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Title V — Insurance protections and support for survivors of domestic violence, dating violence, sexual assault, or stalking

S. 627 · 116th Congress · Feb 28, 2019 · Lineage

V Insurance protections and support for survivors of domestic violence, dating violence, sexual assault, or stalking

A Insurance protections

Sec. 501 Definitions

In this title:
(1)
Abuser— The term abuser means the person who commits an act of domestic violence, dating violence, sexual assault, or stalking against a survivor of domestic violence, dating violence, sexual assault, or stalking.
(2)
Dating violence; domestic violence; sexual assault; stalking— The terms dating violence, domestic violence, sexual assault, and stalking have the meanings given such terms in section 201.
(3)
Insured— The term insured means a party named on a policy, certificate, or health benefit plan, including an individual, a corporation, a partnership, an association, an 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. 1002(3)). The term also includes health insurance issuers, as defined by section 2791 of the Public Health Service Act (42 U.S.C. 300gg–91), 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)
Survivor of domestic violence, dating violence, sexual assault, or stalking— The term survivor of domestic violence, dating violence, sexual assault, or stalking has the meaning given such term in section 201.
(7)
Survivor services organization— The term survivor services organization has the meaning given such term in section 201.

Sec. 502 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 a survivor of domestic violence, dating violence, sexual assault, or stalking or has incurred or may incur claims related to domestic violence, dating violence, sexual assault, or stalking:
(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 survivor of domestic violence, dating violence, sexual assault, or stalking if the claim for payment is a result of such violence, assault, or stalking.
(c)
Prohibition on termination—
(1)
In general— No insurer may terminate health coverage for a survivor of domestic violence, dating violence, sexual assault, or stalking because coverage was originally issued in the name of the abuser and the abuser has divorced, separated from, or lost custody of the survivor or the survivor's coverage has terminated voluntarily or involuntarily and the survivor 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 survivor of domestic violence, dating violence, sexual assault, or stalking pay the full premium for the survivor's coverage under the health plan if the requirements are applied to all insured of the insurer.
(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 survivor of domestic violence, dating violence, sexual assault, or stalking 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 survivors of domestic violence, dating violence, sexual assault, or stalking, no person employed by or contracting with an insurer or health benefit plan may (without the consent of the survivor)—
(i)
use, disclose, or transfer information relating to domestic violence, dating violence, sexual assault, or stalking status, acts of such violence, assault, or stalking, medical conditions related to domestic violence, dating violence, sexual assault, or stalking, or the applicant’s or insured’s status as a family member, employer, associate, or person in a relationship with a survivor of domestic violence, dating violence, sexual assault, or stalking 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 survivors of domestic violence, dating violence, sexual assault, or stalking, 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 survivor of domestic violence, dating violence, sexual assault, or stalking.
(B)
Rule of construction— Nothing in this paragraph may be construed to limit or preclude a survivor of domestic violence, dating violence, sexual assault, or stalking from obtaining the survivor’s own insurance records from an insurer.
(2)
Authority of survivors— A survivor of domestic violence, dating violence, sexual assault, or stalking, at the absolute discretion of the survivor, may provide evidence of domestic violence, dating violence, sexual assault, or stalking to an insurer for the limited purpose of facilitating treatment of a condition related to such violence, assault, or stalking or demonstrating that a condition is related to such violence, assault, or stalking. Nothing in this paragraph shall be construed as authorizing an insurer to disregard such provided evidence.

Sec. 503 Insurance protocols for survivors of domestic violence, dating violence, sexual assault, or stalking

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 survivor of domestic violence, dating violence, sexual assault, or stalking and otherwise implementing this subtitle when taking an application, investigating a claim, or taking any other action relating to a policy or claim involving a survivor of domestic violence, dating violence, sexual assault, or stalking.

Sec. 504 Reasons for adverse actions

An insurer that takes an action that adversely affects a survivor of domestic violence, dating violence, sexual assault, or stalking shall advise the applicant or insured who is the survivor of domestic violence, dating violence, sexual assault, or stalking 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. 505 Life insurance

Nothing in this subtitle 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 domestic violence, dating violence, sexual assault, or stalking against the proposed insured.

