[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1832 Introduced in House (IH)]

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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) introduced 
 the following bill; which was referred to the Committee on Financial 
                                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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Insurance Fairness for First 
Responders Act of 2019''.

SEC. 2. FAIRNESS FOR LIFE INSURANCE PURCHASERS.

    Title V of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act (15 U.S.C. 8201 et seq.) is amended by adding at the end 
the following new subtitle:

          ``Subtitle C--Fairness for Life Insurance Purchasers

``SEC. 551. PROHIBITION AGAINST DISCRIMINATION IN LIFE INSURANCE 
              POLICIES BASED ON POSSESSION OF NALOXONE.

    ``(a) In General.--It shall be unlawful for any insurer to deny any 
person life insurance, or to otherwise discriminate in the issuance, 
cancellation, amount of coverage, or conditions of life insurance, 
based upon the lawful possession by such person of naloxone pursuant to 
a standing order for the dispensing of naloxone to a health care 
professional or first responder issued by an agency of a State or unit 
of general local government.
    ``(b) Insurance Rates.--It shall be unlawful for any insurer to 
charge rates for life insurance which are excessive or unfairly 
discriminatory in relation to the actuarial risk associated with the 
lawful possession by such person of naloxone pursuant to a standing 
order for the dispensing of naloxone to a health care professional or 
first responder issued by an agency of a State or unit of general local 
government.

``SEC. 552. ADMINISTRATIVE ENFORCEMENT.

    ``(a) State Enforcement.--In addition to such other remedies as are 
provided under State law, the chief law enforcement officer of a State, 
or an official or agency designated by a State, may bring an action to 
enjoin any person who has violated or is violating this subtitle.
    ``(b) Enforcement by Secretary.--The Secretary of the Treasury 
shall enforce this subtitle in any State that the Secretary determines 
does not have a comparable State law or a law that the Secretary has 
determined is not inconsistent under section 553.

``SEC. 553. EFFECT ON STATE LAWS.

    ``(a) In General.--This subtitle does not annul, alter, or affect, 
or exempt any insurer subject to the provisions of this subtitle from 
complying with the laws of any State with respect to the use of lawful 
possession by such person of naloxone pursuant to a standing order for 
the dispensing of naloxone to a health care professional or first 
responder issued by an agency of a State or unit of general local 
government for the purposes of underwriting or rating life insurance 
except to the extent that such laws are inconsistent with any provision 
of this subtitle and then only to the extent of the inconsistency. The 
Secretary may determine whether such inconsistencies exist. The 
Secretary may not determine that any State law is inconsistent with any 
provision of this subtitle if the Secretary determines that such law 
gives greater protection to the insured.
    ``(b) State Exemptions.--The Secretary shall, by regulation, exempt 
from the requirements of this subtitle any class of insurance 
transactions within any State if the Secretary determines that under 
the law of that State that class of transaction is subject to 
requirements substantially similar to those imposed under this subtitle 
or that such law gives greater protection to the consumer, and that 
there is adequate provision for enforcement.

``SEC. 554. DEFINITIONS.

    ``For purposes of this subtitle, the following definitions shall 
apply:
            ``(1) First responder.--The term `first responder' means an 
        individual serving a Federal, State, or local governmental or 
        nongovernmental agency in an official capacity, with or without 
        compensation, as a law enforcement or public safety officer, 
        firefighter, emergency rescue or response team member, 
        emergency medical service provider or paramedic, or rescue 
        squad or ambulance crew member.
            ``(2) Health care professional.--The term `health care 
        professional' means, with respect to the provision of health 
        care items and services in a State, an individual who is 
        licensed or otherwise legally authorized to provide such items 
        and services in such State.
            ``(3) Insurer.--The term `insurer' means any entity, 
        including any affiliate thereof, that is licensed or admitted 
        to engage in the business of providing life insurance in any 
        State.
            ``(4) Insured.--The term `insured' means any natural person 
        who purchases, or attempts to purchase, life insurance.
            ``(5) Life insurance.--
                    ``(A) In general.--The term `life insurance' means 
                insurance for which the probabilities of the duration 
                of human life or the rate of mortality are an element 
                or condition of insurance.
                    ``(B) Included insurance.--Such term includes the 
                granting of--
                            ``(i) endowment benefits;
                            ``(ii) additional benefits in the event of 
                        death by accident or accidental means;
                            ``(iii) disability income benefits;
                            ``(iv) additional disability benefits that 
                        operate to safeguard the contract from lapse or 
                        to provide a special surrender value, or 
                        special benefit in the event of total and 
                        permanent disability;
                            ``(v) benefits that provide payment or 
                        reimbursement for long-term home health care, 
                        or long-term care in a nursing home or other 
                        related facility;
                            ``(vi) burial insurance; and
                            ``(vii) optional modes of settlement of 
                        proceeds of life insurance.
                    ``(C) Exclusions.--Such term does not include 
                property and casualty insurance, health insurance or 
                workers compensation insurance.
            ``(6) Secretary.--The term `Secretary' means the Secretary 
        of the Treasury.

``SEC. 555. REGULATIONS.

    ``The Secretary shall issue regulations to carry out the purposes 
of this subtitle.

``SEC. 556. APPLICABILITY.

    ``This subtitle shall apply to any policy for life insurance 
coverage issued, renewed, altered, or modified or canceled after the 
expiration of the 6-month period beginning on the date of the enactment 
of this subtitle.''.

SEC. 3. TIMING OF REGULATIONS.

    The Secretary of the Treasury shall issue the regulations required 
by section 555 of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act, as added by section 2 of this Act, not later than the 
expiration of the 6-month period beginning on the date of the enactment 
of this Act.

SEC. 4. CLERICAL AMENDMENT.

    The table of contents in section 1(b) of the Dodd-Frank Wall Street 
Reform and Consumer Protection Act (12 U.S.C. 5301 note) is amended by 
adding at the end the following new items:

          ``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.''.
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