3816

VETOES

(3) An insurer may not refuse to insure or make or
permit any differential in ratings, premium payments, or
dividends in connection with life insurance and life annuity
contracts solely because the applicant or policyholder has the
sickle-cell trait, thalassemia-minor trait, hemoglobin C trait,
Tay-Sachs trait, or any genetic trait which is harmless within
itself, unless there is actuarial justification for it.

(b) (1) No person shall make or permit any unfair
discrimination between individuals of the same class and of
essentially the same hazard in the amount of premium, policy
fees, or rates charged for any policy or contract of health
insurance or in the benefits payable thereunder, or in any of the
terms, or conditions of such contract, or in any other manner
whatever.

(2)  Notwithstanding any other provisions in this
section, an insurer may not make or permit any differential in
ratings, premium payments or dividends for any reason based on
the sex of an applicant or policyholder unless there is actuarial
justification for the differential.

(3)  (I) Notwithstanding any other provisions in this
section, an insurer may not make or permit any differential in
ratings, premium payments or dividends FOR HEALTH INSURANCE
CONTRACTS for any reason based on the blindness or other physical
handicap or disability of an applicant or policyholder [unless
there is actuarial].

(II) ACTUARIAL justification for the
differential MAY BE CONSIDERED FOR A PHYSICAL HANDICAP OR
DISABILITY OTHER THAN BLINDNESS OR HEARING IMPAIRMENT.

(4)  An insurer may not make or permit any
differential in ratings, premium payments, or dividends in
connection with a health insurance contract solely because the
applicant or policyholder has the sickle-cell trait,
thalassemia-minor trait, hemoglobin C trait, Tay-Sachs trait, or
any genetic trait which is harmless within itself, unless there
is actuarial justification for it.

SECTION 2. AND BE IT FURTHER ENACTED, That it is the intent
of the General Assembly that with respect to all other
conditions, including the underlying cause of the blindness,
partial blindness, or hearing impairment, persons who are blind,
partially blind, or hearing impaired shall be subject to the same
standards of sound actuarial principles or actual or reasonably
anticipated experience as are sighted persons or persons with no
hearing impairment.

SECTION 2 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1986.