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 Com-
mittee 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 Representa-
tives 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’’. 
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SEC. 2. PROHIBITING GENDER RATING IN THE GROUP AND 
INDIVIDUAL HEALTH INSURANCE COVERAGE 
MARKETS. 
(a) GROUP HEALTH PLANS.— 
(1) PUBLIC
HEALTH
SERVICE
ACT
AMEND-
MENT.—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 depend-
ent’’. 
(2) INTERNAL REVENUE CODE OF 1986 AMEND-
MENT.—Section 9802(b)(1) of the Internal Revenue 
Code of 1986 is amended by inserting before the pe-
riod 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 indi-
vidual 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.’’. 
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(c) EFFECTIVE DATE.— 
(1) GROUP HEALTH PLANS.—The amendments 
made by subsection (a) shall apply to plan years be-
ginning 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, re-
newed, in effect, or operated in the individual mar-
ket 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 Pub-
lic Health Service Act (42 U.S.C. 300gg et seq.) are effec-
tively 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 Commit-
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tees of Congress a report on the results of the study con-
ducted under subsection (a), including recommendations 
on how to improve the enforcement of the provisions of 
the subtitles described in such subsection. 
Æ 
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