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 Non-Discrimination for
Survivors Act''.

SEC. 2. DEFINITIONS.

In this Act, except as otherwise expressly provided:
(1) Course of conduct.--The term ''course of conduct''
means a course of repeatedly maintaining a visual or physical
proximity to a person or conveying verbal or written threats,
including threats conveyed through electronic communications,
or threats implied by conduct.
(2) Electronic communications.--The term ''electronic
communications'' includes communications via telephone
(including mobile phone), computer, e-mail, video recorder, fax
machine, telex, or pager.
(3) Employ; state.--The terms ''employ'' and ''State'' have
the meanings given the terms in section 3 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203).
(4) Employee.--
(A) In general.--The term ''employee'' means any
person employed by an employer. In the case of an
individual employed by a public agency, such term means
an individual employed as described in section 3(e)(2)
of the Fair Labor Standards Act of 1938 (29 U.S.C.
203(e)(2)).
(B) Basis.--The term includes a person employed as
described in subparagraph (A) on a full- or part-time
basis, for a fixed time period, on a temporary basis,
pursuant to a detail, or as a participant in a work
assignment as a condition of receipt of Federal or
State income-based public assistance.
(5) Employer.--The term ''employer''--
(A) means any person engaged in commerce or in any
industry or activity affecting commerce who employs 15
or more individuals; and
(B) includes any person acting directly or
indirectly in the interest of an employer in relation
to an employee, and includes a public agency that
employs individuals as described in section 3(e)(2) of
the Fair Labor Standards Act of 1938, but does not
include any labor organization (other than when acting
as an employer) or anyone acting in the capacity of
officer or agent of such labor organization.
(6) Employment benefits.--The term ''employment benefits''
means all benefits provided or made available to employees by
an employer, including group life insurance, health insurance,
disability insurance, sick leave, annual leave, educational
benefits, and pensions, regardless of whether such benefits are
provided by a practice or written policy of an employer or
through an ''employee benefit plan'', as defined in section
3(3) of the Employee Retirement Income Security Act of 1974 (29
U.S.C. 1002(3)).
(7) Person.--The term ''person'' has the meaning given the
term in section 3 of the Fair Labor Standards Act of 1938 (29
U.S.C. 203).
(8) Repeatedly.--The term ''repeatedly'' means on 2 or more
occasions.
(9) Sexual assault.--The term ''sexual assault'' has the
meaning given the term in section 40002 of the Violence Against
Women Act of 1994 (42 U.S.C. 13925).
(10) Victim of domestic violence, dating violence, sexual
assault, or stalking.--The term ''victim of domestic violence,
dating violence, sexual assault, or stalking'' includes a
person who has been a victim of domestic violence, dating
violence, sexual assault, or stalking and a person whose family
or household member has been a victim of domestic violence,
dating violence, sexual assault, or stalking.

SEC. 3. DEFINITIONS.

In this Act:
(1) Abuse.--The term ''abuse'' means the occurrence of 1 or
more of the following acts by a current or former household or
family member, intimate partner, or caretaker:
(A) Attempting to cause or causing another person
bodily injury, physical harm, substantial emotional
distress, or psychological trauma.
(B) Attempting to engage in or engaging in rape,
sexual assault, or involuntary sexual intercourse.
(C) 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.
(D) Subjecting another person to false imprisonment
or kidnapping.
(E) Attempting to cause or causing damage to
property so as to intimidate or attempt to control the
behavior of another person.
(2) Health carrier.--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, including a sickness
and accident insurance company, a health maintenance
organization, a nonprofit hospital and health service
corporation, or any other entity providing a plan of health
insurance, health benefits, or health services.
(3) Insured.--The term ''insured'' means a party named on a
policy, certificate, or health benefit plan, including an
individual, corporation, partnership, association,
unincorporated organization, or any similar entity, as the
person with legal rights to the benefits provided by the
policy, certificate, or health benefit plan. For group
insurance, the term includes a person who is a beneficiary
covered by a group policy, certificate, or health benefit plan.
For life insurance, the term refers to the person whose life is
covered under an insurance policy.
(4) Insurer.--The term ''insurer'' means any person,
reciprocal exchange, inter insurer, 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 includes employers who provide
or make available employment benefits through an employee
benefit plan, as defined in section 3(3) of the Employee
Retirement Income Security Act of 1974 (29 U.S.C. 102(3)). The
term also includes health carriers, health benefit plans, and
life, disability, and property and casualty insurers.
(5) Policy.--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.
(6) Subject of abuse.--The term ''subject of abuse''
means--
(A) a person against whom an act of abuse has been
directed;
(B) a person who has prior or current injuries,
illnesses, or disorders that resulted from abuse; or
(C) a person who seeks, may have sought, or had
reason to seek medical or psychological treatment for
abuse, protection, court-ordered protection, or shelter
from abuse.

SEC. 4. DISCRIMINATORY ACTS PROHIBITED.

