October 28, 2009
In honor and recognition of Domestic Violence Awareness Month, we are posting this advisory to address an issue that is becoming a national health insurance matter.
For several weeks now, a major topic of discussion and opinion pieces have referred to Mississippi and other states receiving allegations of insurance companies denying health insurance coverage to victims of domestic violence on the basis that domestic violence constitutes a pre-existing condition.
I am writing this advisory to inform the citizens of Florida, and particularly, anyone who is a victim of domestic violence that this practice is specifically outlawed under Florida Law. Under, Florida Statute 626.9541(g)(3) it is illegal for any insurer:
To refuse to underwrite or pay a claim based on the fact that an insured or applicant sought or should have sought medical or psychological treatment in the past for abuse, protection from abuse, or shelter from abuse, or that a claim was caused in the past by, or might occur as a result of, any future assault, battery, or sexual assault by a family or household member upon another family or household member.
Consumers should also be aware that under Florida Statute 741.28 this protection is also extended to victims of assault, battery, sexual assault, sexual battery, and child abuse victims.
My office is reviewing complaints and encouraging those who have been a victim of this unlawful practice to contact the Department of Financial Services Consumer Hotline at 877-693-5236, or go to http://www.myfloridacfo.com/Consumers/needourhelp.htm
I would also encourage anyone who feels that they are the victim of domestic violence, or are in need of assistance should contact the Domestic Violence Hotline toll-free number at 800-500-1119, which is operated by the Florida Coalition Against Domestic Violence. You may also visit their Web site at www.fcadv.org.
The Insurance Consumer Advocate is appointed by Florida Chief Financial Officer Alex Sink and is committed to finding solutions to insurance issues facing Floridians, calling attention to questionable insurance practices, promoting a viable insurance market responsive to the needs of Florida’s diverse population and assuring that rates are fair and justified.