IC 27-8-24.3
    Chapter 24.3. Insurance and Health Plan Coverage for Victims ofAbuse

IC 27-8-24.3-1
Applicability of chapter
    Sec. 1. This chapter applies to every:
        (1) policy of accident and sickness insurance (as described inIC 27-8-5-1), whether written on an individual basis, a groupbasis, a franchise basis, a blanket basis, or under a preferredprovider plan (as defined in IC 27-8-11-1);
        (2) group contract (as defined in IC 27-13-1-16) or individualcontract (as defined in IC 27-13-1-21) through which a healthmaintenance organization furnishes health care services; and
        (3) policy of life insurance or disability insurance describedunder Class 1 of IC 27-1-5-1.
As added by P.L.188-1996, SEC.2.

IC 27-8-24.3-2
"Abuse" defined
    Sec. 2. As used in this chapter, "abuse" refers to the occurrence ofone (1) or more of the following acts between family members orcurrent or former household members:
        (1) Attempting to cause or intentionally, knowingly, orrecklessly causing bodily injury to, physical harm to, sexualassault on, involuntary sexual intercourse with, or rape ofanother individual.
        (2) Knowingly engaging in a course of conduct or repeatedlycommitting acts, including stalking (as defined inIC 35-45-10-1) or impermissible contact (as defined inIC 35-45-10-3), under circumstances that place the individualtoward whom such acts are directed in reasonable fear of bodilyinjury or physical harm.
        (3) Subjecting another individual to false imprisonment.
        (4) Attempting to cause or intentionally, knowingly, orrecklessly causing damage to property in order to intimidate orattempt to control the behavior of another individual.
As added by P.L.188-1996, SEC.2.

IC 27-8-24.3-3
"Individual" defined
    Sec. 3. As used in this chapter, "individual" means a naturalperson whether adult or minor.
As added by P.L.188-1996, SEC.2.

IC 27-8-24.3-4
"An insurance policy or a health plan" defined
    Sec. 4. As used in this chapter, "an insurance policy or a healthplan" refers to an insurance policy or a health maintenanceorganization contract described in section 1 of this chapter.As added by P.L.188-1996, SEC.2.

IC 27-8-24.3-5
"Insurer" defined
    Sec. 5. As used in this chapter, "insurer" means a company, afirm, a partnership, an association, an order, a society, or a system:
        (1) making any of the kinds of insurance; or
        (2) entering into any of the kinds of contracts;
described in section 1 of this chapter.
As added by P.L.188-1996, SEC.2.

IC 27-8-24.3-6
Prohibited acts by insurer
    Sec. 6. Except as provided in sections 7 and 8 of this chapter, aninsurer may not do any of the following:
        (1) Deny or refuse to issue coverage on, refuse to contract with,or refuse to renew, refuse to reissue, or otherwise terminate orrestrict coverage on an individual under an insurance policy ora health plan because the individual:
            (A) has been, is, or has the potential to be a victim of abuse;or
            (B) seeks, has sought, or should have sought protection fromabuse, shelter from abuse, or medical or psychologicaltreatment for abuse.
        (2) Add any surcharge or rating factor to a premium of aninsurance policy or a health plan because an individual:
            (A) has a history of being;
            (B) is; or
            (C) has the potential to be;
        a victim of abuse.
        (3) Exclude or limit coverage for losses or deny a claimincurred by a person covered by an insurance policy or a healthplan as a result of abuse or the potential for abuse.
        (4) Designate that if an individual:
            (A) has a history of being a victim of abuse; or
            (B) is a victim of abuse;
        the abuse is a preexisting condition that causes coverage to bedenied for a specified period.
        (5) Ask an individual covered by or applying for an insurancepolicy or a health plan if the individual:
            (A) is, has been, or may be a victim of abuse; or
            (B) seeks, has sought, or should have sought protection fromabuse, shelter from abuse, or medical or psychologicaltreatment for abuse.
As added by P.L.188-1996, SEC.2.

IC 27-8-24.3-7
Insurer may adjust premiums
    Sec. 7. This chapter does not prohibit an insurer from adjustingpremiums of an individual applying for or covered by an insurance

policy described in Class 1(a) of IC 27-1-5-1 on the basis that theindividual has a physical or mental condition or medical claimshistory.
As added by P.L.188-1996, SEC.2.

IC 27-8-24.3-8
Underwriting or rating risk on basis of physical or mentalcondition caused by abuse
    Sec. 8. This chapter does not prohibit an insurer from inquiringabout, underwriting, or rating a risk on the basis of a physical ormental condition, even if that condition has been caused by abuse if:
        (1) the insurer routinely underwrites or charges a different ratefor that condition in the same manner with respect to allindividuals who apply for or are covered by an insurance policyor a health plan regardless of whether the individual has beenthe victim of abuse;
        (2) the individual's status as being, having been, or having thepotential to be the subject of abuse is not considered to be aphysical or mental condition;
        (3) the insurer does not:
            (A) refuse to insure or refuse to contract with;
            (B) refuse to continue to insure or refuse to continue tocontract with;
            (C) limit the amount, extent, or coverage available; or
            (D) charge a different rate for the same coverage;
        solely because of a physical or mental condition, except wherethe refusal, limitation, or rate differential is based on soundactuarial principles or is related to actuarial or reasonablyanticipated experience; and
        (4) the underwriting or rating is not used to evade the intent ofthis chapter.
As added by P.L.188-1996, SEC.2.

IC 27-8-24.3-9
Violations
    Sec. 9. A violation of this chapter is an unfair and deceptive actand practice in the business of insurance under IC 27-4-1-4.
As added by P.L.188-1996, SEC.2.

IC 27-8-24.3-10
Immunity from liability
    Sec. 10. An insurer is immune from civil and criminal liability forany damages caused as a result of the insurer's compliance with thischapter.
As added by P.L.188-1996, SEC.2.