00HOUSE CS FOR CS 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)  The provisions of (a) of this section may not prevent an insurer from                                            
12 underwriting or rating for a medical condition, including a medical condition resulting                                 
13 from domestic violence, in the same manner as it would for an insured or applicant                                      
14 who is not a victim of domestic violence.                                                                               

01  Sec. 21.36.440. REQUIRED DISCLOSURE FOR FAILURE TO PROVIDE                                                            
02 COVERAGE TO AN APPLICANT.  An insurer who refuses to provide insurance                                                  
03 coverage to an applicant initially applying for insurance shall                                                         
04   (1)  inform the applicant that the applicant has a right to know the                                                 
05 reason for the refusal; and                                                                                             
06   (2)  upon receipt of a written request from the applicant, provide a                                                 
07 written explanation of the refusal to the applicant.                                                                    
08  Sec. 21.36.450.  DEFINITION.  In AS 21.36.430 - 21.36.440, "insurer"                                                  
09 includes                                                                                                                
10   (1)  an insurer, as defined in AS 21.90.900;                                                                         
11   (2)  a group health plan, as defined in 29 U.S.C. 1167(1) (Employee                                                  
12 Retirement Income Security Act of 1974);                                                                                
13   (3)  a health maintenance organization, as defined in AS 21.86.900;                                                  
14   (4)  a hospital service corporation or medical service corporation, as                                               
15 defined in AS 21.87.330;                                                                                                
16   (5)  a writing carrier, as defined in AS 21.55.500; and                                                              
17   (6)  an entity offering a service benefit plan, as referred to in 42 U.S.C.                                          
18 1396g-1.                                                                                                                
19    * Sec. 2.  This Act applies to a policy of insurance that is entered into or renewed on or                           
20 after the effective date of this Act.