15) (A) Failure by an insurer, or any other entity responsible for 309 
providing payment to a health care provider pursuant to an insurance 310 
policy, to pay accident and health claims, including, but not limited to, 311 
claims for payment or reimbursement to health care providers, within 312 
the time periods set forth in subparagraph (B) of this subdivision, unless 313 
the Insurance Commissioner determines that a legitimate dispute exists 314 
as to coverage, liability or damages or that the claimant has fraudulently 315 
caused or contributed to the loss. Any insurer, or any other entity 316 
responsible for providing payment to a health care provider pursuant 317 
to an insurance policy, who fails to pay such a claim or request within 318 
the time periods set forth in subparagraph (B) of this subdivision shall 319 
pay the claimant or health care provider the amount of such claim plus 320 
interest at the rate of fifteen per cent per annum, in addition to any other 321 
penalties which may be imposed pursuant to sections 38a-11, 38a-25, 322 
38a-41 to 38a-53, inclusive, 38a-57 to 38a-60, inclusive, 38a-62 to 38a-64, 323 
inclusive, 38a-76, 38a-83, 38a-84, 38a-117 to 38a-124, inclusive, 38a-129 324 
to 38a-140, inclusive, 38a-146 to 38a-155, inclusive, 38a-283, 38a-288 to 325 
38a-290, inclusive, 38a-319, 38a-320, 38a-459, 38a-464, 38a-815 to 38a-819, 326 
inclusive, 38a-824 to 38a-826, inclusive, and 38a-828 to 38a-830, 327 
inclusive. Whenever the interest due a claimant or health care provider 328 
pursuant to this section is less than one dollar, the insurer shall deposit 329 
such amount in a separate interest-bearing account in which all such 330 
amounts shall be deposited. At the end of each calendar year each such 331 
insurer shall donate such amount to The University of Connecticut 332  Raised Bill No. 1041 
 
 
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Health Center. 333 
(B) Each insurer or other entity responsible for providing payment to 334 
a health care provider pursuant to an insurance policy subject to this 335 
section, shall pay claims not later than: 336 
(i) For claims filed in paper format, sixty days after receipt by the 337 
insurer of the claimant's proof of loss form or the health care provider's 338 
request for payment filed in accordance with the insurer's practices or 339 
procedures, except that when there is a deficiency in the information 340 
needed for processing a claim, as determined in accordance with section 341 
38a-477, the insurer shall (I) send written notice to the claimant or health 342 
care provider, as the case may be, of all alleged deficiencies in 343 
information needed for processing a claim not later than thirty days 344 
after the insurer receives a claim for payment or reimbursement under 345 
the contract, and (II) pay claims for payment or reimbursement under 346 
the contract not later than thirty days after the insurer receives the 347 
information requested; and 348 
(ii) For claims filed in electronic format, twenty days after receipt by 349 
the insurer of the claimant's proof of loss form or the health care 350 
provider's request for payment filed in accordance with the insurer's 351 
practices or procedures, except that when there is a deficiency in the 352 
information needed for processing a claim, as determined in accordance 353 
with section 38a-477, the insurer shall (I) notify the claimant or health 354 
care provider, as the case may be, of all alleged deficiencies in 355 
information needed for processing a claim not later than ten days after 356 
the insurer receives a claim for payment or reimbursement under the 357 
contract, and (II) pay claims for payment or reimbursement under the 358 
contract not later than ten days after the insurer receives the information 359 
requested. 360 
(C) As used in this subdivision, "health care provider" means a person 361 
licensed to provide health care services under chapter 368d, chapter 362 
368v, chapters 370 to 373, inclusive, 375 to 383c, inclusive, 384a to 384c, 363 
inclusive, or chapter 400j. 364  Raised Bill No. 1041 
 
