Ariz. Admin. Code § R20-6-207 - Gender Discrimination
A.
The following definitions apply to this Section:
1. "Applicant" means a person who is applying
for a policy.
2. "Policy" means an
insurance policy, plan, contract, certificate, evidence of coverage,
subscription contract, or binder, including a rider or endorsement offered by
an insurer.
3. "Insurer" means any
company that issues a policy.
B. Applicability and scope. This Section
applies to any policy or certificate delivered or issued for delivery in this
state.
C. Availability
requirements.
1. An insurer shall not deny
availability of any insurance policy on the basis of the gender or marital
status of the insured or prospective insured.
2. An insurer shall not restrict, modify,
exclude, reduce, or limit the amount of benefits payable, or any term,
conditions or type of coverage on the basis of an applicant's or insured's
gender or marital status, except to the extent the amount of benefits, term,
conditions, or type of coverage vary as a result of the application of rate
differentials permitted under A.R.S. Title 20.
3. An insurer may consider marital status to
determine whether a person is eligible for dependent coverage or
benefits.
D. Prohibited
practices. The following practices and any other practice that treats similarly
situated persons differently based on gender unless the different treatment is
specifically allowed by law, is prohibited.
1. Denying coverage to a person of one gender
who is self-employed, employed part-time, or employed by relatives, if coverage
is offered to a person of the opposite gender who is similarly
employed;
2. Denying a policy rider
to a person of one gender if the rider is available to a person of the opposite
gender;
3. Denying maternity
benefits to an applicant or insured who buys a policy for individual coverage
if the insurer offers comparable family coverage policies with maternity
benefits;
4. Denying, under group
policies, dependent coverage to an employee of one gender if dependent coverage
is available to an employee of the opposite gender;
5. Denying a disability income policy to an
employed person of one gender if a policy is offered to a person of the
opposite gender who is similarly employed;
6. Treating complications of pregnancy
differently from any other illness or sickness covered under a
policy;
7. Restricting, reducing,
modifying, or excluding benefits relating to coverage involving the genital
organs of only one gender;
8.
Offering lower maximum monthly benefits to a person of one gender than to a
person of the opposite gender who is in the same classification under a
disability income policy;
9.
Offering more restrictive benefit periods or more restrictive definitions of
disability to a person of one gender than to a person of the opposite gender
who is in the same classification under a disability income policy;
10. Establishing different conditions for a
policyholder of one gender to exercise benefit options contained in the policy
than for a person of the opposite gender;
11. Limiting the amount of coverage an
insured or prospective insured may purchase based upon the insured's or
prospective insured's marital status unless the limitation is for the purpose
of defining persons eligible for dependent's benefits; and
12. Otherwise restricting, modifying,
excluding or reducing the availability of any insurance contract, the amount of
benefits payable, or any term, condition or type of coverage on account of
gender or marital status in all lines of insurance.
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