Q: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
SECTION 1. SHORT TITLE.

This Act may be cited as the ''Insurance Protection for Victims of
Domestic Violence Act of 1996''.

SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION WITH RESPECT TO
VICTIMS OF DOMESTIC VIOLENCE.

The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by
adding at the end the following new title:

''TITLE XXVII--PROHIBITION OF HEALTH INSURANCE DISCRIMINATION WITH
RESPECT TO VICTIMS OF DOMESTIC VIOLENCE

''SEC. 2701. LIMITATIONS ON UNDERWRITING.

''An insurer may not deny or cancel health insurance, or vary the
terms and conditions of health insurance--
''(1) to an individual on the basis that the individual or
family member--
''(A) is, has been, or may be the subject of an act
of domestic violence;
''(B) has had prior injuries that resulted from an
act of domestic violence;
''(C) seeks, has sought, or should have sought
medical or psychological treatment for protection
against an act of domestic violence; or
''(D) seeks, has sought, or should have sought
shelter from an act of domestic violence; or
''(2) to or for a group or employer on the basis that the
group includes or the employer employs, or provides or
subsidizes insurance for, an individual described in paragraph
(1).

''SEC. 2702. LIMITATION ON DISCLOSURE OF INFORMATION.

''(a) Prohibition.--Except as provided in paragraph (2), regardless
of the manner in which information was received, an insurer may not
disclose or be compelled (by subpoena or any other means) to disclose
information concerning the status of an individual as a victim of
domestic violence (including the relationship of a medical condition to
an incident or pattern of domestic violence), or the status of an
individual as a family member, employer, associate, or person in a
relationship with an individual who is the victim of domestic violence,
unless the individual involved provides a written authorization.
''(b) Exception.--Notwithstanding paragraph (1), information
concerning the abuse status of an individual may be disclosed if such
disclosure--
''(1) is required under the specific order of a Federal or
State court; or
''(2) is required by the State Insurance Commissioner.

''SEC. 2703. ESTABLISHMENT OF STANDARDS.

''(a) Role of National Association of Insurance Commissioners.--
''(1) In general.--The Secretary shall request the National
Association of Insurance Commissioners to develop, in
consultation with nonprofit domestic violence victim advocacy
organizations, within 9 months after the date of the enactment
of this title, model standards that incorporate the limitations
on underwriting set forth in section 2701, and provide
procedures for enforcement for such provisions, including a
private right of action.
''(2) Review of standards.--If the Association develops
recommended regulations specifying the standards within the
period, the Secretary shall review the standards. The review
shall be completed within 90 days after the date the
regulations are developed. Unless the Secretary determines
within the period that such standards do not meet the
requirements, such standards shall serve as the standards under
this title, with such amendments as the Secretary determines to
be necessary.
''(b) Contingency.--If the Association does not develop the model
regulations within the 9 month period beginning on the date of the
enactment of this title, or the Secretary determines that the
regulations do not specify standards that meet the requirements
described in subsection (a), the Secretary shall specify, within 15
months after the date of the enactment of this title, standards to
carry out the requirements.
''(c) Application of Standards.--
''(1) In general.--Each State shall submit to the
Secretary, by the deadline specified in paragraph (2), a report
on actions the State is taking to implement and enforce the
standards established under this section with respect to
insurers and health insurance coverage offered or renewed not
later than such deadline.
''(2) Deadline for report.--Each State shall file the
report described in paragraph (1) not later than 1 year after
the date that standards are established under subsection (a)
or, in the event of the failure of the Association to develop
timely model regulations, under subsection (b).
''(d) Federal Role.--
''(1) Notice of deficiency.--If the Secretary determines
that a State has failed to submit a report by the deadline
specified by subsection (c), or finds that the State has not
implemented and provided adequate enforcement of the standards
established under subsection (a) or (b), the Secretary shall
notify the State and provide the State a period of 60 days in
which to submit the report.
''(2) Implementation of alternative enforcement
mechanism.--
''(A) In general.--If, after the 60-day period, the
Secretary finds that such a failure has not been
corrected, the Secretary shall within 30 days provide
for a mechanism for the implementation and enforcement
of such standards in the State as the Secretary
determines to be appropriate.
''(B) Civil penalty.--Under any implementation and
enforcement mechanism established by the Secretary
pursuant to this paragraph, the Secretary shall have
the authority to impose on an insurer a civil monetary
penalty in the amount of $10,000 for each day during
which such insurer violates the requirements described
in section 2701, or the standards developed under this
section. Liability for such penalty shall begin to
accrue on the 30th day after the Secretary has provided
such insurer with notice of its noncompliance, if the
insurer has failed to correct the deficiency by such
date.
''(C) Effective period.--Any such implementation
and enforcement mechanism established by the Secretary
shall take effect with respect to insurers, and health
insurance coverage offered or renewed, on or after 3
months after the date of the Secretary's finding under
paragraph (1), and until the date the Secretary finds
that such a failure has been corrected.
''(3) Federal civil right of action.--
''(A) In general.--Any individual aggrieved
as a result of conduct prohibited by section
2701 may bring a civil action in the
appropriate United States district court
against the insurer.
''(B) Relief.--Upon proof of such conduct
by a preponderance of the evidence, the insurer
shall be subject to a civil penalty that may
include temporary, preliminary, or permanent
injunctive relief and compensatory and punitive
damages, as well as the costs of suit and
reasonable fees for the aggrieved individual's
attorneys. 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.

