On May 6, 2009 Senator John Kerry introduced the Women’s Health Insurance Fairness Act. The legislation would prevent insurers in the individual market from charging more, denying or limiting coverage based on gender or pregnancy and would require maternity coverage.
The legislation was inspired by a report published by the National Women’s Law Center titled Nowhere to Turn: How the Individual Health Insurance Market Fails Women. The report finds that women are often charged higher premiums than men and have difficulty finding comprehensive and affordable maternity coverage. In addition, insurance companies can reject applicants for reasons that disproportionately impact women, such as being a survivor of domestic violence or having previously undergone a C-section.
5.7 million American women are forced to buy coverage in the individual insurance market (those who receive coverage through their employer are already protected under laws that prevent charging different premiums and refusing maternity coverage). Right now these women are reliant on state regulation of the individual market, but very few states provide protections against gender-based discrimination in insurance coverage.
The new legislation would make it illegal for companies offering health insurance in the individual market to consider gender when determining an applicant’s premiums. Companies could not limit or deny coverage in any way based on a past or future pregnancy, method of delivery, or pregnancy outcome. The Secretary of Health and Human Services (HHS) would be directed to create a minimum benefit standard for maternity care that requires coverage of all maternity services. Failure of companies to comply could result in a minimum fine of $10,000.
The new HHS Secretary, Kathleen Sebelius, has a history of fighting against gender discrimination in the individual insurance market and for mandated maternity coverage.
The Women’s Health Insurance Fairness Act would create real substantive improvements in the lives of women who do not receive health insurance through an employer. It responds to a problem that exists at the intersection of class, reproductive and gender-based oppression and therefore deserves the support of all of us in the reproductive justice movement.
This legislation is part of the growing effort to reform health care in the US. The early focus on gender discrimination and maternity care, a vital aspect of any comprehensive approach to reproductive health, is especially encouraging. As a Massachusetts voter I am especially proud of Senator Kerry today.
The legislation is currently in the Senate Health, Education, Labor, and Pensions committee, chaired by Senator Kennedy, a long time health care advocate (and another Massachusetts senator).
You can thank Senator Kerry for standing up for women’s health by calling his DC offices at (202) 224-2742 or emailing him via this form.
Cross posted at Choice Words .


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this is such a good act that got started. I am glad they did this. health insurance is not fair to women.
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Right now these women are reliant on state regulation of the individual market, but very few states provide protections against gender-based discrimination in insurance coverage.
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Companies could not limit or deny coverage in any way based on a past or future pregnancy, method of delivery, or pregnancy outcome
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