00CS FOR SENATE BILL NO. 197(L&C)                                                                                         
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;                                                             
06 RECORDS.  (a) An insurer may not (1) refuse to issue or renew insurance coverage;                                       
07 (2) cancel an existing policy of insurance; (3) deny a covered claim; or (4) increase                                   
08 the premium on an insurance policy if the refusal, cancellation, denial, or increase                                    
09 results only from the fact that the applicant or insured was a victim of domestic                                       
10 violence.                                                                                                               
11  (b)  Records maintained by an insurer that reflect the fact that the insured was                                      
12 a victim of domestic violence are confidential and may not be disclosed by an insurer,                                  
13 except with the permission of the applicant or the insured or as required by a court of                                 
14 competent jurisdiction.                                                                                                 

01  Sec. 21.36.440.  REQUIRED DISCLOSURE.  An insurer who refuses to                                                      
02 provide insurance coverage to an applicant or insured, or who cancels existing                                          
03 coverage shall provide a written explanation of the refusal or cancellation to the                                      
04 applicant or insured.                                                                                                   
05  Sec. 21.36.450.  DEFINITION.  In AS 21.36.430 - 21.36.440, "insurer"                                                  
06 includes                                                                                                                
07   (1)  an insurer, as defined in AS 21.90.900;                                                                         
08   (2)  a group health plan, as defined in 29 U.S.C. 1167(1) (Employee                                                  
09 Retirement Income Security Act of 1974);                                                                                
10   (3)  a health maintenance organization, as defined in AS 21.86.900;                                                  
11   (4)  a hospital service corporation or medical service corporation, as                                               
12 defined in AS 21.87.330;                                                                                                
13   (5)  a writing carrier, as defined in AS 21.55.500; and                                                              
14   (6)  an entity offering a service benefit plan, as referred to in 42 U.S.C.                                          
15 1396g-1.                                                                                                                
16    * Sec. 2.  This Act applies to a policy of insurance that is entered into or renewed on or                           
17 after the effective date of this Act.