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Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Children's Health Insurance for 
Long-Term Development Act of 1996''.

SEC. 2. PURPOSE.

    The purpose of this act is to provide health insurance coverage for 
children during the Infant Neurological Risk Exposure Period (INREP). 
The INREP extends through age 3 and encompasses the period of most 
rapid neurological changes in young children. Health coverage will 
improve children's health and, through routine health supervision, 
promote parents' caregiving skills through these critical years.

SEC. 3. FINDINGS.

    Congress finds that--
            (1) 86 percent of children with private health insurance 
        are under-insured with respect to well-child care;
            (2) because the human brain develops rapidly until the age 
        of 3, children need regular screenings and follow-up care to 
        detect neurological abnormalities and ensure normal 
        development;
            (3) regular pediatric visits enable physicians to provide 
        guidance on parental activities, such as reading, that 
        stimulate the brain development of infants; and
            (4) children deserve health care coverage that promotes 
        normal brain and nervous system development.

SEC. 4. DEFINITIONS.

    As used in this Act:
            (1) Beneficiary.--The term ``beneficiary'' has the meaning 
        given such term under section 3(8) of the Employee Retirement 
        Income Security Act of 1974 (29 U.S.C. 1002(8)).
            (2) Child.--The term ``child'' means an individual who is 
        age 3 or younger.
            (3) Employee health benefit plan.--
                    (A) In general.--The term ``employee health benefit 
                plan'' means any employee welfare benefit plan, 
governmental plan, or church plan (as defined under paragraphs (1), 
(32), and (33) of section 3 of the Employee Retirement Income Security 
Act of 1974 (29 U.S.C. 1002 (1), (32), and (33))) that provides or pays 
for health benefits (such as provider and hospital benefits) for 
participants and beneficiaries whether--
                            (i) directly;
                            (ii) through a health plan offered by a 
                        health plan issuer as defined in paragraph (6); 
                        or
                            (iii) otherwise.
                    (B) Rule of construction.--An employee health 
                benefit plan shall not be construed to be a health plan 
                or a health plan issuer.
                    (C) Arrangements not included.--Such term does not 
                include the following, or any combination thereof:
                            (i) Coverage only for accident, or 
                        disability income insurance, or any combination 
                        thereof.
                            (ii) Medicare supplemental health insurance 
                        (as defined under section 1882(g)(1) of the 
                        Social Security Act (42 U.S.C. 1395ss(g)(1))).
                            (iii) Coverage issued as a supplement to 
                        liability insurance.
                            (iv) Liability insurance, including general 
                        liability insurance and automobile liability 
                        insurance.
                            (v) Workers' compensation or similar 
                        insurance.
                            (vi) Automobile medical payment insurance.
                            (vii) Coverage for a specified disease or 
                        illness.
                            (viii) Hospital or fixed indemnity 
                        insurance.
                            (ix) Short-term limited duration insurance.
                            (x) Credit-only, dental-only, or vision-
                        only insurance.
                            (xi) A health insurance policy providing 
                        benefits only for long-term care, nursing home 
care, home health care, community-based care, or any combination 
thereof.
            (4) Group purchaser.--The term ``group purchaser'' means 
        any person (as defined in section 3(9) of the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1002(9))) or 
        entity that purchases or pays for health benefits (such as 
        provider or hospital benefits) on behalf of participants or 
        beneficiaries in connection with an employee health benefit 
        plan.
            (5) Health plan.--
                    (A) In general.--The term ``health plan'' means any 
                group health plan or individual health plan.
                    (B) Group health plan.--The term ``group health 
                plan'' means any contract, policy, certificate, or 
                other arrangement offered by a health plan issuer to a 
                group purchaser that provides or pays for health 
                benefits (such as provider and hospital benefits) in 
                connection with an employee health benefit plan.
                    (C) Individual health plan.--The term ``individual 
                health plan'' means any contract, policy, certificate, 
                or other arrangement offered by a health plan issuer to 
                individuals that provides or pays for health benefits 
                (such as provider and hospital benefits) and that is 
                not a group health plan.
                    (D) Arrangements not included.--Such term does not 
                include the following, or any combination thereof:
                            (i) Coverage only for accident, or 
                        disability income insurance, or any combination 
                        thereof.
                            (ii) Medicare supplemental health insurance 
                        (as defined under section 1882(g)(1) of the 
                        Social Security Act).
                            (iii) Coverage issued as a supplement to 
                        liability insurance.
                            (iv) Liability insurance, including general 
                        liability insurance and automobile liability 
                        insurance.
                            (v) Workers' compensation or similar 
                        insurance.
                            (vi) Automobile medical payment insurance.
                            (vii) Coverage for a specified disease or 
                        illness.
                            (viii) Hospital or fixed indemnity 
                        insurance.
                            (ix) Short-term limited duration insurance.
                            (x) Credit-only, dental-only, or vision-
                        only insurance.
                            (xi) A health insurance policy providing 
                        benefits only for long-term care, nursing home 
                        care, home health care, community-based care, 
                        or any combination thereof.
                    (E) Certain plans included.--Such term includes any 
                plan or arrangement not described in any clause of 
                subparagraph (D) that provides for benefit payments, on 
                a periodic basis, for--
                            (i) a specified disease or illness; or
                            (ii) a period of hospitalization;
                without regard to the costs incurred or services 
                rendered during the period to which the payments 
                relate.
            (6) Health plan issuer.--The term ``health plan issuer'' 
        means any entity that is licensed (prior to or after the date 
        of enactment of this Act) by a State to offer a health plan.
            (7) Participant.--The term ``participant'' has the meaning 
        given such term under section 3(7) of the Employee Retirement 
        Income Security Act of 1974 (29 U.S.C. 1002(7)).
            (8) Secretary.--The term ``Secretary'' unless otherwise 
        specified means the Secretary of Labor.

