[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2635 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2635

   To amend title XXVII of the Public Health Service Act to prohibit 
gender rating in the group and individual markets for health insurance 
                   coverage, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 21, 2009

Ms. Linda T. Sanchez of California (for herself, Ms. Ginny Brown-Waite 
 of Florida, Mr. Neal of Massachusetts, Ms. Schwartz, Mrs. Capps, and 
 Mrs. Dahlkemper) introduced the following bill; which was referred to 
the Committee on Energy and Commerce, and in addition to the Committee 
 on Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
   To amend title XXVII of the Public Health Service Act to prohibit 
gender rating in the group and individual markets for health insurance 
                   coverage, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gender Equity in Health Premiums 
Act''.

SEC. 2. PROHIBITING GENDER RATING IN THE GROUP AND INDIVIDUAL HEALTH 
              INSURANCE COVERAGE MARKETS.

    (a) Group Health Plans.--
            (1) Public health service act amendment.--Section 
        2702(b)(1) of the Public Health Service Act (42 U.S.C. 300gg-
        1(b)(1)) is amended by inserting before the period the 
        following: ``or on the basis of the gender of such individual 
        or dependent''.
            (2) Internal revenue code of 1986 amendment.--Section 
        9802(b)(1) of the Internal Revenue Code of 1986 is amended by 
        inserting before the period the following: ``or on the basis of 
        the gender of such individual or dependent''.
    (b) Individual Market.--Subpart 2 of part B of title XXVII of the 
Public Health Service Act (42 U.S.C. 300gg-51 et seq.) is amended by 
adding at the end the following new section:

``SEC. 2754. PROHIBITING GENDER RATING.

    ``Insofar as the provisions of section 2702(b)(1) apply to gender, 
such provisions shall apply to health insurance coverage offered by a 
health insurance issuer in the individual market in the same manner as 
they apply to health insurance coverage offered by a health insurance 
issuer in connection with a group health plan.''.
    (c) Effective Date.--
            (1) Group health plans.--The amendments made by subsection 
        (a) shall apply to plan years beginning on or after the date 
        that is 6 months after the date of the enactment of this Act.
            (2) Individual market.--The amendment made by subsection 
        (b) shall apply with respect to health insurance coverage 
        offered, sold, issued, renewed, in effect, or operated in the 
        individual market for plan years beginning on or after the date 
        that is 6 months after the date of the enactment of this Act.

SEC. 3. GAO STUDY AND REPORT ON EFFECTIVENESS OF ENFORCEMENT MECHANISMS 
              IN GROUP AND INDIVIDUAL HEALTH INSURANCE COVERAGE 
              MARKETS.

    (a) Study.--The Comptroller General of the United States shall 
conduct a study evaluating the extent to which the provisions of parts 
A and B of title XXVII of the Public Health Service Act (42 U.S.C. 
300gg et seq.) are effectively enforced pursuant to sections 2722 and 
2761 of such Act (42 U.S.C. 300gg-22, 300gg-61), respectively.
    (b) Report.--Not later than 3 years after the date of the enactment 
of this Act, the Comptroller General of the United States shall submit 
to the appropriate Committees of Congress a report on the results of 
the study conducted under subsection (a), including recommendations on 
how to improve the enforcement of the provisions of the subtitles 
described in such subsection.
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