text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Victims of Abuse Access to Health 
  Insurance Act''.
  
  SEC. 2. PROHIBITION OF HEALTH INSURANCE DISCRIMINATION RELATING TO 
                VICTIMS OF CERTAIN CRIMES.
  
      (a) In General.--No insurer may engage in a practice that has the 
  effect of denying, canceling, or limiting health insurance coverage or 
  health benefits, or establishing, increasing, or varying the premium 
  charged for the coverage or benefits--
              (1) to or for an individual on the basis that the 
          individual is, has been, or may be the victim of domestic 
          violence; or
              (2) to or for a group or employer on the basis that the 
          group includes or the employer employs, or provides or 
          subsidizes insurance for, an individual described in paragraph 
          (1).
      (b) Pre-Existing Conditions.--
              (1) In general.--A health benefit plan may not consider a 
          condition or injury that occurred as a result of domestic 
          violence as a pre-existing condition.
              (2) Preexisting condition.--As used in paragraph (1), the 
          term ``preexisting condition'' means, with respect to coverage 
          under a health benefit plan, a condition which was diagnosed, 
          or which was treated, prior to the first date of such coverage 
          (without regard to any waiting period).
  
  SEC. 3. CIVIL AND CRIMINAL REMEDIES AND PENALTIES.
  
      (a) In General.--Whoever violates the provisions of this Act shall 
  be--
              (1) subject to a fine in an amount provided for under title 
          18, United States Code, for a class A misdemeanor not resulting 
          in death;
              (2) subject to the imposition of a civil monetary penalty; 
          and
              (3) subject to the commencement by the aggrieved party of a 
          civil action under subsection (b).
      (b) Civil Remedies.--
              (1) In general.--Any individual aggrieved by reason of the 
          conduct prohibited in this Act may commence a civil action for 
          the relief set forth in paragraph (2).
              (2) Relief.--In any action under paragraph (1), the court 
          may award appropriate relief, including temporary, preliminary, 
          or permanent injunctive relief and compensatory and punitive 
          damages, as well as the costs of suit and reasonable fees for 
          plaintiffs attorneys and expert witnesses. With respect to 
          compensatory damages, the plaintiff may elect, at any time 
          prior to the rendering of final judgment, to recover, in lieu 
          of actual damages, an award of statutory damages in the amount 
          of $5,000 per violation.
              (3) Concurrent jurisdiction.--Both Federal and State courts 
          shall have concurrent jurisdiction over actions brought 
          pursuant to this section.
  
  SEC. 4. DEFINITIONS.
  
      For purposes of this Act:
              (1) Domestic violence.--The term ``domestic violence'' 
          means the occurrence of one or more of the following acts 
          between household or family (including in-laws or extended 
          family) members, spouses or former spouses, or individuals 
          engaged in or formerly engaged in a sexually intimate 
          relationship:
                      (A) Attempting to cause or intentionally, 
                  knowingly, or recklessly causing bodily injury, rape, 
                  assault, sexual assault, or involuntary sexual 
                  intercourse.
                      (B) Knowingly engaging in a course of conduct or 
                  repeatedly committing acts toward another individual, 
                  including following the individual, without proper 
                  authority, under circumstances that place the 
                  individual in reasonable fear of bodily injury.
                      (C) Subjecting another to false imprisonment.
              (2) Insurer.--
                      (A) In general.--The term ``insurer'' means a 
                  health benefit plan, a health care provider, an entity 
                  that self-insures, or a Federal or State agency or 
                  entity that conducts activities related to the 
                  protection of public health.
                      (B) Health benefit plan.--The term ``health benefit 
                  plan'' means any public or private entity or program 
                  that provides for payments for health care, including--
                              (i) a group health plan (as defined in 
                          section 607 of the Employee Retirement Income 
                          Security Act of 1974) or a multiple employer 
                          welfare arrangement (as defined in section 
                          3(40) of such Act) that provides health 
                          benefits;
                              (ii) any other health insurance 
                          arrangement, including any arrangement 
                          consisting of a hospital or medical expense 
                          incurred policy or certificate, hospital or 
                          medical service plan contract, or health 
                          maintenance organization subscriber contract;
                              (iii) workers' compensation or similar 
                          insurance to the extent that it relates to 
                          workers' compensation medical benefits (as 
                          defined by the Secretary of Health and Human 
                          Services); and
                              (iv) automobile medical insurance to the 
                          extent that it relates to medical benefits (as 
                          defined by the Secretary of Health and Human 
                          Services).
  
  SEC. 5. INAPPLICABILITY OF MCCARRAN-FERGUSON ACT.
  
      For purposes of section 2(b) of the Act of March 9, 1945 (15 U.S.C. 
  1012(b); commonly known as the McCarran-Ferguson Act), this Act shall 
  be considered to specifically relate to the business of insurance.
  
  SEC. 6. REGULATIONS.
  
      The Secretary of Health and Human Services shall issue regulations 
  to carry out this Act.
  
  SEC. 7. EFFECTIVE DATE.
  
      This Act shall take effect 90 days after the date of the enactment 
  of this Act.
target: Victims of Abuse Access to Health Insurance Act - Prohibits health insurers from discriminating against an individual or group because the individual is or may be a victim of domestic violence.  Prohibits considering a condition or injury resulting from domestic violence as a pre-existing condition.  Mandates civil and criminal penalties and provides for injunctive relief and compensatory and punitive damages. Declares that, for the purposes of the McCarran-Ferguson Act, this Act specifically relates to the business of insurance.
feat_title: Victims of Abuse Access to Health Insurance Act