SEC. 5. REQUIRED HEALTH CARE COVERAGE FOR CHILDREN.

    (a) In General.--Except as provided in subsection (b), a health 
plan or an employee health benefit plan shall ensure that coverage is 
provided with respect to a child who is a beneficiary under such plan 
for all medically necessary health care and related services, 
including--
            (1) appropriate screening services at intervals that meet 
        reasonable standards of medical and dental practice;
            (2) all appropriate immunizations;
            (3) necessary case management, transportation, and 
        scheduling assistance; and
            (4) such other necessary health care, diagnostic services, 
        treatment, and other measures to correct or ameliorate defects 
        and physical and mental illnesses and conditions discovered by 
        the screening services, whether or not such services are 
        covered for participants or policyholders under the plan.
    (b) Exception.--Notwithstanding subsection (a), a health plan or an 
employee health benefit plan shall not be required to provide coverage 
for health care and related services that are not safe, are not 
effective, or are experimental.

SEC. 6. PROHIBITIONS.

    In implementing the requirements of this Act, a health plan or an 
employee health benefit plan may not use a service limitation, 
including a lifetime benefit limit, of the plan to deny medically 
necessary health care and related services described in section 4 to a 
child.

SEC. 7. NOTICE.

    (a) Employee Health Benefit Plan.--An employee health benefit plan 
shall provide conspicuous notice to each participant regarding coverage 
required under this Act not later than 120 days after the date of 
enactment of this Act, and as part of its summary plan description.
    (b) Health Plan.--A health plan shall provide notice to each 
policyholder regarding coverage required under this Act. Such notice 
shall be in writing, prominently positioned, and be transmitted--
            (1) in a mailing made within 120 days after the date of 
        enactment of this Act by such plan to the policyholder; and
            (2) as part of the annual informational packet sent to the 
        policyholder.

SEC. 8. APPLICABILITY.

    (a) Construction.--
            (1) In general.--A requirement or standard imposed under 
        this Act on a health plan shall be deemed to be a requirement 
        or standard imposed on the health plan issuer. Such 
        requirements or standards shall be enforced by the State 
        insurance commissioner for the State involved or the official 
        or officials designated by the State to enforce the 
        requirements of this Act. In the case of a health plan offered 
        by a health plan issuer in connection with an employee health 
        benefit plan, the requirements or standards imposed under this 
        Act shall be enforced with respect to the health plan issuer by 
        the State insurance commissioner for the State involved or the 
        official or officials designated by the State to enforce the 
        requirements of this Act.
            (2) Limitation.--Except as provided in section 8(c), the 
        Secretary shall not enforce the requirements or standards of 
        this Act as they relate to health plan issuers or health plans. 
        In no case shall a State enforce the requirements or standards 
        of this Act as they relate to employee health benefit plans.
    (b) Rule of Construction.--Nothing in this Act shall be construed 
to affect or modify the provisions of section 514 of the Employee 
Retirement Income Security Act of 1974 (29 U.S.C. 1144).

SEC. 9. ENFORCEMENT.

