Insurance Fairness for First Responders Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 1832 To establish minimum standards relating to a factor for life insurance eligibility and rates, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 18, 2019 Mr. PAPPAS (for himself, Mr. KING of New York, Mr. TRONE, Mr. ROSE of New York, Ms. DEAN, Ms. SPEIER, and Mr. COX of California) intro- duced the following bill; which was referred to the Committee on Finan- cial Services A BILL To establish minimum standards relating to a factor for life insurance eligibility and rates, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Insurance Fairness 4 for First Responders Act of 2019’’. 5 SEC. 2. FAIRNESS FOR LIFE INSURANCE PURCHASERS. 6 Title V of the Dodd-Frank Wall Street Reform and 7 Consumer Protection Act (15 U.S.C. 8201 et seq.) is 8 amended by adding at the end the following new subtitle: 9 VerDate Sep 11 2014 19:02 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1832.IH H1832 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1832 IH ‘‘Subtitle C—Fairness for Life 1 Insurance Purchasers 2 ‘‘SEC. 551. PROHIBITION AGAINST DISCRIMINATION IN LIFE 3 INSURANCE POLICIES BASED ON POSSES- 4 SION OF NALOXONE. 5 ‘‘(a) IN GENERAL.—It shall be unlawful for any in- 6 surer to deny any person life insurance, or to otherwise 7 discriminate in the issuance, cancellation, amount of cov- 8 erage, or conditions of life insurance, based upon the law- 9 ful possession by such person of naloxone pursuant to a 10 standing order for the dispensing of naloxone to a health 11 care professional or first responder issued by an agency 12 of a State or unit of general local government. 13 ‘‘(b) INSURANCE RATES.—It shall be unlawful for 14 any insurer to charge rates for life insurance which are 15 excessive or unfairly discriminatory in relation to the actu- 16 arial risk associated with the lawful possession by such 17 person of naloxone pursuant to a standing order for the 18 dispensing of naloxone to a health care professional or 19 first responder issued by an agency of a State or unit of 20 general local government. 21 ‘‘SEC. 552. ADMINISTRATIVE ENFORCEMENT. 22 ‘‘(a) STATE ENFORCEMENT.—In addition to such 23 other remedies as are provided under State law, the chief 24 law enforcement officer of a State, or an official or agency 25 VerDate Sep 11 2014 19:02 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1832.IH H1832 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1832 IH designated by a State, may bring an action to enjoin any 1 person who has violated or is violating this subtitle. 2 ‘‘(b) ENFORCEMENT BY SECRETARY.—The Secretary 3 of the Treasury shall enforce this subtitle in any State 4 that the Secretary determines does not have a comparable 5 State law or a law that the Secretary has determined is 6 not inconsistent under section 553. 7 ‘‘SEC. 553. EFFECT ON STATE LAWS. 8 ‘‘(a) IN GENERAL.—This subtitle does not annul, 9 alter, or affect, or exempt any insurer subject to the provi- 10 sions of this subtitle from complying with the laws of any 11 State with respect to the use of lawful possession by such 12 person of naloxone pursuant to a standing order for the 13 dispensing of naloxone to a health care professional or 14 first responder issued by an agency of a State or unit of 15 general local government for the purposes of underwriting 16 or rating life insurance except to the extent that such laws 17 are inconsistent with any provision of this subtitle and 18 then only to the extent of the inconsistency. The Secretary 19 may determine whether such inconsistencies exist. The 20 Secretary may not determine that any State law is incon- 21 sistent with any provision of this subtitle if the Secretary 22 determines that such law gives greater protection to the 23 insured. 24 VerDate Sep 11 2014 19:02 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1832.IH H1832 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1832 IH ‘‘(b) STATE EXEMPTIONS.—The Secretary shall, by 1 regulation, exempt from the requirements of this subtitle 2 any class of insurance transactions within any State if the 3 Secretary determines that under the law of that State that 4 class of transaction is subject to requirements substan- 5 tially similar to those imposed under this subtitle or that 6 such law gives greater protection to the consumer, and 7 that there is adequate provision for enforcement. 