''SEC. 2704. APPLICATION TO GROUP HEALTH PLANS AND ENFORCEMENT.

''(a) Application.--Subject to subsection (b), the prohibitions in
section 2701 and the standards developed under section 2702 shall apply
to group health plans providing health coverage in the same manner as
they apply to insurers providing health insurance coverage. The penalty
described in section 2702(d)(2)(B) may be imposed by the Secretary of
Labor on group health plans that are not in compliance with the
requirements of sections 2701 and 2702.
''(b) Substitution of Federal Officials.--For purposes of
subsection (a), any reference in section 2702 to--
''(1) a State or the Secretary of Health and Human Services
is deemed to be a reference to the Secretary of Labor; and
''(2) an insurer or health insurance coverage is deemed to
be a reference to a group health plan and health coverage,
respectively.
''(c) Enforcement.--For purposes of part 5 of subtitle B of title I
of the Employee Retirement Income Security Act of 1974 (29 U.S.C 1131
et seq.) the provisions of this title insofar as they relate to group
health plans shall be deemed to be provisions of title I of such Act
irrespective of exclusions under section 4(b) of such Act.
''(d) Regulatory Authority.--With respect to the regulatory
authority of the Secretary of Labor under this title pursuant to
subsection (c), section 505 of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1135) shall apply.

''SEC. 2705. DEFINITIONS.

''For purposes of this title:
''(1) Act of domestic violence.--The term 'act of domestic
violence' means the occurrence of one or more of the following
acts between family or household members, current or former
sexual or intimate partners, or persons sharing biological
parenthood--
''(A) attempting to cause or intentionally,
knowingly, or recklessly causing bodily injury, rape,
or sexual abuse as such term is defined in section 2242
of title 18, United States Code;
''(B) placing, by physical menace, another
individual in reasonable fear of imminent serious
bodily injury;
''(C) infliction of false imprisonment; or
''(D) physically or sexually abusing minor
children.
''(2) Association.--The term 'Association' means the
National Association of Insurance Commissioners.
''(3) Insurer.--
''(A) In general.--The term 'insurer' means a
health benefit plan or a health care provider that
conducts activities related to the protection of public
health.
''(B) Health benefit plan.--The term 'health
benefit plan' means any public or private entity or
program that provides for payments for health care,
including--
''(i) a group health plan (as defined in
section 607 of the Employee Retirement Income
Security Act of 1974 (29 U.S.C. 1167)) or a
multiple employer welfare arrangement (as
defined in section 3(40) of such Act) that
provides health benefits; and
''(ii) 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) Health care provider.--The term 'health care
provider' means a provider of services (as defined in
section 1861(u) of the Social Security Act (42 U.S.C.
1395u)), a physician, a supplier, or any other person
furnishing health care, including a Federal or State
program that provides directly for the provision of
health care to beneficiaries.''.
A:
Insurance Protection for Victims of Domestic Violence Act of 1996 - Amends the Public Health Service Act to create a new title prohibiting health insurers from: (1) discriminating against an individual or group because the individual or a family member is the subject of domestic violence; or (2) disclosing or being compelled (subject to exception) to disclose information concerning the status of an individual as a victim of domestic violence.
Mandates development of model standards. Requires each State to report on its implementation actions and, where States fail to act, provides for Federal enforcement involving civil fines against insurers and a Federal private right of action.
Provides for application of this Act to specified provisions of the Employee Retirement Income Security Act of 1974.