    (a) Health Plan Issuers.--Each State shall require that each health 
plan issued, sold, renewed, offered for sale or operated in such State 
by a health plan issuer meet the standards established under this Act. 
A State shall submit such information as required by the Secretary 
demonstrating effective implementation of the requirements of this Act.
    (b) Employee Health Benefit Plans.--With respect to employee health 
benefit plans, the standards established under this Act shall be 
enforced in the same manner as provided 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). The civil penalties contained in 
paragraphs (1) and (2) of section 502(c) of such Act (29 U.S.C. 1132(c) 
(1) and (2)) shall apply to any information required by the Secretary 
to be disclosed and reported under this section.
    (c) Failure To Enforce.--In the case of the failure of a State to 
substantially enforce the standards and requirements set forth in this 
Act with respect to health plans, the Secretary, in consultation with 
the Secretary of Health and Human Services, shall enforce the standards 
of this Act in such State. In the case of a State that fails to 
substantially enforce the standards set forth in this Act, each health 
plan issuer operating in such State shall be subject to civil 
enforcement as provided 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). The civil penalties contained in paragraphs (1) 
and (2) of section 502(c) of such Act (29 U.S.C. 1132(c)(1) and (2)) 
shall apply to any information required by the Secretary to be 
disclosed and reported under this section.
    (d) Regulations.--The Secretary, in consultation with the Secretary 
of Health and Human Services, may promulgate such regulations as may be 
necessary or appropriate to carry out this Act.

SEC. 10. PREEMPTION.

    (a) In General.--The provisions of sections 4, 5, and 6 shall not 
preempt a State law or regulation--
            (1) that provides greater protections to patients or 
        policyholders than those required in this Act; or
            (2) that requires health plans to provide coverage for 
        pediatric care in accordance with guidelines established by the 
        American Academy of Pediatrics or other established 
        professional medical associations.
    (b) Employee Health Benefit Plans.--Nothing in this section affects 
the application of this Act to employee health benefit plans, as 
defined in section 2(3).

SEC. 11. EFFECTIVE DATE.

    Except as otherwise provided for in this Act, the provisions of 
this Act shall apply as follows:
            (1) With respect to health plans, such provisions shall 
        apply to such plans on the first day of the contract year 
        beginning on or after June 1, 1997.
            (2) With respect to employee health benefit plans, such 
        provisions shall apply to such plans on the first day of the 
        first plan year beginning on or after June 1, 1997.

A: Children's Health Insurance for Long-Term Development Act of 1996 -   Requires health plans and employee health benefit plans to ensure coverage of all medically necessary health care and related services for children during the Infant Neurological Risk Exposure Period (INREP), which extends through age three and encompasses the period of most rapid neurological changes in young children. Prohibits health plans from using a service limitation, including a lifetime benefit limit, to deny medically necessary health care and related services to a child. 
Sets forth enforcement provisions.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Essential Air Service Modernization 
Act of 2003''.

SEC. 2. AUTHORIZATION.

    Section 41742(a)(2) is amended by striking ``$15,000,000'' and 
inserting ``$75,000,000''.

SEC. 3. TERMINATION NOTICE.

    Section 41733 of title 49, United States Code, is amended by adding 
at the end the following--
    ``(f) Termination Notice.--If the Secretary decides to terminate 
basic essential service to an eligible place, the Secretary shall 
notify the affected community not less than 90 days before such service 
is to be terminated.''.

SEC. 4. JOINT PROPOSALS.

    (a) In General.--Section 41740 of title 49, United States Code, is 
amended by adding at the end the following: ``The Secretary shall 
facilitate and assist in establishing negotiations between major and 
national air carriers and air carriers that provide essential air 
service to an eligible place in order to determine equitable joint 
fares.''.
    (b) Report.--Not later than 12 months after enactment of this Act, 
the Secretary shall transmit a report to Congress regarding the 
progress and effectiveness of implementation of the amendment made by 
subsection (a).

SEC. 5. COMMUNITY AND REGIONAL CHOICE PROGRAM.

