Legislature(1995 - 1996)

04/25/1996 01:50 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  SENATE BILL 197                                                              
                                                                               
       "An  Act  prohibiting  increases  in  health  insurance                 
       premiums  if  the  insured  is  a  victim  of  domestic                 
       violence."                                                              
                                                                               
  AMBER ALA, STAFF, SENATOR DAVE  DONLEY, testified in support                 
  of SB 197.  She noted that the bill would protect victims of                 
  domestic violence from insurance company discrimination such                 
  as refusing  to provide  coverage, concealing  a policy,  or                 
  increasing premiums on  the basis of domestic  violence.  SB
  197  would  require  the  insurer  to  disclose  the  reason                 
  insurance coverage was denied or cancelled.                                  
                                                                               
  Ms. Ala reported that SB 197 was drafted with the advise and                 
  support of  the Division of  Insurance.  She  continued, the                 
  statutory provisions contained  in SB 197 were  necessary to                 
  protect victims  of domestic  violence.   Eight states  have                 
  passed legislation similar  to SB 197.   Alaska's pro-active                 
  measures   follow   the   nation-wide  trend   by   adopting                 
  legislation  that  protects  innocent  victims  of  domestic                 
  violence from insurance discrimination.                                      
                                                                               
  Ms.  Ala  continued, currently,  there  is no  protection in                 
  Alaska for  victims of  domestic violence against  insurance                 
  premium increases, cancellation,  or denial.   SB 197  would                 
  protect  innocent victims  of domestic  violence from  being                 
  unfairly  discriminated  against  by   insurance  companies.                 
  Insurers  discriminating  against domestic  violence victims                 
  has been a serious  problem in the "lower 48"; SB  197 would                 
  prevent similar occurrences in Alaska.                                       
                                                                               
  In response to Representative Martin, Ms. Ala stated that an                 
  insurance company  could identify  a person  as a  victim of                 
  domestic violence through medical records which specifically                 
  indicate that person  was abused.   Records can be  released                 
  through court orders  which an insurance company  has access                 
  to.   Representative Martin  pointed out  that most  medical                 
  records are confidential.   Ms.  Ala advised that  insurance                 
  companies do  check  out medical  records.    Representative                 
  Brown pointed  out that  medical records  are maintained  by                 
  large  credit  reporting  firms;  they  have  risk   factors                 
  checked.  People who apply  for medical insurance often have                 
  to reveal or give permission to get their medical records as                 
  a condition of obtaining insurance.                                          
                                                                               
  JOHN  GEORGE, AMERICAN COUNCIL  OF LIFE  INSURANCE, NATIONAL                 
  ASSOCIATION  OF  INDEPENDENT INSURERS,  JUNEAU,  stated that                 
                                                                               
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  insurance companies support passage of a bill which protects                 
  victims  of   domestic  violence   from  discrimination   by                 
  insurance  companies.   He  elaborated,  there are  no known                 
  cases of discrimination in the State of Alaska, adding  that                 
  the legislation  is trying to  "fix" something which  is not                 
  "broken".                                                                    
                                                                               
  Mr.  George stated  that  insurance  companies  support  the                 
  current version  of the  bill, although  would request  that                 
  property and casualty insurance  be removed.  Representative                 
  Brown  asked if  it  was possible  that  someone was  denied                 
  insurance  because  a  portion of  that  decision  took into                 
  account the domestic  violence risk  factor.  She  suggested                 
  that the  bill had become  "inoperative" by changes  made in                 
  the  House  Labor  and  Commerce  Committee,  which  deleted                 
  "only".    Mr.  George  interjected  that  change  had  been                 
  proposed by Senator Donley.                                                  
                                                                               
  SENATOR  DAVE   DONLEY  replied   that  language   had  been                 
  recommended  by  the  Division  of  Insurance  in  order  to                 
  guarantee  that  the legislation  would not  unfairly impact                 
  them.  Mr.  George clarified that  a person is  underwritten                 
  depending  on  their  condition,  not  how  their  condition                 
  originated.                                                                  
                                                                               
  Representative Brown asked  if everyone living in  a violent                 
  household had the  same rate.   Mr. George  stated that  the                 
  bill   as   currently   written   would   not   allow   that                 
  consideration.  A person is  underwritten depending on their                 
  condition,  from  information  provided from  their  medical                 
  records.                                                                     
                                                                               
  Representative  Parnell  asked  the problem  with  including                 
  property  casualties.  Mr. George responded, allegations are                 
  based on the  frequency of claims.   He reiterated that  the                 
  insurance industry  would  like to  support  the bill.    He                 
  recommended removing "property casualty"; to date there have                 
  no cases in Alaska.                                                          
                                                                               
