Full Text of HB0228 102nd General Assembly
HB0228ham001 102ND GENERAL ASSEMBLY | Rep. Rita Mayfield Filed: 4/13/2021
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| 1 | | AMENDMENT TO HOUSE BILL 228
| 2 | | AMENDMENT NO. ______. Amend House Bill 228 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Insurance Code is amended by | 5 | | changing Section 236 as follows:
| 6 | | (215 ILCS 5/236) (from Ch. 73, par. 848)
| 7 | | Sec. 236. Discrimination prohibited.
| 8 | | (a) No life company doing business in this State shall | 9 | | make or permit any
distinction or discrimination in favor of | 10 | | individuals among insured
persons of the same class and equal | 11 | | expectation of life in the issuance
of its policies, in the | 12 | | amount of
payment of premiums or rates charged for policies of | 13 | | insurance, in the
amount of any dividends or other benefits | 14 | | payable thereon, or in any
other of the terms and conditions of | 15 | | the contracts it makes.
| 16 | | (b) No life company shall make or permit any distinction |
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| 1 | | or discrimination
against individuals
with disabilities in
the | 2 | | amount of payment
of premiums or rates charged for policies of | 3 | | life insurance, in the amount
of any dividends or death | 4 | | benefits payable thereon, or in any other terms
and conditions | 5 | | of the contract it makes unless the rate differential is
based | 6 | | on sound actuarial principles and a reasonable system of | 7 | | classification
and is related to actual or reasonably | 8 | | anticipated experience directly
associated with the | 9 | | disability.
| 10 | | (c) No life company shall refuse to insure, or refuse to | 11 | | continue to insure,
or limit the amount or extent or kind of | 12 | | coverage available to an
individual, or charge an individual a | 13 | | different rate for the same coverage
solely because of | 14 | | blindness or partial blindness. With respect to all
other | 15 | | conditions, including the underlying cause of the blindness or
| 16 | | partial blindness, persons who are blind or partially blind | 17 | | shall be
subject to the same standards of sound actuarial | 18 | | principles or actual or
reasonably anticipated experience as | 19 | | are sighted persons. Refusal to
insure includes denial by an | 20 | | insurer of disability insurance coverage on
the grounds that | 21 | | the policy defines "disability" as being presumed in the
event | 22 | | that the insured loses his or her eyesight. However, an | 23 | | insurer may
exclude from coverage disabilities consisting | 24 | | solely of blindness or
partial blindness when such condition | 25 | | existed at the time the policy was issued.
| 26 | | (d) No life company shall refuse to insure or to continue |
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| 1 | | to insure an
individual solely because of the individual's | 2 | | status as a member of the
United States Air Force, Army, Coast | 3 | | Guard, Marines, or Navy or solely because
of the individual's | 4 | | status as a member
of the National Guard or Armed Forces | 5 | | Reserve.
| 6 | | (e) An insurer or producer authorized to issue policies of | 7 | | insurance in this State may not make a distinction or | 8 | | otherwise discriminate between persons, reject an applicant, | 9 | | cancel a policy, or demand or require a higher rate of premium | 10 | | for reasons based solely upon an applicant's or insured's past | 11 | | lawful travel experiences or future lawful travel plans. This | 12 | | subsection (e) does not prohibit an insurer or producer from | 13 | | excluding or limiting coverage under a policy or refusing to | 14 | | offer the policy based upon past lawful travel or future | 15 | | lawful travel plans or from charging a different rate for that | 16 | | coverage when that action is based upon sound actuarial | 17 | | principles or is related to actual or reasonably expected | 18 | | experience and is not based solely on the destination's | 19 | | inclusion on the United States Department of State's travel | 20 | | warning list. | 21 | | (f) No life company authorized to issue life insurance | 22 | | final expense policies in this State shall refuse to insure, | 23 | | refuse to continue to insure, limit the amount, extent, or | 24 | | kind of coverage available to, or charge an individual a | 25 | | different rate for the same coverage solely on the basis that | 26 | | an insured or applicant has been convicted of a felony. |
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| 1 | | Nothing in this subsection shall be construed to require a | 2 | | life company to issue or otherwise provide coverage for a life | 3 | | insurance policy to a person who is actively incarcerated | 4 | | pursuant to a felony conviction. As used in this subsection, | 5 | | "final expense policy" means a policy marketed and sold | 6 | | exclusively to cover costs associated with funeral and burial | 7 | | expenses. | 8 | | (Source: P.A. 99-143, eff. 7-27-15.)".
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