I 111th CONGRESS 1st Session H. R. 2635 IN THE HOUSE OF REPRESENTATIVES May 21, 2009 Ms. Linda T. Sánchez 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.

1.

Short title

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

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:

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.

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.