  Representative  Martin  voiced  concern  with the  insurance                 
  companies   becoming  the   "goat"   of  domestic   violence                 
  situations.    Mr.  George  reiterated   that  it  would  be                 
  difficult for an  individual to receive information  from an                 
  insurance company.   Insurance companies  do not ask  if the                 
  party has been a  victim of abuse, although, there  could be                 
  an inadvertent disclosure.   He  reiterated that the  actual                 
  condition   could   not   be    used   against   a   client.                 
  Representative Martin maintained  that the legislation would                 
  place the insurance company in a vulnerable position.                        
                                                                               
  Senator Donley stressed that the legislation  only specifies                 
  that if there is discrimination against someone because they                 
                                                                               
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  are a victim of  domestic violence, that act is  against the                 
  law.    It  would be  essential  that  a  reason other  than                 
  domestic violence be shown indicating  why the insurance had                 
  been cancelled or  raised.  Mr.  George reiterated that  the                 
  bill as proposed is supported by insurance companies.                        
                                                                               
  Discussion  followed  between   Representative  Martin   and                 
  Senator  Donley  regarding  potential  suits  to   insurance                 
  companies.   Senator  Donley reminded  Representative Martin                 
  that the bill allows to rate for actual injuries and not the                 
  circumstances  leading to  the injury.   The  bill had  been                 
  drafted  to   address  inappropriate  underwriting   in  the                 
  insurance industry.                                                          
                                                                               
  (Tape Change, HFC 96-139, Side 2).                                           
                                                                               
  Senator  Donley  responded  to   Representative  Therriault,                 
  noting that it was inappropriate to use domestic violence as                 
  a classification of  people.  Insurance companies  should be                 
  allowed factual reasons for their rating determinations.                     
                                                                               
  Representative Brown  asked how  the language in  Subsection                 
  (b) would  be applied.  She understood  that language  would                 
  allow  discrimination  against  the abused  party  based  on                 
  medical conditions.  There could be  assigned a risk factor.                 
  Senator Donley  agreed that it  would if  those people  were                 
  treated  differently  than anyone  else.   He  stressed that                 
  domestic  violence  is  not  an  appropriate  reason  to  be                 
  discriminated against.                                                       
                                                                               
  Representative Parnell suggested  that Subsection (b)  would                 
  modify Subsection (a), stating that the provision of (a) may                 
  not  prevent  an  insurer  from  underwriting a  rating  for                 
  medical conditions.  It  would not be the  domestic violence                 
  relationship  that  would  be  underwritten but  rather  the                 
  medical condition.                                                           
                                                                               
  TERI  FRONSEN,  (TESTIFIED  VIA  TELECONFERENCE),  ATTORNEY,                 
  WOMEN'S LAW PROJECT,  PHILADELPHIA, PENNSYLVANIA,  testified                 
  as  a  consumer representative  for  the legal  and economic                 
  status of women.  She pointed out that she had represented a                 
  woman  in  Pennsylvania who  was  denied insurance  from two                 
  different  insurance  companies  because  of  a  "so-called"                 
  history  of  domestic   violence.    She  was   denied  life                 
  insurance,   health   insurance   and  mortgage   disability                 
  insurance.                                                                   
                                                                               
  In  a  1994  survey,  the  Commonwealth Fund  reported  four                 
  million battered women.   Calls  to sixteen major  insurance                 
  companies  in   the  United   States  revealed  that   eight                 
  considered  domestic violence  an  underwriting standard  in                 
  both  issuance  and  reading  of  policies.  Some  of  those                 
                                                                               
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  insurance  companies  have modified  their  policy following                 
  Congressman Shumer's efforts, although, they still  consider                 
  domestic violence a factor to be considered.   Companies are                 
  behaving on misperceptions about what domestic violence  is.                 
                                                                               
                                                                               
  Ms. Fronsen pointed  out that  women are  confined to  these                 
  circumstances for all sorts of reasons, including economics,                 
  housing, children, and  fear of retaliation.   Violence does                 
  not  leave when you leave  the household.  Domestic violence                 
  advocates have  worked hard  to educate  people to  the fact                 
  that  domestic  violence  is  a   crime.    Law  enforcement                 
  personnel have treated it as a private matter.  She stressed                 
  that it is a crime; and, under the law, it should be treated                 
  that way.   With respect  to insurance companies,  they also                 
  need  to know  that it  is  a crime.   It  is not  a medical                 
  condition.  She reiterated that it is a crime and should not                 
  be   used  as  a  basis  for  denying  or  treating  victims                 
  differently.                                                                 
                                                                               
