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<section article="gin" article_name="Insurance" number="27-504" title_number="27" title_name="Unfair Trade Practices and Other Prohibited Practices" subtitle_number="5" subtitle_name="Discrimination">
  <level label="a">
    <level label="1">
      <text>In this section the following words have the meanings indicated.</text>
    </level>
    <level label="2">
      <text>“Abuse” has the meaning stated in § 4–501 of the Family Law Article.</text>
    </level>
    <level label="3">
      <text>“Cohabitant” means an individual who has had a sexual relationship with another individual with whom the individual has resided for a period of at least 90 days.</text>
    </level>
    <level label="4">
      <text>“Victim of domestic violence” means an individual who:</text>
      <level label="i">
        <text>has received deliberate, severe, and demonstrable physical injury from a current or former spouse or current or former cohabitant; or</text>
      </level>
      <level label="ii">
        <text>is in fear of imminent deliberate, severe, and demonstrable physical injury from a current or former spouse or current or former cohabitant.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>Except as otherwise provided in this article, if an individual is a victim of domestic violence or subject to abuse, an insurer, nonprofit health service plan, or health maintenance organization may not use information about abuse or the individual’s status as a victim of domestic violence to:</text>
    <level label="1">
      <text>cancel, refuse to underwrite or renew, or refuse to issue a policy of life insurance or health insurance or a health benefits plan;</text>
    </level>
    <level label="2">
      <text>refuse to pay a claim, cancel, or otherwise terminate a policy of life insurance or health insurance or a health benefits plan;</text>
    </level>
    <level label="3">
      <text>increase rates for life insurance, health insurance, or a health benefits plan; or</text>
    </level>
    <level label="4">
      <text>for policies of life insurance or health benefits plans, add a surcharge, apply a rating factor, or use any other underwriting practice that adversely takes the information into account.</text>
    </level>
  </level>
  <level label="c">
    <text>If an insurer acts in good faith, the insurer is not subject to tort liability for a cause of action arising from the insurer’s lawful issuance of and lawful compliance with a policy of life insurance on an insured who subsequently suffers abuse or is a victim of domestic violence.</text>
  </level>
  <level label="d">
    <text>This section does not require an insurer:</text>
    <level label="1">
      <text>to make a payment to an individual who willfully caused an injury that gave rise to a loss under a policy of life insurance; or</text>
    </level>
    <level label="2">
      <text>to issue, without the consent of the proposed insured, life insurance or disability income insurance to an applicant known to have abused the proposed insured.</text>
    </level>
  </level>
  <level label="e">
    <text>This section may not be interpreted to preclude an insurer or a health maintenance organization from using mental or physical medical conditions, regardless of cause, in determining the eligibility, rate, or underwriting classification of the applicant, insured, member, or subscriber.</text>
  </level>
</section>