    (a) In General.--Subchapter II of chapter 417 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 41745. Community and regional choice program
    ``(a) Establishment.--The Secretary of Transportation shall 
establish an alternate essential air service program in accordance with 
the requirements of this section.
    ``(b) Compensation to Eligible Places.--In carrying out the 
program, the Secretary, instead of paying compensation to an air 
carrier to provide essential air service to an eligible place, may pay 
compensation directly to a unit of local government having jurisdiction 
over the eligible place or a State within the boundaries of which the 
eligible place is located.
    ``(c) Use of Compensation.--A unit of local government or State 
receiving compensation for an eligible place under the program shall 
use the compensation for any of the following purposes:
            ``(1) To provide assistance to an air carrier to provide 
        scheduled air service to and from the eligible place, without 
        being subject to the requirements of 41732(b).
            ``(2) To provide assistance to a person to provide 
        scheduled or on-demand air taxi service to and from the 
eligible place and a non-hub or a small, medium, or large hub.
            ``(3) To provide assistance to a person to provide 
        scheduled or on-demand surface transportation to and from the 
        eligible place and a non-hub or a small, medium, or large hub.
            ``(4) In combination with other units of local government 
        in the same region, to provide transportation services to and 
        from all the eligible places in that region at an airport or 
        other transportation center that can serve all the eligible 
        places in that region.
    ``(d) Applications.--
            ``(1) In general.--A unit of local government or State 
        seeking to participate in the program for an eligible place 
        shall submit to the Secretary an application in such form and 
        containing such information as the Secretary may require.
            ``(2) Required information.--At a minimum, the application 
        shall include--
                    ``(A) a statement of the amount of compensation 
                required; and
                    ``(B) a description of how the compensation will be 
                used.
    ``(e) Participation Requirements.--An eligible place for which 
compensation is received under the program in a fiscal year shall not 
be eligible to receive in that fiscal year the essential air service 
that it would otherwise be entitled to under this subchapter.
    ``(f) Subsequent Participation.--A unit of local government 
participating in the program under this section in a fiscal year shall 
not be prohibited from participating in the basic essential air service 
program under this chapter in a subsequent fiscal year if such unit is 
otherwise eligible to participate in such basic program.
    ``(g) Funding.--Amounts appropriated or otherwise made available to 
carry out the essential air service program under this subchapter shall 
be available to carry out this section.
``Sec. 41746. Compensation for units of local government
    ``Of the amounts made available under section 41742(a) the 
Secretary shall pay directly to a unit of local government having 
jurisdiction over the eligible place not less than $5,000 for such 
fiscal year to promote public use of the air service or transportation 
for which compensation is being paid.''.
    (b) Conforming Amendment.--The analysis for such chapter is amended 
by inserting after the item relating to section 41744 the following:

``41745. Community and regional choice program.
``41746. Compensation for units of local government.''.

A: Essential Air Service Modernization Act of 2003 - Increases the authorization of appropriations to carry out the essential air service program.

Requires the Secretary to: (1) notify an affected community at least 90 days before the basic essential service to that community is terminated: (2) facilitate and assist in negotiations between major and national air carriers and carriers that provide essential air service in order to determine equitable joint fares; (3) establish an alternate essential air service program which would provide compensation directly to local governments, instead of to air carriers, to use to obtain air service, to obtain surface transportation to and from air hubs, or to participate with other local governments in providing regional transportation services to airports; and (4) pay $5,000 to local governments to promote public use of air service or transportation for which compensation is received under the program.
****
Q: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Victims of Abuse Insurance 
Protection Act''.

SEC. 2. DEFINITIONS.

