§ 27-61-4. Unfair discriminatory acts relating to life insurance.
(a) The following acts are prohibited as unfairly discriminatory:
(1) Denying, refusing to issue, renew or reissue, canceling or otherwise terminating,
restricting, or excluding insurance coverage on, or adding a premium differential
to a life insurance policy for an applicant or insured on the basis of the applicant's
or insured's abuse status;
(2) Excluding, limiting, or denying benefits on a life insurance policy on the basis of
an insured's abuse status except as permitted or required by the laws of this state
relating to acts of abuse committed by a life insurance beneficiary;
(3)(i) When the insurer has information in its possession that clearly indicates that the
insured or applicant is a subject of abuse, disclosure or transfer by a person employed
by or contracting with an insurer of confidential abuse information, which is information
about acts of abuse or abuse status of a subject of abuse, the address and telephone
number (home and work) of a subject of abuse, or the status of an applicant or insured
as a family member, employer, or associate of, or a person in a relationship with,
a subject of abuse, for any purpose or to any person, except:
(A) To a subject of abuse or an individual specifically designated in writing by the subject
of abuse;
(B) To a healthcare provider for the direct provision of healthcare services;
(C) To a licensed physician identified and designated by the subject of abuse;
(D) When ordered by the commissioner or a court of competent jurisdiction or required
by law;
(E) When necessary for a valid business purpose to transfer information that includes
confidential abuse information that cannot reasonably be segregated, confidential
abuse information may be disclosed only to the following persons:
(I) A reinsurer that seeks to indemnify or indemnifies all or any part of a policy covering
a subject of abuse and that cannot underwrite or satisfy its obligations under the
reinsurance agreement without that disclosure;
(II) A party to a proposed or consummated sale, transfer, merger, or consolidation of all
or part of the business of the insurer;
(III) Medical or claims personnel contracting with the insurer, only where necessary to
process an application or perform the insurer's duties under the policy or to protect
the safety or privacy of a subject of abuse (also includes parent or affiliate companies
of the insurer that have service agreements with the insurer); or
(IV) With respect to address and telephone number, to entities with whom the insurer transacts
business when the business cannot be transacted without the address and telephone
number;
(F) An attorney who needs the information to represent the insurer effectively, provided
the insurer notifies the attorney of its obligations under this chapter and requests
that the attorney exercise due diligence to protect the confidential abuse information
consistent with the attorney's obligation to represent the insurer;
(G) To the policyowner or assignee, in the course of delivery of the policy, if the policy
contains information about abuse status; and
(H) To any other entities deemed appropriate by the commissioner.
(ii) This subsection does not preclude a subject of abuse from obtaining his or her insurance
records;
(4) Requesting information about abuse status, or making use of this information, however
obtained.
(b) This section does not prohibit a life insurer from declining to issue a life insurance
policy if:
(1) The applicant or prospective owner of the policy lacks an insurable interest in the
insured;
(2) The applicant or prospective owner of the policy is known, on the basis of medical,
police, or court records, to have committed an act of abuse against the proposed insured;
or
(3) The insured or prospective insured is a subject of abuse, and that person, or a person
who has assumed the care of that person if a minor or incapacitated, has objected
to the issuance of the policy on the ground that the policy would be issued to or
for the direct or indirect benefit of the abuser.
(c) This section does not prohibit a life insurer from asking about a medical condition
or from using medical information to underwrite or to carry out its duties under the
policy, even if the medical information is related to a medical condition that the
insurer knows or has reason to know is abuse-related, to the extent otherwise permitted
under this chapter and other applicable law.
(d) A life insurer shall not be held civilly or criminally liable for the death of or
injury to an insured resulting from any action taken in a good faith effort to comply
with the requirements of this chapter. This subsection does not prevent an action
to investigate or enforce a violation of this chapter or to assert any other claims
authorized by law.