Permissible Actions by Insurers

1. Law
2. Tennessee Code
3. Insurance
4. Unfair Competition and Unfair or Deceptive Practices
5. Domestic Violence Victims Health Insurance Protection Act
6. Permissible Actions by Insurers

Underwriting in accordance with the standards set forth in this section shall be deemed not to be a violation of this part. Upon request of the commissioner, a health carrier or insurer of an individual or group policy that has taken an action that adversely affects a subject of abuse on the basis of an abuse-related medical condition must explain the reason for its action to the commissioner in writing and must be able to demonstrate that its action:

1. Does not have the purpose or effect of treating abuse status as a medical condition or underwriting criterion;
2. Is otherwise permissible by law and applies in the same manner and to the same extent to all applicants and insureds with a similar medical condition without regard to whether the condition or claim is abuse-related; and
3. Is based on a determination, made in conformance with actual or reasonably anticipated actuarial experience.

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