Sec. 506 Subrogation without consent prohibited

Subrogation of claims resulting from domestic violence, dating violence, sexual assault, or stalking is prohibited without the informed consent of the survivor of domestic violence, dating violence, sexual assault, or stalking.

Sec. 507 Enforcement

(a)
Federal Trade Commission— Any act or practice prohibited by this subtitle 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 subtitle 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 subtitle, 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 subtitle 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. 508 Applicability

This subtitle shall apply with respect to any action taken after the enactment of this Act.

B Supporting and empowering survivors

Sec. 511 Study and reports on barriers to survivors’ economic security access

(a)
HHS Study— The Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall conduct a study on the barriers that survivors of domestic violence, dating violence, sexual assault, or stalking throughout the United States experience in maintaining economic security as a result of issues related to domestic violence, dating violence, sexual assault, or stalking.
(b)
Reports— Not later than January 1, 2021, and every five years thereafter, the Secretary of Health and Human Services, in consultation with the Secretary of Labor, shall submit a report to Congress on the study conducted under subsection (a).
(c)
Contents— The study and reports under this section shall include—
(1)
identification of geographic areas in which State laws, regulations, and practices have a strong impact on the ability of survivors of domestic violence, dating violence, sexual assault, or stalking to exercise—
(A)
any rights under this Act without compromising personal safety or the safety of others, including family members and excluding the abuser; and
(B)
other components of economic security;
(2)
identification of geographic areas with shortages in resources for such survivors, with an accompanying analysis of the extent and impact of such shortage;
(3)
analysis of factors related to industries, workplace settings, employer practices, trends, and other elements that impact the ability of such survivors to exercise any rights under this Act without compromising personal safety or the safety of others, including family members;
(4)
the recommendations of the Secretary of Health and Human Services and the Secretary of Labor with respect to resources, oversight, and enforcement tools to ensure successful implementation of the provisions of this Act in order to support the economic security and safety of survivors of domestic violence, dating violence, sexual assault, or stalking; and
(5)
best practices for States, employers, health carriers, insurers, and other private entities in addressing issues related to domestic violence, dating violence, sexual assault, or stalking.
(d)
GAO Study— Not later than 18 months after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that examines, with respect to survivors of domestic violence, dating violence, sexual assault, or stalking who are or were enrolled at institutions of higher education and have Federal student loan debt, each of the following:
(1)
The implications of domestic violence, dating violence, sexual assault, or stalking on a borrower’s ability to repay their Federal student loans.
(2)
The adequacy of current policies and procedures regarding Federal loan deferment, forbearance, and grace periods when a survivor has to suspend or terminate their enrollment at an educational institution due to domestic violence, dating violence, sexual assault, or stalking.
(3)
The adequacy of current institutional policies and practices regarding retention or transfer of credits when a survivor has to suspend or terminate their enrollment at an educational institution due to domestic violence, dating violence, sexual assault, or stalking.
(4)
The availability or any options for a survivor of domestic violence, dating violence, sexual assault, or stalking who attended institutions of higher education that committed unfair, deceptive, or abusive acts or practices, or otherwise substantially misrepresented information to students, to be able to seek a defense to repayment of their loan.
(5)
The limitations faced by a survivor of domestic violence, dating violence, sexual assault, or stalking to obtain any relief or restitution on their student loan debt due to the use of forced arbitration, gag orders, or bans on class actions.

Sec. 512 Domestic violence, dating violence, sexual assault, and stalking education and information programs for survivors

