Discriminatory acts prohibited

(a) In general No insurer may, directly or indirectly, engage in any of the following acts or practices on the basis that the applicant or insured, or any person employed by the applicant or insured or with whom the applicant or insured is known to have a relationship or association, is, has been, or may be a victim of a qualifying act of violence or has incurred or may incur claims related to a qualifying act of violence: (1) Denying, refusing to issue, renew, or reissue, or canceling or otherwise terminating an insurance policy or health benefit plan. (2) Restricting, excluding, or limiting insurance coverage for losses or denying a claim, except as otherwise permitted or required by State laws relating to life insurance beneficiaries. (3) Adding a premium differential to any insurance policy or health benefit plan. (b) Prohibition on limitation of claims No insurer may, directly or indirectly, deny or limit payment to an insured who is a victim of a qualifying act of violence if the claim for payment is a result of such qualifying act of violence. (c) Prohibition on termination (1) In general No insurer may terminate health coverage for a victim of a qualifying act of violence because coverage was originally issued in the name of the abuser and the abuser has divorced, separated from, or lost custody of the victim or the victim's coverage has terminated voluntarily or involuntarily and the victim does not qualify for an extension of coverage under part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.) or section 4980B of the Internal Revenue Code of 1986. (2) Payment of premiums Nothing in paragraph (1) shall be construed to prohibit the insurer from requiring that the victim of a qualifying act of violence pay the full premium for the victim's coverage under the health plan if the requirements are applied to all insured of the insurer. (3) Exception An insurer may terminate group coverage to which this subsection applies after the continuation coverage period required by this subsection has been in force for 18 months if it offers conversion to an equivalent individual plan. (4) Continuation coverage The continuation of health coverage required by this subsection shall be satisfied by any extension of coverage under part 6 of subtitle B of title I of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1161 et seq.) or section 4980B of the Internal Revenue Code of 1986 provided to a victim of domestic violence, dating violence, sexual assault, or stalking and is not intended to be in addition to any extension of coverage otherwise provided for under such part 6 or section 4980B. (d) Use of information (1) Limitation (A) In general In order to protect the safety and privacy of victims of qualifying acts of violence, no person employed by or contracting with an insurer or health benefit plan may (without the consent of the victim)— (i) use, disclose, or transfer information relating to the status of a victim of a qualifying act of violence as such a victim, a qualifying act of violence, medical conditions related to a qualifying act of violence, or the applicant’s or insured’s status as a family member, employer, associate, or person in a relationship with a victim of a qualifying act of violence for any purpose unrelated to the direct provision of health care services unless such use, disclosure, or transfer is required by an order of an entity with authority to regulate insurance or an order of a court of competent jurisdiction; or (ii) disclose or transfer information relating to an applicant’s or insured’s mailing address or telephone number or the mailing address and telephone number of a shelter for victims of a qualifying act of violence, unless such disclosure or transfer— (I) is required in order to provide insurance coverage; and (II) does not have the potential to endanger the safety of a victim of a qualifying act of violence. (B) Rule of construction Nothing in this paragraph may be construed to limit or preclude a victim of a qualifying act of violence from obtaining the victim’s own insurance records from an insurer. (2) Authority of victims A victim of a qualifying act of violence, at the absolute discretion of the victim, may provide evidence of a qualifying act of violence to an insurer for the limited purpose of facilitating treatment of a condition related to such qualifying act of violence or demonstrating that a condition is related to such qualifying act of violence. Nothing in this paragraph shall be construed as authorizing an insurer to disregard such provided evidence.