    As used in this Act:
            (1) The term ``abuse'' means the occurrence of one or more 
        of the following acts between household or family (including 
        in-laws or extended family) members, spouses or former spouses, 
        or individuals engaged in or formerly engaged in a sexually 
        intimate relationship:
                    (A) Attempting to cause or intentionally, 
                knowingly, or recklessly causing another person bodily 
                injury, physical harm, substantial emotional distress, 
                psychological trauma, rape, sexual assault, or 
                involuntary sexual intercourse.
                    (B) Engaging in a course of conduct or repeatedly 
                committing acts toward another person, including 
                following the person without proper authority and under 
                circumstances that place the person in reasonable fear 
                of bodily injury or physical harm.
                    (C) Subjecting another person to false imprisonment 
                or kidnapping.
                    (D) Attempting to cause or intentionally, 
                knowingly, or recklessly causing damage to property so 
                as to intimidate or attempt to control the behavior of 
                another person.
            (2) The term ``abuse-related medical condition'' means a 
        medical condition which arises in whole or in part out of an 
        action or pattern of abuse.
            (3) The term ``abuse status'' means the fact or perception 
        that a person is, has been, or may be a subject of abuse, 
        irrespective of whether the person has sustained abuse-related 
        medical conditions or has incurred abuse-related claims.
            (4) The term ``health benefit plan'' means any public or 
        private entity or program that provides for payments for health 
        care, including--
                    (A) a group health plan (as defined in section 607 
                of the Employee Retirement Income Security Act of 1974) 
                or a multiple employer welfare arrangement (as defined 
                in section 3(40) of such Act) that provides health 
                benefits;
                    (B) any other health insurance arrangement, 
                including any arrangement consisting of a hospital or 
                medical expense incurred policy or certificate, 
                hospital or medical service plan contract, or health 
                maintenance organization subscriber contract;
                    (C) workers' compensation or similar insurance to 
                the extent that it relates to workers' compensation 
                medical benefits (as defined by the Federal Trade 
                Commission); and
                    (D) automobile medical insurance to the extent that 
                it relates to medical benefits (as defined by the 
                Federal Trade Commission).
            (5) The term ``health carrier'' means a person that 
        contracts or offers to contract on a risk-assuming basis to 
        provide, deliver, arrange for, pay for or reimburse any of the 
        cost of health care services unless the person assuming the 
        risk is accepting the risk from a duly licensed health carrier.
            (6) The term ``insured'' means a party named on a policy, 
        certificate, or health benefit plan as the person with legal 
        rights to the benefits provided by the policy, certificate, or 
        health benefit plan. For group insurance, such term includes a 
        person who is a beneficiary covered by a group policy, 
        certificate, or health benefit plan.
            (7) The term ``insurer'' means any person, reciprocal 
        exchange, interinsurer, Lloyds insurer, fraternal benefit 
        society, or other legal entity engaged in the business of 
        insurance, including agents, brokers, adjusters, and third 
        party administrators. The term also includes health carriers, 
        health benefit plans, and life, disability, and property and 
        casualty insurers.
            (8) The term ``policy'' means a contract of insurance, 
        certificate, indemnity, suretyship, or annuity issued, proposed 
        for issuance or intended for issuance by an insurer, including 
        endorsements or riders to an insurance policy or contract.
            (9) The term ``subject of abuse'' means a person to whom an 
        act of abuse is directed, a person who has had prior or current 
        injuries, illnesses, or disorders that resulted from abuse, or 
        a person who seeks, may have sought, or should have sought 
        medical or psychological treatment for abuse, protection, 
        court-ordered protection, or shelter from abuse.

SEC. 3. DISCRIMINATORY ACTS PROHIBITED.

    (a) In General.--No insurer or health carrier may, directly or 
indirectly, engage in any of the following acts or practices on the 
basis that the applicant or insured, or any person employed by the 
applicant or insured or with whom the applicant or insured is known to 
have a relationship or association, is, has been, or may be the subject 
of abuse:
            (1) Denying, refusing to issue, renew or reissue, or 
        canceling or otherwise terminating an insurance policy or 
        health benefit plan.
            (2) Restricting, excluding, or limiting insurance or health 
        benefit plan coverage for losses as a result of abuse or 
        denying a claim incurred by an insured as a result of abuse, 
        except as otherwise permitted or required by State laws 
relating to life insurance beneficiaries.
            (3) Adding a premium differential to any insurance policy 
        or health benefit plan.
            (4) Terminating health coverage for a subject of abuse 
        because coverage was originally issued in the name of the 
        abuser and the abuser has divorced, separated from, or lost 
        custody of the subject of abuse or the abuser's coverage has 
        terminated voluntarily or involuntarily and the subject of 
        abuse does not qualify for extension of coverage under part 6 
        of subtitle B of title I or the Employee Retirement Income 
        Security Act of 1974 (29 U.S.C. 1161 et seq.) or 4980B of the 
        Internal Revenue Code of 1986. Nothing in this paragraph 
        prohibits the insurer from requiring the subject of abuse to 
        pay the full premium for the subject's coverage under the 
        health plan. The insurer may terminate group coverage after the 
        continuation coverage required by this paragraph has been in 
        force for 18 months if it offers conversion to an equivalent 
        individual plan. The continuation of health coverage required 
        by this paragraph shall be satisfied by any extension of 
        coverage under part 6 of subtitle B of title I or the Employee 
        Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.) 
        or 4980B of the Internal Revenue Code of 1986 provided to a 
        subject of abuse and is not intended to be in addition to any 
        extension of coverage provided under part 6 of subtitle B of 
        title I or the Employee Retirement Income Security Act of 1974 
        (29 U.S.C. 1161 et seq.) or 4980B of the Internal Revenue Code 
        of 1986.
    (b) Use of Information.--
            (1) In general.--No insurer may use, disclose, or transfer 
        information relating to an applicant's or insured's abuse 
        status or abuse-related medical condition or the applicant's or 
        insured's status as a family member, employer or associate, 
        person in a relationship with a subject of abuse for any 
        purpose unrelated to the direct provision of health care 
        services unless such use, disclosure, or transfer is required 
        by an order of an entity with authority to regulate insurance 
        or an order of a court of competent jurisdiction or by abuse 
        reporting laws. Nothing in this paragraph shall be construed as 
        limiting or precluding a subject of abuse from obtaining the 
        subject's own medical records from an insurer.
            (2) Authority of subject of abuse.--A subject of abuse, at 
        the absolute discretion of the subject of abuse, may provide 
        evidence of abuse to an insurer for the limited purpose of 
        facilitating treatment of an abuse-related condition or 
        demonstrating that a condition is abuse-related. Nothing in 
        this paragraph shall be construed as authorizing an insurer or 
        health carrier to disregard such provided evidence.

