I 

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. SA ́NCHEZ 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Gender Equity in 

5 Health Premiums Act’’. 

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1 SEC. 2. PROHIBITING GENDER RATING IN THE GROUP AND 

2 INDIVIDUAL HEALTH INSURANCE COVERAGE 

3 MARKETS. 

4 (a) GROUP HEALTH PLANS.— 

5 (1) PUBLIC HEALTH SERVICE ACT AMEND6 MENT.—Section 2702(b)(1) of the Public Health 

7 Service Act (42 U.S.C. 300gg–1(b)(1)) is amended 

8 by inserting before the period the following: ‘‘or on 

9 the basis of the gender of such individual or depend10 ent’’. 

11 (2) INTERNAL REVENUE CODE OF 1986 AMEND12 MENT.—Section 9802(b)(1) of the Internal Revenue 

13 Code of 1986 is amended by inserting before the pe14 riod the following: ‘‘or on the basis of the gender of 

15 such individual or dependent’’. 

16 (b) INDIVIDUAL MARKET.—Subpart 2 of part B of 

17 title XXVII of the Public Health Service Act (42 U.S.C. 

18 300gg–51 et seq.) is amended by adding at the end the 

19 following new section: 

20 ‘‘SEC. 2754. PROHIBITING GENDER RATING. 

21 ‘‘Insofar as the provisions of section 2702(b)(1) apply 

22 to gender, such provisions shall apply to health insurance 

23 coverage offered by a health insurance issuer in the indi24 vidual market in the same manner as they apply to health 

25 insurance coverage offered by a health insurance issuer 

26 in connection with a group health plan.’’. 

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1 (c) EFFECTIVE DATE.— 

2 (1) GROUP HEALTH PLANS.—The amendments 

3 made by subsection (a) shall apply to plan years be4 ginning on or after the date that is 6 months after 

5 the date of the enactment of this Act. 

6 (2) INDIVIDUAL MARKET.—The amendment 

7 made by subsection (b) shall apply with respect to 

8 health insurance coverage offered, sold, issued, re9 newed, in effect, or operated in the individual mar10 ket for plan years beginning on or after the date 

11 that is 6 months after the date of the enactment of 

12 this Act. 

13 SEC. 3. GAO STUDY AND REPORT ON EFFECTIVENESS OF 

14 ENFORCEMENT MECHANISMS IN GROUP AND 

15 INDIVIDUAL HEALTH INSURANCE COVERAGE 

16 MARKETS. 

17 (a) STUDY.—The Comptroller General of the United 

18 States shall conduct a study evaluating the extent to which 

19 the provisions of parts A and B of title XXVII of the Pub20 lic Health Service Act (42 U.S.C. 300gg et seq.) are effec21 tively enforced pursuant to sections 2722 and 2761 of 

22 such Act (42 U.S.C. 300gg–22, 300gg–61), respectively. 

23 (b) REPORT.—Not later than 3 years after the date 

24 of the enactment of this Act, the Comptroller General of 

25 the United States shall submit to the appropriate Commitmstockstill@gpo.gov on PROD1PC66 with BILLS

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1 tees of Congress a report on the results of the study con2 ducted under subsection (a), including recommendations 

3 on how to improve the enforcement of the provisions of 

4 the subtitles described in such subsection. 

Æ 

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