Domestic Violence in Insurance

Footnotes

¹ Studies in 1994 and 1995 indicated that approximately one out of four insurance companies engaged in these practices, and one study (in Pennsylvania) reported that 74% of life insurers and 65% of health insurers used domestic violence as a criterion in review of new applications. Terry Fromson and Nancy Durburow, Insurance Discrimination Against Victims of Domestic Violence (Harrisburg: Pennsylvania Coalition Against Domestic Violence Publications, 1998), 2 (updated with unpublished data from Terry Fromson, Women’s Law Project, June 2001).

² Terry Fromson and Nancy Durburow, Insurance Discrimination Against Victims of Domestic Violence (Harrisburg: Pennsylvania Coalition Against Domestic Violence Publications, 1998), 3-4 (updated with unpublished data from Terry Fromson, Women’s Law Project, June 2001).

³ The Health Insurance Portability and Accountability Act, 26 U.S.C. § 9801 (2009); 29 U.S.C. § 1181 (2009); 42 U.S.C. § 300gg (2009).

⁴ In October 2009, the District of Columbia Department of Insurance, Securities and Banking issued a bulletin warning insurers not to use domestic violence as a factor when issuing health insurance policies. (Department of Insurance, Securities and Banking, DISB Issues Bulletin That Prohibits the Use of Domestic Violence for Underwriting Insurance  (October 14, 2009), http://newsroom.dc.gov/show.aspx/agency/disr/section/2/release/18340.)

⁵ The North Carolina insurance commissioner has put forth administrative rules (24 N.C. Reg. 627) to prohibit insurers from discriminating against domestic violence survivors in the individual market, which took effect April 1, 2010.

⁶ While the state recently passed a law prohibiting health insurers from inquiring about domestic violence, the law does not prohibit insurers from using information in an individual’s medical records to conclude that an individual is likely a domestic violence survivor, and to deny coverage based on that determination. (H.B. 1189, 85th Leg. Assem., 2010 Leg. Sess. (S.D. 2010)).

⁷ Although Vermont lacks legislation specifically prohibiting discrimination against domestic violence survivors, the state requires guaranteed issue of all individual insurance plans. (VT. STAT. ANN. tit. 8, § 4080b(d)(1) (2008)).