05/05/2009
Washington, DC - Senator John Kerry today introduced legislation that would improve health care benefits for women in the individual market by preventing insurers from charging them more, denying or limiting coverage based on their pregnancy status or delivery method, and ensuring comprehensive maternity coverage.
Kerry introduced his legislation, "The Women's Health Insurance Fairness Act," following a report released in September 2008 by the National Women's Law Center. Nowhere to Turn: How the Individual Health Insurance Market Fails Women chronicled the disparity between men and women who purchase health insurance coverage in the individual market. The report found that: insurance companies can reject applicants for a variety of reasons particularly relevant to women; it is difficult and costly for women to find health insurance that covers maternity care; and women often face higher premiums than men for identical coverage.
"The disparity between women and men in the individual insurance market is just plain wrong and it has to change," said Senator Kerry. "With Mother's Day around the corner, there's no better gift to American women than discrimination-free, affordable and accessible insurance that meets their health needs."
Two-thirds of all American women aged 18 to 64 receive health insurance from their employer and are protected by federal and state laws that prevent them from charging employees different premiums or excluding maternity coverage. The 5.7 million women forced to buy coverage in the individual insurance market rely on state regulation for fair treatment, but the vast majority of states provide few, if any, protections for women.
"My home state has set a perfect example of how we should be dealing with insurers to prevent practices that harm women," said Senator Kerry. "The state of Massachusetts prohibits gender rating and requires plans to cover maternity services. The rest of the country would benefit from following this lead."
The Women's Health Insurance Fairness Act would:
· prevent insurers in the individual market from charging women higher premiums than men;
· prevent insurers in the individual market from denying or limiting coverage based on a current or past pregnancy or past or future method of delivery (such as a Cesarean section);
· require all insurance policies offered on the individual market to provide comprehensive maternity coverage for the full scope of maternity services from preconception through postpartum;
· provide the Secretary of Health and Human Services with the authority to monitor compliance with the requirements of this Act and assess fines of at least $10,000 against any health insurance company that fails to submit the required data; and
· direct the Government Accountability Office to issue a report by December 31, 2010 about problems remaining for women on the individual insurance market in all 50 states and DC following enactment of this Act.
This legislation is supported by the American College of Obstetricians and Gynecologists (ACOG), Children's Defense Fund, Consumers Union, Families USA, National Partnership for Women & Families, OWL - The Voice of Midlife and Older Women, and the Physicians for Reproductive Choice and Health (PRCH).