(a) In General.--No insurer 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 or has
incurred or may incur abuse-related claims:
(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 coverage
for losses or denying a claim, 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.
(b) Prohibition on Limitation of Claims.--No insurer may, directly
or indirectly, deny or limit payment to an insured who is a subject of
abuse if the claim for payment is a result of the abuse.
(c) Prohibition on Termination.--
(1) In general.--No insurer or health carrier may terminate
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 an
extension of coverage under part 6 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1161 et seq.) or section 4980B of the Internal Revenue Code of
1986.
(2) Payment of premiums.--Nothing in paragraph (1) shall be
construed to prohibit the insurer from requiring that the
subject of abuse pay the full premium for the subject's
coverage under the health plan if the requirements are applied
to all insured of the health carrier.
(3) Exception.--An insurer may terminate group coverage to
which this subsection applies after the continuation coverage
period required by this subsection has been in force for 18
months if it offers conversion to an equivalent individual
plan.
(4) Continuation coverage.--The continuation of health
coverage required by this subsection shall be satisfied by any
extension of coverage under part 6 of subtitle B of title I of
the Employee Retirement Income Security Act of 1974 (29 U.S.C.
1161 et seq.) or section 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 otherwise provided for
under such part 6 or section 4980B.
(d) Use of Information.--
(1) Limitation.--
(A) In general.--In order to protect the safety and
privacy of subjects of abuse, no person employed by or
contracting with an insurer or health benefit plan may
(without the consent of the subject)--
(i) use, disclose, or transfer information
relating to abuse status, acts of abuse, abuse-
related medical conditions, or the applicant's
or insured's status as a family member,
employer, associate, or 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
(ii) disclose or transfer information
relating to an applicant's or insured's mailing
address or telephone number or the mailing
address and telephone number of a shelter for
subjects of abuse, unless such disclosure or
transfer--
(I) is required in order to provide
insurance coverage; and
(II) does not have the potential to
endanger the safety of a subject of
abuse.
(B) Rule of construction.--Nothing in this
paragraph may be construed to limit or preclude a
subject of abuse from obtaining the subject's own
insurance 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. 5. INSURANCE PROTOCOLS FOR SUBJECTS OF ABUSE.

Insurers shall develop and adhere to written policies specifying
procedures to be followed by employees, contractors, producers, agents,
and brokers for the purpose of protecting the safety and privacy of a
subject of abuse and otherwise implementing this Act when taking an
application, investigating a claim, or taking any other action relating
to a policy or claim involving a subject of abuse.

SEC. 6. REASONS FOR ADVERSE ACTIONS.

An insurer that takes an action that adversely affects a subject of
abuse, shall advise the applicant or insured who is the subject of
abuse of the specific reasons for the action in writing. For purposes
of this section, reference to general underwriting practices or
guidelines shall not constitute a specific reason.

SEC. 7. 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 against the proposed insured.

SEC. 8. SUBROGATION WITHOUT CONSENT PROHIBITED.

Subrogation of claims resulting from abuse is prohibited without
the informed consent of the subject of abuse.

SEC. 9. ENFORCEMENT.

(a) Federal Trade Commission.--Any act or practice prohibited by
this Act shall be treated as an unfair and deceptive act or practice
pursuant to section 5 of the Federal Trade Commission Act (15 U.S.C.
45) and the Federal Trade Commission shall enforce this Act in the same
manner, by the same means, and with the same jurisdiction, powers, and
duties as though all applicable terms and provisions of the Federal
Trade Commission Act were incorporated into and made a part of this
Act, including issuing a cease and desist order granting any individual
relief warranted under the circumstances, including temporary,
preliminary, and permanent injunctive relief and compensatory damages.
(b) Private Cause of Action.--
(1) In general.--An applicant or insured who believes that
the applicant or insured has been 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.
(2) Relief.--Upon proof of such conduct by a preponderance
of the evidence in an action described in paragraph (1), 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.
(3) Statutory damages.--With respect to compensatory
damages in an action described in paragraph (1), 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. 10. NO PREEMPTION.

Nothing in this Act shall be construed as superseding any law of a
State or political subdivision of a State that provides greater
protection to victims of domestic violence than provided in this Act.

SEC. 11. EFFECTIVE DATE.

This Act shall apply with respect to any action taken on or after
the date of enactment of this Act.
A:
Insurance Non-Discrimination for Survivors Act - Prohibits an insurer from denying or terminating an insurance policy or health benefit plan, restricting or excluding coverage for losses or denying a claim, or adding a premium differential to any policy or health benefit plan on the basis that the insured (or any employee or any person with whom the insured is known to have a relationship or association) is the subject of, or incurs a claim related to, domestic abuse.

Prohibits: (1) an insurer from denying or limiting payment to an insured who is the subject of abuse if the claim for payment is a result of the abuse; (2) an insurer or health carrier from 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 or the abuser's coverage has terminated and the subject does not qualify for an extension of coverage; and (3) any person employed by or contracting with an insurer or health benefit plan to use, disclose, or transfer specified information (including regarding abuse status) without the subject's consent.

Requires: (1) insurers to develop and adhere to written policies specifying procedures to be followed to protect the safety and privacy of a subject of abuse; and (2) an insurer that takes an action that adversely affects a subject of abuse to advise that applicant or insured in writing of the specific reasons for the action.