SENATE BILL NO. 1107

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Bill Status



S1107.......................................by COMMERCE AND HUMAN RESOURCES
INSURANCE - Amends existing law relating to the insurance trade to revise
terminology relating to discrimination for hospital or medical insurance.
                                                                        
02/09    Senate intro - 1st rdg - to printing
02/12    Rpt prt - to Com/HuRes
02/23    Rpt out - rec d/p - to 2nd rdg
02/26    2nd rdg - to 3rd rdg
03/01    3rd rdg - PASSED - 26-6-3
      AYES -- Andreason, Bair, Bastian, Bilyeu, Cameron, Corder,
      Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hammond,
      Heinrich, Hill, Jorgenson, Little, Lodge, McGee, McKague, McKenzie,
      Pearce, Richardson, Schroeder, Siddoway, Stegner
      NAYS -- Broadsword, Kelly, Keough, Langhorst, Malepeai, Werk
      Absent and excused -- Burkett, Coiner, Stennett
    Floor Sponsor - Cameron
    Title apvd - to House
03/02    House intro - 1st rdg - to Bus
03/08    Rpt out - rec d/p - to 2nd rdg
03/09    2nd rdg - to 3rd rdg
03/12    3rd rdg
03/14    FAILED - 26-44-0
      AYES -- Bayer, Bedke, Bell, Bilbao, Black, Block, Chadderdon,
      Collins, Edmunson, Hagedorn, Henderson, Killen, Moyle, Nonini,
      Patrick, Ring, Roberts, Rusche, Schaefer, Smith(30), Smith(24),
      Snodgrass, Stevenson, Thayn, Wills, Wood(27)
      NAYS -- Anderson, Andrus, Barrett, Bock, Boe, Bolz, Brackett,
      Bradford, Chavez, Chew, Clark, Crane, Durst, Eskridge, Hart, Harwood,
      Henbest, Jaquet, King, Kren, Labrador, Lake, LeFavour, Loertscher,
      Luker, Marriott, Mathews, McGeachin, Mortimer, Nielsen,
      Pasley-Stuart, Pence, Raybould, Ringo, Ruchti, Sayler, Shepherd(2),
      Shepherd(8), Shirley, Shively, Trail, Vander Woude, Wood(35), Mr.
      Speaker
      Absent and excused -- None
    Floor Sponsor - Rusche
    Ret'd to Senate
    Filed in Office of the Secretary of Senate

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1107
                                                                        
                         BY COMMERCE AND HUMAN RESOURCES COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INSURANCE TRADE PRACTICES; AMENDING SECTION 41-1313,  IDAHO  CODE,
  3        TO  REVISE DESCRIPTIVE LANGUAGE, TO REVISE TERMINOLOGY AND TO PROVIDE CODE
  4        REFERENCES.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Section 41-1313, Idaho Code, be, and the same  is  hereby
  7    amended to read as follows:
                                                                        
  8        41-1313.  UNFAIR DISCRIMINATION -- LIFE INSURANCE, ANNUITIES, AND DISABIL-
  9    ITY INSURANCE, HOSPITAL OR MEDICAL INSURANCE, AND HEALTH BENEFIT PLANS. (1) No
 10    person  shall  make or permit any unfair discrimination between individuals of
 11    the same class and equal expectation of life in the rates charged for any con-
 12    tract of life insurance or of life annuity or in the dividends or other  bene-
 13    fits payable thereon, or in any other of the terms and conditions of such con-
 14    tract.
 15        (2)  No  person  shall  make  or  permit any unfair discrimination between
 16    individuals of the same class and of essentially the same hazard in the amount
 17    of premium, policy fees, or rates charged for any policy or contract  of  dis-
 18    ability  insurance  or  in  the  benefits payable thereunder, or in any of the
 19    terms or conditions of such contract, or in any other manner whatever.
 20        (3)  No person shall discriminate on the basis of a genetic test  or  pri-
 21    vate genetic information, as those terms are defined in section 39-8302, Idaho
 22    Code,  in  the  issuance  of coverage, or the fixing of rates, terms or condi-
 23    tions, for any policy or contract of disability hospital or medical  insurance
 24    or any health benefit plan as defined in sections 41-4703(15) and 41-5203(12),
 25    Idaho Code.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                            RS 16956
                                
The purpose of this legislation is to make a technical
correction to section 41-1313, Idaho Code, which was created by
the passage of Senate Bill 1423 in 2006.  As defined in sections
41-4703(15) and 41-5203(12), Idaho Code, the term "health benefit
plan" refers to hospital and medical insurance, and specifically
excludes long term care and disability income insurance policies. 


SB 1423 used the term "disability insurance," which under
Idaho law may be read broadly to include not only insurance for
hospital and medical expenses, but also individually purchased
financial products such as long term care and income protection
insurance. The proposed amendment corrects this oversight that
inadvertently broadened the original intended scope of SB 1423,
while preserving the originally intended application of the bill.


                                
                          FISCAL NOTE

  No fiscal impact to the State general fund.



Contact:       

NAME:   Steven J. Tobiason
PHONE:(208) 342-4545

STATEMENT OF PURPOSE                                     S 1107