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Legislative Year: 2021 Change
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Bill Detail: SB21-169

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Title Restrict Insurers' Use Of External Consumer Data
Status Senate Considered House Amendments - Result was to Concur - Repass (06/07/2021)
Bill Subjects
  • Health Care & Health Insurance
  • Insurance
House Sponsors D. Esgar (D)
N. Ricks (D)
Senate Sponsors J. Buckner (D)
House Committee Health and Insurance
Senate Committee Business, Labor and Technology
Date Introduced 03/02/2021
Summary

An insurer is prohibited from:
  • Considering an individual's race, color, national or ethnic
origin, religion, sex, sexual orientation, disability, or
transgender status in any insurance practice; or
  • Directly or indirectly using any external consumer data and
information source, algorithm, or predictive model

(external data source) that unfairly discriminates against an
individual based on an individual's race, color, national or
ethnic origin, religion, sex, sexual orientation, disability, or
transgender status.
On and after January 1, 2022, an insurer that uses one or more
external data sources in any insurance practice shall submit certain
disclosures to the division of insurance. The commissioner of insurance
(commissioner) may examine and investigate an insurer's use of an
external data source. If the commissioner determines that use of an
external data source bears no direct causal relationship to insurance losses
or to the condition of a property or applicant to be potentially insured and
that the use of the external data source unfairly discriminates on the basis
of an individual's membership in a protected class, the commissioner may
promulgate rules restricting or prohibiting the use of the external data
source.

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