article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Victims of Abuse Access to Health Insurance Act''. SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION RELATING TO VICTIMS OF CERTAIN CRIMES. (a) In General.--No insurer may engage in a practice that has the effect of denying, canceling, or limiting health insurance coverage or health benefits, or establishing, increasing, or varying the premium charged for the coverage or benefits-- (1) to or for an individual on the basis that the individual is, has been, or may be the victim of domestic violence; or (2) to or for a group or employer on the basis that the group includes or the employer employs, or provides or subsidizes insurance for, an individual described in paragraph (1). (b) Pre-Existing Conditions.-- (1) In general.--A health benefit plan may not consider a condition or injury that occurred as a result of domestic violence as a pre-existing condition. (2) Preexisting condition.--As used in paragraph (1), the term ``preexisting condition'' means, with respect to coverage under a health benefit plan, a condition which was diagnosed, or which was treated, prior to the first date of such coverage (without regard to any waiting period). SEC. 3. CIVIL AND CRIMINAL REMEDIES AND PENALTIES. (a) In General.--Whoever violates the provisions of this Act shall be-- (1) subject to a fine in an amount provided for under title 18, United States Code, for a class A misdemeanor not resulting in death; (2) subject to the imposition of a civil monetary penalty; and (3) subject to the commencement by the aggrieved party of a civil action under subsection (b). (b) Civil Remedies.-- (1) In general.--Any individual aggrieved by reason of the conduct prohibited in this Act may commence a civil action for the relief set forth in paragraph (2). (2) Relief.--In any action under paragraph (1), the court may award appropriate relief, including temporary, preliminary, or permanent injunctive relief and compensatory and punitive damages, as well as the costs of suit and reasonable fees for plaintiffs attorneys and expert witnesses. With respect to compensatory damages, the plaintiff may elect, at any time prior to the rendering of final judgment, to recover, in lieu of actual damages, an award of statutory damages in the amount of $5,000 per violation. (3) Concurrent jurisdiction.--Both Federal and State courts shall have concurrent jurisdiction over actions brought pursuant to this section. SEC. 4. DEFINITIONS. For purposes of this Act: (1) Domestic violence.--The term ``domestic violence'' means the occurrence of one or more of the following acts between household or family (including in-laws or extended family) members, spouses or former spouses, or individuals engaged in or formerly engaged in a sexually intimate relationship: (A) Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury, rape, assault, sexual assault, or involuntary sexual intercourse. (B) Knowingly engaging in a course of conduct or repeatedly committing acts toward another individual, including following the individual, without proper authority, under circumstances that place the individual in reasonable fear of bodily injury. (C) Subjecting another to false imprisonment. (2) Insurer.-- (A) In general.--The term ``insurer'' means a health benefit plan, a health care provider, an entity that self-insures, or a Federal or State agency or entity that conducts activities related to the protection of public health. (B) Health benefit plan.--The term ``health benefit plan'' means any public or private entity or program that provides for payments for health care, including-- (i) a group health plan (as defined in section 607 of the Employee Retirement Income Security Act of 1974) or a multiple employer welfare arrangement (as defined in section 3(40) of such Act) that provides health benefits; (ii) any other health insurance arrangement, including any arrangement consisting of a hospital or medical expense incurred policy or certificate, hospital or medical service plan contract, or health maintenance organization subscriber contract; (iii) workers' compensation or similar insurance to the extent that it relates to workers' compensation medical benefits (as defined by the Secretary of Health and Human Services); and (iv) automobile medical insurance to the extent that it relates to medical benefits (as defined by the Secretary of Health and Human Services). SEC. 5. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT. For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C. 1012(b); commonly known as the McCarran-Ferguson Act), this Act shall be considered to specifically relate to the business of insurance. SEC. 6. REGULATIONS. The Secretary of Health and Human Services shall issue regulations to carry out this Act. SEC. 7. EFFECTIVE DATE. This Act shall take effect 90 days after the date of the enactment of this Act.
summary: Victims of Abuse Access to Health Insurance Act - Prohibits health insurers from discriminating against an individual or group because the individual is or may be a victim of domestic violence. Prohibits considering a condition or injury resulting from domestic violence as a pre-existing condition. Mandates civil and criminal penalties and provides for injunctive relief and compensatory and punitive damages. Declares that, for the purposes of the McCarran-Ferguson Act, this Act specifically relates to the business of insurance.