  Ms.  Fronsen urged the  Committee to  move forward  with the                 
  proposed model legislation and support the bill.  [Testimony                 
  on file].                                                                    
                                                                               
  In response to Representative Martin's comment, Ms.  Fronsen                 
  noted  her  concern  regarding  confidentiality,  and   that                 
  information not be disseminated by  the insurance company in                 
  a  way to  cause  harm to  a victim.    In some  situations,                 
  information has  been provided  to the  batterer.   Insurers                 
  also provide  information to  data bases  that collect  risk                 
  information.                                                                 
                                                                               
  Ms.  Fronsen  noted that  it  was  not in  the  clients best                 
  interest to not record  the violence.  She pointed  out that                 
  the abused person may need to seek legal help.   The purpose                 
  of the legislation  is to  clarify that insurance  companies                 
  can not use information on domestic violence to take adverse                 
  insurance action.                                                            
                                                                               
  Discussion  followed  between Representative  Therriault and                 
  Ms. Fronsen  regarding  the  application  of  when  violence                 
  occurs within the  home.  The  law stipulates when there  is                 
  abuse.                                                                       
                                                                               
  LAUREE  HUGONIN,  EXECUTIVE   DIRECTOR,  ALASKA  NETWORK  ON                 
  DOMESTIC VIOLENCE AND SEXUAL ASSAULT, JUNEAU, explained that                 
  advocates working  to end violence against  women, encourage                 
  battered women to document their injuries by seeking medical                 
  care and by  requesting that violent  incidents be noted  in                 
  their medical records.                                                       
                                                                               
  Identification of abused women through routine screening and                 
                                                                               
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  accurate  diagnosis can break the  cycle of violence.  Early                 
  intervention can prevent or ameliorate many of the long-term                 
  health    and    social    consequences   associated    with                 
  victimization.                                                               
                                                                               
  Ms. Hugonin  continued, national health  initiatives require                 
  medical institutions to develop domestic violence protocols,                 
  plans for training and  improving their facilities  response                 
  to  domestic  violence.    Surveys  indicate that  insurance                 
  discrimination  against  victims  of  domestic  violence  is                 
  widespread.    An  informal  survey  by  the  staff  of  the                 
  Subcommittee on Crime and Criminal Justice of the U.S. House                 
  Judiciary Committee in 1994, found that eight out of sixteen                 
  of the largest insurers  in the country were using  domestic                 
  violence as a factor when deciding whether to issue a policy                 
  and how much to charge for that policy.                                      
                                                                               
  She concluded, it seems that the industry as  a whole is not                 
  interested or willing to look  at medical conditions without                 
  regard to cause.  The reality is that every woman is at risk                 
  of becoming a victim of domestic violence.  Just as their is                 
  no excuse  for domestic violence, there is  no excuse, legal                 
  or  otherwise,  for the  insurance  industry to  justify and                 
  continue the discriminatory practice.                                        
                                                                               
  MARCIA MCKENZIE,  PROGRAM COORDINATOR,  COUNCIL ON  DOMESTIC                 
  VIOLENCE AND SEXUAL  ASSAULT, JUNEAU, spoke to  the concerns                 
  that the Council on Domestic Violence and Sexual Assault has                 
  regarding  the  current  version of  the  legislation.   She                 
  advised  that the  confidentiality  protection for  domestic                 
  violence victims had  been removed.   A provision should  be                 
  added for coverage and  rating based on a medical  condition                 
  as  long  as  there  is no  discrimination.    Ms.  McKenzie                 
  stressed that violent  behavior was criminal  and deliberate                 
  and that  abuse received  was not  the result  of a  medical                 
  condition.                                                                   
                                                                               
  (Tape Change, HFC 96-140, Side 1).                                           
                                                                               
  She  added,   the  Council  was  concerned   that  insurance                 
  companies would not  be responsible to inform  the applicant                 
  why  they had  been  denied coverage.    Ms. McKenzie  urged                 
  Committee  members  to  amend  the  bill  to  reinstate  the                 
  provisions of confidentiality,  prohibiting the  "so-called"                 
  non-discriminatory consideration of  medical conditions  and                 
  requiring the insurers  to inform  applicants of the  reason                 
  coverage would be denied.                                                    
                                                                               
  CS  SB   197  (L&C)  was  HELD  in   Committee  for  further                 
  consideration.                                                               

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