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Alcohol exclusion laws

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Alcohol exclusion laws permit insurance companies to deny claims associated with the consumption of alcohol. They were passed in the 1940s in the United States to discourage people from drinking alcoholic beverages and to save insurance companies money from alcohol-related claims (Ensuring Solutions to Alcohol Problems, George Washington University Medical Center, 2005). It was believed that people would be less likely to drive while impaired or intoxicated if insurance companies could deny medical payments or other claims associated with any injuries associated with the consumption of alcoholic beverages. Over 30 states currently have alcohol exclusion laws.

There is to date no scientific evidence that alcohol exclusion laws discourage drunk driving. In fact, some argue that these laws discourage physicians and hospitals from testing accident victims for possible alcohol in their blood (BAC). That’s because insurance companies can refuse to pay doctors and hospitals for treating patients found to have alcohol in their bodies (Rivara, 2000). In short, screening for alcohol could lead to the loss of payments from insurance companies. Because of this, there is concern that alcohol exclusion laws help drunken drivers avoid detection and increase the likelihood that they will repeat their crime in the future (American Medical Association, 2004; Cimons, 2004; Gentilello et al, 1999). Since 2001, seven states have repealed or amended their alcohol exclusion laws and several are currently considering such action.

The insurance industry supports alcohol exclusion laws. On the other hand, the professional organization which regulates that industry, the National Association of Insurance Commissioners, has voted unanimously to recommend the repeal of alcohol exclusionary laws. Other groups supporting their repeal include the National Conference of Insurance Legislators, the American Bar Association, the American College of Emergency Physicians, Mothers Against Drunk Driving, the National Commission Against Drunk Driving, and the American Medical Association.

References

  • American Medical Association Advocacy Resource Center. “Supporting Repeal of the Uniform Accident and Sickness Policy Provision Law.” August 2004.
  • Biffl, W.L., et al. Legal prosecution of alcohol-impaired drivers admitted to a level I trauma center in Rhode Island. Journal of Trauma, 2000, 56. 24-29.
  • Cimons, Marlene. Challenging a Hidden Obstacle to Alcohol Treatment. Washington, DC: Ensuring Solutions to Alcohol Problems, 2004.
  • Gentilello, L.M., et al. Alcohol interventions in a trauma center as a means of reducing the risk of injury recurrence. Annals of Surgery, 1999, 230(4), 473.
  • Rivara, Frederick P., et al. Screening trauma patients for alcohol problems: are insurance companies barriers? Journal of Trauma, Injury, Infection and Critical Care, 2000, 48, 115.
  • Runge, Jeffrey W. Screening and Intervention for Alcohol Problems in the Emergency Department: Ideal Versus Reality. In: Alcohol Problems Among Emergency Department Patients: Proceedings of a Research Conference on Identification and Intervention. Washington, DC: Centers for Disease Control and Prevention, 2001.
  • Teitelbaum, J., et al. State laws permitting intoxication exclusions in insurance contracts: implications for public health policy and practice. Public Health Reports,2004, 119.
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