 
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(16) Failure to pay, as part of any claim for a damaged motor vehicle 365 
under any automobile insurance policy where the vehicle has been 366 
declared to be a constructive total loss, an amount equal to the sum of 367 
(A) the settlement amount on such vehicle plus, whenever the insurer 368 
takes title to such vehicle, (B) an amount determined by multiplying 369 
such settlement amount by a percentage equivalent to the current sales 370 
tax rate established in section 12-408. For purposes of this subdivision, 371 
"constructive total loss" means the cost to repair or salvage damaged 372 
property, or the cost to both repair and salvage such property, equals or 373 
exceeds the total value of the property at the time of the loss. 374 
(17) Any violation of section 42-260, by an extended warranty 375 
provider subject to the provisions of said section, including, but not 376 
limited to: (A) Failure to include all statements required in subsections 377 
(c) and (f) of section 42-260 in an issued extended warranty; (B) offering 378 
an extended warranty without being (i) insured under an adequate 379 
extended warranty reimbursement insurance policy or (ii) able to 380 
demonstrate that reserves for claims contained in the provider's 381 
financial statements are not in excess of one-half the provider's audited 382 
net worth; (C) failure to submit a copy of an issued extended warranty 383 
form or a copy of such provider's extended warranty reimbursement 384 
policy form to the Insurance Commissioner. 385 
(18) With respect to an insurance company, hospital service 386 
corporation, health care center or fraternal benefit society providing 387 
individual or group health insurance coverage of the types specified in 388 
subdivisions (1), (2), (4), (6), (10), (11) and (12) of section 38a-469, 389 
refusing to insure, refusing to continue to insure or limiting the amount, 390 
extent or kind of coverage available to an individual or charging an 391 
individual a different rate for the same coverage because such 392 
individual has been a victim of family violence. 393 
(19) With respect to an insurance company, hospital service 394 
corporation, health care center or fraternal benefit society providing 395 
individual or group health insurance coverage of the types specified in 396 
subdivisions (1), (2), (3), (4), (6), (9), (10), (11) and (12) of section 38a-469, 397  Raised Bill No. 1041 
 
 
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refusing to insure, refusing to continue to insure or limiting the amount, 398 
extent or kind of coverage available to an individual or charging an 399 
individual a different rate for the same coverage because of genetic 400 
information. Genetic information indicating a predisposition to a 401 
disease or condition shall not be deemed a preexisting condition in the 402 
absence of a diagnosis of such disease or condition that is based on other 403 
medical information. An insurance company, hospital service 404 
corporation, health care center or fraternal benefit society providing 405 
individual health coverage of the types specified in subdivisions (1), (2), 406 
(3), (4), (6), (9), (10), (11) and (12) of section 38a-469, shall not be 407 
prohibited from refusing to insure or applying a preexisting condition 408 
limitation, to the extent permitted by law, to an individual who has been 409 
diagnosed with a disease or condition based on medical information 410 
other than genetic information and has exhibited symptoms of such 411 
disease or condition. For the purposes of this [subsection] subdivision, 412 
"genetic information" means the information about genes, gene 413 
products or inherited characteristics that may derive from an individual 414 
or family member. 415 
(20) Any violation of sections 38a-465 to 38a-465q, inclusive. 416 
(21) With respect to a managed care organization, as defined in 417 
section 38a-478, failing to establish a confidentiality procedure for 418 
medical record information, as required by section 38a-999. 419 
(22) Any violation of sections 38a-591d to 38a-591f, inclusive. 420 
(23) Any violation of section 38a-472j. 421 
(24) Any violation of section 2 of this act.  422 
Sec. 4. (NEW) (Effective October 1, 2021) (a) For the purposes of this 423 
section: 424 
(1) "Health care sharing ministry" means any person that (A) is not a 425 
health carrier, (B) uses the phrase health care sharing ministry, health 426 
sharing ministry or any similar phrase to refer to itself, and (C) holds 427  Raised Bill No. 1041 
 
 
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itself out as offering a means of, or alternative to, maintaining minimum 428 
essential coverage; 429 
(2) "Health care sharing plan" has the same meaning as provided in 430 
section 2 of this act; 431 
(3) "Health carrier" has the same meaning as provided in section 38a-432 
1080 of the general statutes; and 433 
(4) "Minimum essential coverage" has the same meaning as provided 434 
in Section 5000A of the Internal Revenue Code of 1986. 435 
(b) Notwithstanding any provision of the general statutes, no person 436 
licensed by the department shall conduct any business with, or conduct 437 
any act requiring a license issued by the department on behalf of, a 438 
health care sharing ministry or health care sharing plan. The provisions 439 
of this subsection shall remain effective regardless of whether the 440 
requirement that an individual maintain minimum essential coverage, 441 
or any provision of the Patient Protection and Affordable Care Act, P.L. 442 
111-148, is repealed or rendered ineffective by operation of law. 443 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2021 38a-1 
Sec. 2 October 1, 2021 New section 
Sec. 3 October 1, 2021 38a-816 
Sec. 4 October 1, 2021 New section 
 
INS Joint Favorable