(a)
Definitions— In this section, the terms employ, employee, employer, and State have the meanings given such terms in section 201.
(b)
Public education program—
(1)
In general— The Secretary of Labor, in conjunction with the Secretary of Health and Human Services (through the Director of the Centers for Disease Control and Prevention and the grant recipient carrying out the National Resource Center on Domestic Violence) and the Attorney General (through the Principal Deputy Director of the Office on Violence Against Women), shall coordinate and provide for a national public outreach and education campaign to raise public awareness of domestic violence, dating violence, sexual assault, and stalking, including outreach and education for employers, service providers, teachers, and other key partners.
(2)
Dissemination— The Secretary of Labor, in conjunction with the Secretary of Health and Human Services and the Attorney General, as described in paragraph (1), may disseminate information through the public outreach and education campaign on the resources and rights referred to in this subsection directly or through arrangements with health agencies, professional and nonprofit organizations, consumer groups, labor organizations, institutions of higher education, clinics, the media, and Federal, State, and local agencies.
(3)
Information— The information disseminated under paragraph (2) shall include, at a minimum, a description of—
(A)
the resources and rights that are—
(i)
available to survivors of domestic violence, dating violence, sexual assault, or stalking; and
(ii)
established in this Act and the Violence Against Women Act of 1994 (34 U.S.C. 12291 et seq.);
(B)
guidelines and best practices on prevention of domestic violence, dating violence, stalking, and sexual assault;
(C)
resources that promote healthy relationships and communication skills;
(D)
resources that encourage bystander intervention in a situation involving domestic violence, dating violence, stalking, or sexual assault;
(E)
resources that promote workplace policies that support and help maintain the economic security of survivors of domestic violence, dating violence, sexual assault, or stalking; and
(F)
resources and rights that the heads of Federal agencies described in paragraph (2) determine are appropriate to include.
(c)
Information program for employers—
(1)
In general— The Secretary of Labor and the Secretary of Health and Human Services, in consultation with major women's advocacy groups and medical and public health organizations, shall develop and disseminate to employers information on the entitlement of survivors of domestic violence, dating violence, sexual assault, or stalking to safe leave under title II.
(2)
Information— The information disseminated under paragraph (1) shall include, at a minimum—
(A)
information describing employers’ responsibilities and employees’ rights under title II;
(B)
recommendations for carrying out those responsibilities and providing for those rights;
(C)
recommendations for supporting employees when the employees seek safe leave under title II;
(D)
information on best practices for supporting survivors of domestic violence, dating violence, sexual assault, or stalking;
(E)
information on best practices for preventing domestic violence, dating violence, sexual assault, and stalking; and
(F)
information explaining how to obtain additional copies of the information developed under paragraph (1) for distribution to the employees.
(d)
Study on workplace responses— The Secretary of Labor, in conjunction with the Secretary of Health and Human Services, shall conduct a study on the status of workplace responses to employees who experience domestic violence, dating violence, sexual assault, or stalking while employed, in each State and nationally, to improve the access of survivors of domestic violence, dating violence, sexual assault, or stalking to supportive resources and economic security.
(e)
Authorization of appropriations— There are authorized to be appropriated to carry out this section, such sums as may be necessary for each of fiscal years 2020 through 2024.

Sec. 513 Investing in public health infrastructure to improve support for survivors

Section 303(c) of the Family Violence Prevention and Services Act (42 U.S.C. 10403(c)) is amended by striking “314” and all that follows and inserting “314 $15,000,000 for each of fiscal years 2020 through 2024.”.

Sec. 514 Financial literacy and advocacy for survivors of domestic violence, dating violence, sexual assault, or stalking

(a)
Eligible entity defined— In this section, the term eligible entity means an entity that is—
(1)
a State or tribal domestic violence coalition or sexual assault coalition, consistent with this Act;
(2)
a State or local survivor services organization; or
(3)
an organization with demonstrated expertise in providing financial literacy support and advocacy services, but only if such organization will provide such support and services in partnership with an entity described in paragraph (1) or (2).
(b)
Grants authorized— The Secretary of Health and Human Services is authorized to award competitive grants to eligible entities to—
(1)
develop and disseminate a model program, and related materials, for providing financial literacy support and advocacy services to survivors of domestic violence, dating violence, sexual assault, or stalking, and such support and services shall take place in national resource centers, established and operated under section 41501 of the Violence Against Women Act of 1994 (34 U.S.C. 12501); and
(2)
provide technical assistance with respect to such model program.
(c)
Applications— An eligible entity seeking a grant under this section shall submit an application to the Secretary of Health and Human Services at such time, in such form and manner, and containing such information as the Secretary specifies.
(d)
Reports to Congress— The Secretary of Health and Human Services shall annually submit a report to Congress on the grant program established under this section.
(e)
Authorization of appropriations—
(1)
Authorization— There is authorized to be appropriated $1,000,000 for fiscal year 2020 to carry out this section.
(2)
Three-year availability of grant funds— Not later than three years after the date on which a grant is awarded under this section, the recipient of such grant shall return to the Secretary of Health and Human Services any unused portion of such grant, together with any earnings on such unused portion.