Definition: In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.
Input: 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.
Output:
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.