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SB20-176

Protect Neutral Determinations In Health Insurance

Concerning measures to facilitate enforcement of existing prohibitions against unreasonable conduct by health insurers.
Session:
2020 Regular Session
Subjects:
Business & Economic Development
Civil Law
Courts & Judicial
Health Care & Health Insurance
Insurance
Bill Summary

The bill clarifies 2008 legislation prohibiting discretionary clauses in certain plans and insurance policies and providing for the de novo standard of review in any court by:

  • Declaring that the legislation should be construed broadly to effectuate its remedial purpose, notwithstanding any contractual or statutory choice-of-law provision to the contrary;
  • Nullifying any contract provision that purports to give an insurer or its agent discretionary authority to determine entitlement to benefits;
  • Severing a claimant's right to de novo review of policy disputes from the claimant's right to a jury trial of those disputes; and
  • Specifying that the commissioner of insurance may adopt rules as necessary to enforce this prohibition.
    (Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Under Consideration

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