Provides an unfair trade practice if an insurer takes advantage of an insured who is a senior or a special needs individual during a disaster or declared emergency. (8/1/22)
Impact
By enacting SB253, state law would establish a legal framework that safeguards these populations against potential exploitation by insurers during critical times. The measure empowers the state's insurance commissioner to enforce compliance, investigate claims, and issue cease and desist orders for violators, thus reinforcing the accountability of insurance providers. This additional oversight is crucial for ensuring that individuals who may be less able to advocate for themselves have protections in place.
Summary
Senate Bill 253 aims to protect senior citizens and individuals with special needs during declared states of emergency or disaster by prohibiting insurance companies from discriminating against these groups. Specifically, the bill mandates that insurers cannot take advantage of insured persons who are over sixty or those possessing special medical needs when processing claims related to damages arising from such emergencies. This legislation highlights an essential effort to ensure that vulnerable populations are treated fairly and equitably during crises when they are most at risk.
Sentiment
The sentiment surrounding the bill is generally positive, with strong support from advocates for senior citizens and individuals with special needs. Policymakers recognize the importance of protecting these vulnerable groups from potential abuses that can arise as a result of their circumstances. However, there may also be some concern among insurance companies about the implications of increased regulation and oversight, as they may view it as a potential limitation on their operational freedoms during emergency situations.
Contention
While SB253 seeks to promote fairness and protection, there are potential points of contention related to the enforcement mechanisms and the potential for increased regulatory burdens on insurers. Additionally, discussions around the bill may include concerns regarding how broadly the definitions of 'discrimination' and 'special needs' are interpreted, which could further influence the application of the law and its ramifications for insurance practices.
Urges the Commissioner of Insurance to develop outreach initiatives to assist seniors and special needs individuals after a presidentially or gubernatorially declared disaster or emergency.
Authorizes the commissioner of insurance to order certain penalties to persons engaging in an unfair method of competition or an unfair or deceptive act or practice. (8/1/22)
Financial Institutions and Insurers; using social credit score to discriminate prohibited; violations of insurers an unfair trade practice; fines, penalties and remedies authorized
Financial Institutions and Insurers; using social credit score to discriminate prohibited; violations of insurers an unfair trade practice; fines, penalties and remedies authorized