Sec. 8. This chapter does not prohibit an insurer from inquiring about, underwriting, or rating a risk on the basis of a physical or mental condition, even if that condition has been caused by abuse if:

(1) the insurer routinely underwrites or charges a different rate for that condition in the same manner with respect to all individuals who apply for or are covered by an insurance policy or a health plan regardless of whether the individual has been the victim of abuse;

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Terms Used In Indiana Code 27-8-24.3-8

  • abuse: refers to the occurrence of one (1) or more of the following acts between family members or current or former household members:

    Indiana Code 27-8-24.3-2

  • an insurance policy or a health plan: refers to an insurance policy or a health maintenance organization contract described in section 1 of this chapter. See Indiana Code 27-8-24.3-4
  • Contract: A legal written agreement that becomes binding when signed.
  • individual: means a natural person whether adult or minor. See Indiana Code 27-8-24.3-3
  • insurer: means a company, a firm, a partnership, an association, an order, a society, or a system:

    Indiana Code 27-8-24.3-5

(2) the individual’s status as being, having been, or having the potential to be the subject of abuse is not considered to be a physical 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 to contract 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 where the refusal, limitation, or rate differential is based on sound actuarial principles or is related to actuarial or reasonably anticipated experience; and

(4) the underwriting or rating is not used to evade the intent of this chapter.

As added by P.L.188-1996, SEC.2.

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