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Colorado Governor Signs Insurance Anti-Gender Discrimination Law

by Astrid Fiano, DOTmed News Writer | March 31, 2010
Governor Bill Ritter
Colorado Governor Bill Ritter, Jr. has signed into law House Bill 1008, a bill to prevent insurance companies from discriminating on the basis of gender in setting insurance rates. The bill was sponsored by State Representatives Sue Schafer, Beth McCann, and State Senators Morgan Carroll and Gail Schwarz. The bill had bipartisan support in the Colorado legislature.

According to Governor Ritter's press release, 90 percent of insurance plans offered in the state in the 2006-2007 period used gender rating in the individual market. Gender rating is currently prohibited in the small group market.

The bill, entitled "Concerning a Prohibition Against Consideration of Gender in Setting Rates for Individual Health Insurance Policies," states that a health insurance plan shall not "be excessive, inadequate, or unfairly discriminatory... to assure compliance with the requirements of this section that rates are not excessive in relation to benefits... An insurer...shall not vary the premium rate for an individual health coverage plan due to the gender of the individual policyholder, enrollee, subscriber or member... any premium rate based on the gender of the individual policyholder, enrollee, subscriber or member shall be considered unfairly discriminatory and shall not be allowed."

"Today's legislation eliminates the type of gender discrimination practiced by insurance companies in setting rates for women -- rates which can be up to 59 percent higher than rates for men," Gov. Ritter said in his press release. "This bill ensures access to care and coverage for all at an equitable price and eliminates the financial burden that gender rating puts on women."

"Gender should not be considered a preexisting condition," Senator Schwartz said in the release, echoing a talking point of Congressional Democrats who just passed national health insurance reform. "Ensuring that all Coloradans have equal access to health care is vital to the well-being of our state. Affordable health care for women helps care for Colorado's children and families."

Senator Carroll added, "As the country looks to D.C. for federal health care reform, Colorado can now thank the legislature for health care equality. With the signing of this bill into law, legislators are standing up for what is just in health care: women and men stand on level ground in Colorado today."

Adapted in part from Governor Ritter's press release.
Link: http://www.colorado.gov/cs/Satellite?c=Page&childpagename=GovRitter%2FGOVRLayout&cid=1251573499694&pagename=GOVRWrapper