56-8-305 - Permissible actions by insurers. - Tennessee Statutes

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Statutes > Tennessee > Title-56 > Chapter-8 > Part-3 > 56-8-305

56-8-305. Permissible actions by insurers.

Underwriting in accordance with the standards set forth in this section shall be deemed not to be a violation of this part. Upon request of the commissioner, a health carrier or insurer of an individual or group policy that has taken an action that adversely affects a subject of abuse on the basis of an abuse-related medical condition must explain the reason for its action to the commissioner in writing and must be able to demonstrate that its action:

(1) Does not have the purpose or effect of treating abuse status as a medical condition or underwriting criterion;

(2) Is otherwise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar medical condition without regard to whether the condition or claim is abuse-related; and

(3) Is based on a determination, made in conformance with actual or reasonably anticipated actuarial experience.

[Acts 1996, ch. 723, § 4.]

State Codes and Statutes

Statutes > Tennessee > Title-56 > Chapter-8 > Part-3 > 56-8-305

56-8-305. Permissible actions by insurers.

Underwriting in accordance with the standards set forth in this section shall be deemed not to be a violation of this part. Upon request of the commissioner, a health carrier or insurer of an individual or group policy that has taken an action that adversely affects a subject of abuse on the basis of an abuse-related medical condition must explain the reason for its action to the commissioner in writing and must be able to demonstrate that its action:

(1) Does not have the purpose or effect of treating abuse status as a medical condition or underwriting criterion;

(2) Is otherwise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar medical condition without regard to whether the condition or claim is abuse-related; and

(3) Is based on a determination, made in conformance with actual or reasonably anticipated actuarial experience.

[Acts 1996, ch. 723, § 4.]

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State Codes and Statutes

Statutes > Tennessee > Title-56 > Chapter-8 > Part-3 > 56-8-305

56-8-305. Permissible actions by insurers.

Underwriting in accordance with the standards set forth in this section shall be deemed not to be a violation of this part. Upon request of the commissioner, a health carrier or insurer of an individual or group policy that has taken an action that adversely affects a subject of abuse on the basis of an abuse-related medical condition must explain the reason for its action to the commissioner in writing and must be able to demonstrate that its action:

(1) Does not have the purpose or effect of treating abuse status as a medical condition or underwriting criterion;

(2) Is otherwise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar medical condition without regard to whether the condition or claim is abuse-related; and

(3) Is based on a determination, made in conformance with actual or reasonably anticipated actuarial experience.

[Acts 1996, ch. 723, § 4.]