§ 27-8-24.3-8 — Underwriting or rating risk on basis of physical or mental condition caused by abuse

Indiana § 27-8-24.3-8

• Jurisdiction: Indiana
• Title 27: INSURANCE
• Art. 8: LIFE, ACCIDENT, AND HEALTH
• Ch. 24.3: Insurance and Health Plan Coverage for Victims of

Text

This chapter does not prohibit an insurer
from inquiring about, underwriting, or rating a risk on the basis of a
physical or mental condition, even if that condition has been caused by
abuse if:
(1) the insurer routinely underwrites or charges a different rate for
that condition in the same manner with respect to all individuals
who apply for or are covered by an insurance policy or a health
plan regardless of whether the individual has been the victim of
abuse;
(2) the individual's status as being, having been, or having the
potential to be the subject of abuse is not considered to be a
physical or mental condition;
(3) the insurer does not:
(A) refuse to insure or refuse to contract with;
(B) refuse to continue to insure or refuse to continue to contract
with;
(C) limit the amount, extent, or coverage available; or
(D) charge a different rate for the same coverage;
solely because of a physical or mental condition, except where the
refusal, limitation, or rate differential is based on sound actuarial
principles or is related to actuarial or reasonably anticipated
experience; and
(4) the underwriting or rating is not used to evade the intent of
this chapter.

Legislative History

As added by P.L.188-1996, SEC.2.