SEC. 4. REASONS FOR ADVERSE ACTIONS.

    An insurer that takes any adverse action relating to any plan or 
policy of a subject of abuse, shall advise the subject of abuse 
applicant or insured of the specific reasons for the action in writing. 
Reference to general underwriting practices or guidelines does not 
constitute a specific reason.

SEC. 5. LIFE INSURANCE.

    Nothing in this Act shall be construed to prohibit a life insurer 
from declining to issue a life insurance policy if the applicant or 
prospective owner of the policy is or would be designated as a 
beneficiary of the policy, and if--
            (1) the applicant or prospective owner of the policy lacks 
        an insurable interest in the insured; or
            (2) the applicant or prospective owner of the policy is 
        known, on the basis of police or court records, to have 
        committed an act of abuse.

SEC. 6. SUBROGATION WITHOUT CONSENT PROHIBITED.

    Except where the subject of abuse has already recovered damages, 
subrogation of claims resulting from abuse is prohibited with the 
informed consent of the subject of abuse.

SEC. 7. ENFORCEMENT.

    (a) Federal Trade Commission.--The Federal Trade Commission shall 
have the power to examine and investigate any insurer to determine 
whether such insurer has been or is engaged in any act or practice 
prohibited by this Act. If the Federal Trade Commission determines an 
insurer has been or is engaged in any act or practice prohibited by 
this Act, the Commission may take action against such insurer by the 
issuance of a cease and desist order as if the insurer was in violation 
of section 5 of the Federal Trade Commission Act. Such cease and desist 
order may include any individual relief warranted under the 
circumstances, including temporary, preliminary, and permanent 
injunctive and compensatory relief.
    (b) Private Cause of Action.--An applicant or insured claiming to 
be adversely affected by an act or practice of an insurer in violation 
of this Act may maintain an action against the insurer in a Federal or 
State court of original jurisdiction. Upon proof of such conduct by a 
preponderance of the evidence, the court may award appropriate relief, 
including temporary, preliminary, and permanent injunctive relief and 
compensatory and punitive damages, as well as the costs of suit and 
reasonable fees for the aggrieved individual's attorneys and expert 
witnesses. With respect to compensatory damages, the aggrieved 
individual may elect, at any time prior to the rendering of final 
judgment, to recover in lieu of actual damages, an award of statutory 
damages in the amount of $5,000 for each violation.

A:
Victims of Abuse Insurance Protection Act - Prohibits insurers and health carriers from engaging in specified acts (such as denying, terminating, or limiting coverage) on the basis that the applicant or insured (or any person with whom the applicant or insured is associated) is, has been, or may be the subject of abuse involving household or family members, current or former spouses, or individuals in or formerly in a sexually intimate relationship.  Prohibits insurers from using, disclosing, or transferring information about an applicant's or insured's abuse status or abuse-related medical condition for any purpose unrelated to the direct provision of health care unless required by an order of an insurance regulatory entity, a court order, or abuse reporting laws. 
Requires an insurer that takes any adverse action relating to any plan or policy of an abuse subject (whether applicant or insured) to advise such individual of the specific reasons for the action. 
Regulates subrogation of claims resulting from abuse. 
Empowers the Federal Trade Commission to examine and investigate any insurer regarding compliance with this Act.  Provides for a private cause of action against the insurer in Federal or State court by an abuse subject applicant or insured claiming to be adversely affected by an act or practice of the insurer.
****