§432D-27  Policies relating to domestic
abuse cases.  (a)  No health maintenance organization shall deny or refuse
to accept an application for insurance, refuse to insure, refuse to renew,
cancel, restrict, or otherwise terminate a policy of insurance, or charge a
different rate for the same coverage, on the basis that the applicant or
enrollee is, has been, or may be a victim of domestic abuse.



(b)  Nothing in this section shall prevent a
health maintenance organization from taking any of the actions set forth in
subsection (a) on the basis of loss history or medical condition, or for any
other reason not otherwise prohibited by this section or any other law,
regulation, or rule.



(c)  Any form filed or filed after July 15,
1998 or subject to a rule adopted under chapter 91 may exclude coverage for
losses caused by intentional or fraudulent acts of any enrollee.



(d)  Nothing in this section prohibits a health
maintenance organization from investigating a claim and complying with chapter
432D.



(e)  As used in this section, "domestic
abuse" means:



(1)  Physical harm, bodily injury, assault, or the
infliction of fear of imminent physical harm, bodily injury, or assault between
family or household members;



(2)  Sexual assault of one family or household member
by another;



(3)  Stalking of one family or household member by
another family or household member; or



(4)  Intentionally, knowingly, or recklessly causing
damage to property so as to intimidate or attempt to control the behavior of
another household member. [L 1998, c 171, §5; am L 2004, c 122, §92]



 



Revision Note



 



  "July 15, 1998" substituted for "the effective
date of this section".