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Title V — Insurance protections and support for victims of a qualifying act of violence

S. 4635 · 119th Congress · May 21, 2026 · Lineage

V Insurance protections and support for victims of a qualifying act of violence

A Insurance protections

Sec. 501 Definitions

In this title:
(1)
Abuser— The term abuser means the individual who commits a qualifying act of violence.
(2)
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.
(3)
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(b) of the Public Health Service Act (42 U.S.C. 300gg–91(b)), health benefit plans, and life, disability, and property and casualty insurers.
(4)
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.

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

Sec. 503 Insurance protocols for victims of a qualifying act of violence

Each insurer 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 victim of a qualifying act of violence 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 victim of a qualifying act of violence.

Sec. 504 Reasons for adverse actions

An insurer that takes an action that adversely affects a victim of a qualifying act of violence shall advise the applicant or insured who is the victim of a qualifying act of violence 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 a qualifying act of violence against the proposed insured.

Sec. 506 Subrogation without consent prohibited

Subrogation of claims resulting from a qualifying act of violence is prohibited without the informed consent of the victim of a qualifying act of violence.

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 victims

Sec. 511 Qualifying acts of violence education and information programs for victims

(a)
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, including culturally appropriate materials, to raise public awareness of qualifying acts of violence, 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 victims of qualifying acts of violence; 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 qualifying acts of violence;
(C)
resources that promote healthy relationships and communication skills;
(D)
resources that encourage bystander intervention in a situation involving qualifying acts of violence;
(E)
resources that promote workplace policies that support and help maintain the economic security of victims of qualifying acts of violence; and
(F)
resources and rights that the heads of Federal agencies described in paragraph (2) determine are appropriate to include.
(b)
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 victims of a qualifying act of violence 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 victims of a qualifying act of violence;
(E)
information on best practices for preventing qualifying acts of violence; and
(F)
information explaining how to obtain additional copies of the information developed under paragraph (1) for distribution to the employees.
(c)
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 a qualifying act of violence while employed, in each State and nationally, to improve the access of victims of a qualifying act of violence to supportive resources and economic security.
(d)
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 2027 through 2031.

Sec. 512 Investing in public health infrastructure to improve support for victims

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 2027 through 2031.”.