[Congressional Record Volume 142, Number 82 (Thursday, June 6, 1996)]
[Extensions of Remarks]
[Pages E1013-E1014]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           VICTIMS OF DOMESTIC ABUSE INSURANCE PROTECTION ACT

                                 ______


                           HON. EARL POMEROY

                            of north dakota

                    in the house of representatives

                        Wednesday, June 5, 1996

  Mr. POMEROY. Mr. Speaker, I rise today to introduce the ``Victims of 
Domestic Abuse Insurance Protection Act.'' The purpose of this 
legislation is to protect those individuals who are survivors of abuse 
from being penalized by their insurance companies for injuries that 
they have not brought upon themselves.
  Recently, it has come to light that some insurance companies 
routinely deny emergency room care, increase premiums, and refuse to 
issue insurance policies of all types to survivors of domestic 
violence. Denying insurance coverage and refusing to pay emergency room 
visits only compounds a victim's problems. Domestic violence is a 
national problem, and we should not allow discriminatory practices by 
insurance companies and their underwriters make a victim's 
circumstances worse.
  Specifically, ``the Victims of Domestic Abuse Insurance Protection 
Act'' would prohibit insurance companies from denying, refusing to 
issue or reissue, canceling, or denying the payment of a claim based on 
incidents of domestic violence.
  As the former Insurance Commissioner of North Dakota, I was taken-
back when I learned of this practice, and while there is no record--to 
my knowledge--of denials or cancellations occurring in North Dakota--
there is insurance discrimination of this nature occurring in other 
states.
  In fact, the Pennsylvania State Insurance Commissioner surveyed 
company practices in Pennsylvania and found that 26% of the respondents 
acknowledged that they considered

[[Page E1014]]

domestic violence a factor in issuing health, life and accident 
insurance. This is terribly wrong. Domestic violence is not a 
``preexisting condition'' and it is not brought on by a victim's 
behavior. It is brought on by the batterer and he or she is the one who 
should be penalized, not the victim.
  Health care plans should not exclude or limit the ability of domestic 
abuse survivors to acquire health insurance--nor should insurance plans 
apply ``preexisting condition'' exclusions to conditions that result 
from domestic violence.
  While it is encouraging that some insurance companies are beginning 
to change their underwriting practice as they become educated about 
domestic violence, I believe that a national solution is needed. Women 
who have survived the violence and the brutal beatings of domestic 
violence need the assurance that no matter what state they reside in 
they and their children will not be denied coverage based on a prior 
domestic violence situation. A situation that was not in any way their 
fault.
  Case after case can be cited in which insurance companies denied 
insurance benefits to a victim of abuse. For instance, a woman in 
California was repeatedly turned down for health insurance coverage 
following a review of medical records which detailed beatings by her 
husband. In Minnesota, a women's shelter was told that it was 
considered uninsurable because its employees are almost all survivors 
of domestic violence. In the state of Washington, a child was twice 
denied health insurance because he had been sexually abused in a day 
care facility and a woman in the same state had her homeowner's policy 
cancelled. The letter of cancellation noted five claims over the last 
twelve years, specifically the letter pointed out the most recent one 
involving ``a domestic violence situation of individuals that are 
living with'' the insured. The angry ex-wife of the woman's boyfriend's 
brother damaged the door.
  I have introduced this legislation today because I believe that 
denying insurance to victims of abuse only compounds the victim's 
problematic circumstances. Again, domestic violence is a national 
problem, and we should not allow insurance companies to make matters 
worse for victims by excluding them from insurance coverage. I am 
confident that this legislation will give victims the assurance they 
need that their insurance policies will be there for them in their time 
of need.

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