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This entry was published on 2020-01-10
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Discrimination because of sex or marital status in hospital, surgical or medical expense insurance
Insurance (ISC) CHAPTER 28, ARTICLE 32
§ 3243. Discrimination because of sex or marital status in hospital,
surgical or medical expense insurance. (a) With regard to an accident
and health insurance policy that provides hospital, surgical, or medical
expense coverage or a policy of student accident and health insurance,
as defined in subsection (a) of section three thousand two hundred forty
of this article, delivered or issued for delivery in this state, no
insurer shall because of sex, marital status or based on pregnancy,
false pregnancy, termination of pregnancy, or recovery therefrom,
childbirth or related medical conditions:

(1) make any distinction or discrimination between persons as to the
premiums or rates charged for the policy or in any other manner

(2) demand or require a greater premium from any person than it
requires at that time from others in similar cases;

(3) make or require any rebate, discrimination or discount upon the
amount to be paid or the service to be rendered on any policy;

(4) insert in the policy any condition, or make any stipulation,
whereby the insured binds his or herself, or his or her heirs,
executors, administrators or assigns, to accept any sum or service less
than the full value or amount of such policy in case of a claim thereon
except such conditions and stipulations as are imposed upon others in
similar cases; and any such stipulation or condition so made or inserted
shall be void;

(5) reject any application for a policy issued or sold by it;

(6) cancel or refuse to issue, renew or sell such policy after
appropriate application therefor;

(7) fix any lower rate or discriminate in the fees or commissions of
insurance agents or insurance brokers for writing or renewing such a
policy; or

(8) engage in sexual stereotyping.

(b) For the purposes of this section, "sex" shall include sexual
orientation, gender identity or expression, and transgender status.