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Bill Detail: SB20-176

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Title Protect Neutral Determinations In Health Insurance
Status Governor Signed (07/14/2020)
Bill Subjects
  • Business & Economic Development
  • Civil Law
  • Courts & Judicial
  • Health Care & Health Insurance
  • Insurance
House Sponsors B. Titone (D)
M. Young (D)
Senate Sponsors J. Ginal (D)
J. Danielson (D)
House Committee Health and Insurance
Senate Committee Health and Human Services
Date Introduced 02/20/2020
Description

The bill clarifies 2008 legislation prohibiting discretionary clauses
in certain plans and insurance policies and providing for the de novo
standard of review in any court by:
  • Declaring that the legislation should be construed broadly
to effectuate its remedial purpose, notwithstanding any

contractual or statutory choice-of-law provision to the
contrary;
  • Nullifying any contract provision that purports to give an
insurer or its agent discretionary authority to determine
entitlement to benefits;
  • Severing a claimant's right to de novo review of policy
disputes from the claimant's right to a jury trial of those
disputes; and
  • Specifying that the commissioner of insurance may adopt
rules as necessary to enforce this prohibition.

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