SEC. 6. SUBROGATION WITHOUT CONSENT PROHIBITED.
Except where the subject of domestic abuse has al-
ready recovered damages, subrogation of claims resulting
from domestic abuse is prohibited without the informed
consent of the subject of domestic abuse.
SEC. 7. COMPLIANCE WITH INSURANCE PROTOCOLS FOR
SUBJECTS OF DOMESTIC ABUSE.
An insurer shall develop, file with the applicable regu-
latory authority, and adhere to, protocols specifying how
employees, contractors, agents, and broker of the insurer
will pursue an insurance action (including claims inves-
tigation and subrogation) that may impact the safety of
a subject of domestic abuse involved with that action.
SEC. 8. ESTABLISHMENT OF STANDARDS FOR INSURERS.
(a) IN GENERAL.—If, within the 90-day period begin-
ning on the date of the enactment of this Act, the National
Association of Insurance Commissioners adopts a Model
Act and Regulations that establish standards for insurers
with respect to the requirements under this Act, such
standards shall apply to insurers in carrying out this Act.
(b) FALLBACK FEDERAL STANDARDS.—If the NAIC
does not adopt such an Act and Regulations within the
period specified in subsection (a), the Secretary of Health
and Human Services shall promulgate, not later than 60
days after the end of such period, standards for insurers
to carry out this Act.
SEC. 9. ENFORCEMENT FOR INSURERS.
(a) STATE ENFORCEMENT.—
(1) IN
GENERAL.—Each State may establish
under State law a regulatory program that provides
for the application and enforcement of standards for
insurers equal to or more stringent than the stand-
ards established under section 8 to carry out this
Act.
(2) REVIEW.—The Secretary periodically shall
review State regulatory programs to determine if
they continue to substantially meet the requirements
specified in paragraph (1). If the Secretary finds
that a State regulatory program no longer substan-
tially meets the requirements, before making a final
determination, the Secretary shall provide the State
an opportunity to adopt such a plan of correction as
would permit the State regulatory program to con-
tinue to meet such requirements. If the Secretary
makes a final determination that the State regu-
latory program, after such an opportunity, fails to
substantially meet such requirements, the provisions
of subsection (b) shall apply to insurers in that
State.
(b) FEDERAL FALLBACK ENFORCEMENT.—In the
case of an insurer, with respect to insurance policies issued
in a State which does not have an approved regulatory
program in effect under subsection (a)(1), that the Sec-
retary of Health and Human Services determines fails to
comply with an applicable standard established under sec-
tion 8, the insurer is subject to a civil money penalty of
not to exceed $25,000 for each such violation. The provi-
sions of section 1128A of the Social Security Act (other
than the first sentence of subsection (a) and other than
subsection (b)) shall apply to a civil money penalty under
the previous sentence in the same manner as such provi-
sions apply to a penalty or proceeding under section
1128A(a) of such Act.
SEC. 
10. 
ENFORCEMENT 
WITH 
RESPECT 
TO 
GROUP
HEALTH PLANS.
The provisions of this Act insofar as they relate to
group health plans shall be deemed to be provisions of title
I of the Employee Retirement Income Security Act of
1974 for purposes of applying such title. With respect to
group health plans, the Secretary of Labor shall enforce
the requirements of this Act in the same manner as pro-
vided for under sections 502, 504, 506, and 510 of the
Employee Retirement Income Security Act of 1974 (29
U.S.C. 1132, 1134, 1136, and 1140).
SEC. 11. EFFECTIVE DATE.
(a) IN GENERAL.—Subject to subsection (b), the re-
quirements of this Act shall take effect on July 1, 1997,
or, in the case of insurers and if later, the date specified
in subsection (b), and shall apply to actions occurring on
or after such date.
(b) SPECIAL RULE.—In the case of a State which the
Secretary of Health and Human Services identifies as—
(1) requiring State legislation (other than legis-
lation appropriating funds) in order for insurance
policies to meet standards established under section
8 or for the State insurance commissioner to per-
form the functions described in section 9(a), but
(2) having a legislature which is not scheduled
to meet in 1997 in a legislative session in which
such legislation may be considered,
the date specified in this subsection is the first day of the
first calendar quarter beginning after the close of the first
legislative session of the State legislature that begins on
or after the date of the enactment of this Act, and in
which legislation described in paragraph (1) may be con-
sidered. For purposes of the previous sentence, in the case
of a State that has a 2-year legislative session, each year
of such session shall be deemed to be a separate regular
session of the State legislature.
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