00CS FOR SENATE BILL NO. 14(JUD)                                                                                          
01 "An Act relating to insurance covering an insured who is a victim of domestic                                           
02 violence and requiring certain disclosures by an insurer."                                                              
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 21.36 is amended by adding new sections to read:                                                    
05  Sec. 21.36.430.  Insurance for domestic violence victims; records.  (a)  An                                           
06 insurer offering insurance in this state may not (1) refuse to issue or renew insurance                                 
07 coverage; (2) cancel an existing policy of insurance; (3) deny a covered claim; or (4)                                  
08 increase the premium on an insurance policy if the refusal, cancellation, denial, or                                    
09 increase results only from the fact that the person was a victim of domestic violence.                                  
10  (b)  The provisions of (a) of this section may not prevent an insurer from                                            
11 underwriting or rating                                                                                                  
12   (1)  for a medical condition, including a medical condition resulting                                                
13 from domestic violence, in the same manner as it would for a person who is not a                                        
14 victim of domestic violence; or                                                                                         

01   (2)  a person based on known frequency of losses in the same manner                                                  
02 the insurer would for a person who is not a victim of domestic violence.                                                
03  Sec. 21.36.440. Required disclosure for failure to provide coverage to an                                             
04 applicant.  An insurer who refuses to provide insurance coverage to an applicant                                        
05 initially applying for insurance shall                                                                                  
06   (1)  inform the applicant that the applicant has a right to know the                                                 
07 reason for the refusal; and                                                                                             
08   (2)  upon receipt of a written request from the applicant, provide a                                                 
09 written explanation of the refusal to the applicant.                                                                    
10  Sec. 21.36.450.  Definition.  In AS 21.36.430 - 21.36.440, "insurer" includes                                         
11   (1)  an insurer, as defined in AS 21.90.900;                                                                         
12   (2)  a group health plan, as defined in 29 U.S.C. 1167(1) (Employee                                                  
13 Retirement Income Security Act of 1974);                                                                                
14   (3)  a health maintenance organization, as defined in AS 21.86.900;                                                  
15   (4)  a hospital service corporation or medical service corporation, as                                               
16 defined in AS 21.87.330;                                                                                                
17   (5)  the Comprehensive Health Insurance Association, established in                                                  
18 AS 21.55.010; and                                                                                                       
19   (6)  an entity offering a service benefit plan, as referred to in 42 U.S.C.                                          
20 1396g-1.                                                                                                                
21    * Sec. 2.  This Act applies to a policy of insurance that is entered into or renewed on or                           
22 after the effective date of this Act.