8 ‘‘SEC. 554. DEFINITIONS. 9 ‘‘For purposes of this subtitle, the following defini- 10 tions shall apply: 11 ‘‘(1) FIRST RESPONDER.—The term ‘first re- 12 sponder’ means an individual serving a Federal, 13 State, or local governmental or nongovernmental 14 agency in an official capacity, with or without com- 15 pensation, as a law enforcement or public safety offi- 16 cer, firefighter, emergency rescue or response team 17 member, emergency medical service provider or 18 paramedic, or rescue squad or ambulance crew mem- 19 ber. 20 ‘‘(2) HEALTH CARE PROFESSIONAL.—The term 21 ‘health care professional’ means, with respect to the 22 provision of health care items and services in a 23 State, an individual who is licensed or otherwise le- 24 VerDate Sep 11 2014 19:02 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1832.IH H1832 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1832 IH gally authorized to provide such items and services 1 in such State. 2 ‘‘(3) INSURER.—The term ‘insurer’ means any 3 entity, including any affiliate thereof, that is licensed 4 or admitted to engage in the business of providing 5 life insurance in any State. 6 ‘‘(4) INSURED.—The term ‘insured’ means any 7 natural person who purchases, or attempts to pur- 8 chase, life insurance. 9 ‘‘(5) LIFE INSURANCE.— 10 ‘‘(A) IN GENERAL.—The term ‘life insur- 11 ance’ means insurance for which the prob- 12 abilities of the duration of human life or the 13 rate of mortality are an element or condition of 14 insurance. 15 ‘‘(B) INCLUDED INSURANCE.—Such term 16 includes the granting of— 17 ‘‘(i) endowment benefits; 18 ‘‘(ii) additional benefits in the event of 19 death by accident or accidental means; 20 ‘‘(iii) disability income benefits; 21 ‘‘(iv) additional disability benefits that 22 operate to safeguard the contract from 23 lapse or to provide a special surrender 24 VerDate Sep 11 2014 19:02 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1832.IH H1832 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1832 IH value, or special benefit in the event of 1 total and permanent disability; 2 ‘‘(v) benefits that provide payment or 3 reimbursement for long-term home health 4 care, or long-term care in a nursing home 5 or other related facility; 6 ‘‘(vi) burial insurance; and 7 ‘‘(vii) optional modes of settlement of 8 proceeds of life insurance. 9 ‘‘(C) EXCLUSIONS.—Such term does not 10 include property and casualty insurance, health 11 insurance or workers compensation insurance. 12 ‘‘(6) SECRETARY.—The term ‘Secretary’ means 13 the Secretary of the Treasury. 14 ‘‘SEC. 555. REGULATIONS. 15 ‘‘The Secretary shall issue regulations to carry out 16 the purposes of this subtitle. 17 ‘‘SEC. 556. APPLICABILITY. 18 ‘‘This subtitle shall apply to any policy for life insur- 19 ance coverage issued, renewed, altered, or modified or can- 20 celed after the expiration of the 6-month period beginning 21 on the date of the enactment of this subtitle.’’. 22 SEC. 3. TIMING OF REGULATIONS. 23 The Secretary of the Treasury shall issue the regula- 24 tions required by section 555 of the Dodd-Frank Wall 25 VerDate Sep 11 2014 19:02 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1832.IH H1832 pbinns on DSK79D2C42PROD with BILLS 7 •HR 1832 IH Street Reform and Consumer Protection Act, as added by 1 section 2 of this Act, not later than the expiration of the 2 6-month period beginning on the date of the enactment 3 of this Act. 4 SEC. 4. CLERICAL AMENDMENT. 5 The table of contents in section 1(b) of the Dodd- 6 Frank Wall Street Reform and Consumer Protection Act 7 (12 U.S.C. 5301 note) is amended by adding at the end 8 the following new items: 9 ‘‘Subtitle C—Fairness for Life Insurance Purchasers ‘‘Sec. 551. Prohibition against discrimination in life insurance policies based on possession of naloxone. ‘‘Sec. 552. Administrative enforcement. ‘‘Sec. 553. Effect on State laws. ‘‘Sec. 554. Definitions. ‘‘Sec. 555. Regulations. ‘‘Sec. 556. Applicability.’’. Æ VerDate Sep 11 2014 19:02 Apr 08, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H1832.IH H1832 pbinns on DSK79D2C42PROD with BILLS