H-119                _______________________________________________

                                                   HOUSE BILL NO. 1099

                        _______________________________________________

State of Washington                              50th Legislature                              1987 Regular Session

By Representative Locke

Read first time 2/25/87 and referred to Committee on Financial Institutions & Insurance.

AN ACT Relating to discrimination by insurance companies; and amending RCW 48.30.300, 48.44.220, and 48.46.370.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

        Sec. 1.  Section 7, chapter 119, Laws of 1975-'76 2nd ex. sess. and RCW 48.30.300 are each amended to read as follows:

          No person or entity engaged in the business of insurance in this state shall refuse to issue any contract of insurance or cancel or decline to renew such contract because of the race, creed, color, national origin, sex ((or)), marital status, or age, or the presence of any sensory, mental, or physical handicap of the insured or prospective insured.  The amount of benefits payable, or any term, rate, condition, or type of coverage shall not be restricted, modified, excluded, increased, or reduced on the basis of the race, creed, color, national origin, sex ((or)), marital status, or age, or be restricted, modified, excluded, or reduced on the basis of the presence of any sensory, mental, or physical handicap of the insured or prospective insured.  These provisions shall not prohibit fair discrimination on the basis of age, sex, or marital status, or the presence of any sensory, mental, or physical handicap when bona fide statistical differences in risk or exposure have been substantiated.

        Sec. 2.  Section 4, chapter 115, Laws of 1969 as last amended by section 4, chapter 154, Laws of 1983 and RCW 48.44.220 are each amended to read as follows:

          No health care service contractor shall deny coverage to any person solely on account of race, ((religion)) creed, color, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap.  Nothing in this section shall be construed as limiting a health care service contractor's authority to deny or otherwise limit coverage to a person when the person because of a medical condition does not meet the essential eligibility requirements established by the health care service contractor for purposes of determining coverage for any person.

          No health care service contractor shall refuse to provide reimbursement or indemnity to any person for covered health care services for reasons that the health care services were provided by a holder of a license under chapter 18.22 RCW.

        Sec. 3.  Section 15, chapter 106, Laws of 1983 and RCW 48.46.370 are each amended to read as follows:

          No health maintenance organization may deny coverage to a person solely on account of race, creed, color, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap.  Nothing in this section may be construed as limiting a health maintenance organization's authority to deny or otherwise limit coverage to a person when the person because of a medical condition does not meet the essential eligibility requirements established by the health maintenance organization for purposes of determining coverage for any person.