Insurance Company Tells Rape Victim Her Assault Would be a Pre-Existing Condition

Posted by RH Reality Check, RH Reality Check at 7:00 PM on October 21, 2009.

This post comes from Jodi Jacobson's blog at RH Reality Check.

There is a serious and deep disconnect on health reform between reality and the debates ongoing in Washington. For one thing, despite continued support by the actual people of the United States for a public option in health reform, some Senators, namely Max Baucus (D-Montana) just want "a bill that can pass." Sounds to me like that's a strong endorsement of giving us the lowest common denominator health bill on one of the most important issues of our time.

Yet another deep, deep disconnect is on the issue of women--the people, their lives, their reproductive needs--being considered either irrelevant a la Senator "Who-Needs-Maternity-Care" Kyl of Arizona (home of the Sheriff who wanted female inmates to pay extra transportation costs to procure abortions) or in the form of Senator "You-Can't-Pay-For-Your-Abortion-With-Your-Private-Insurance-Policy" Hatch (R-Utah), or the insurance companies and the Catholic Bishops for whom women's health is a pre-existing condition or a condition of original sin.

Out of all of this is an increasing string of stories of individual women who've been denied insurance because their wombs, breasts, rapes (pick one) or simply their sex makes them a "pre-existing condition."

Among the most recent examples is a woman who spoke at the launch of NWLC's "Being A Woman Is Not A Pre-Existing Condition" campaign on October 20th, 2009.

Writing at Womenstake.org, Amanda Stone recounts the tale of the speaker, Chris Turner:

"Nope, we won’t take her." This is what insurance companies in Florida said when asked whether they would provide insurance coverage to a hypothetical applicant who had survived rape. Let’s back up a few steps. First, who was asking the question? Second, why was the applicant's history posed as a hypothetical? Third, what can we do to change this dire situation?

In November 2002, [Chris Turner] was drugged and raped while on a business trip. She sought medical help from her physician, who put her on preventative anti-HIV medication, since there was no way of knowing whether the person who raped her used a condom. Following her assault, Chris was afraid to leave her house for some time. About a month after the assault, Chris gathered the courage to seek counseling to deal with her fears-counseling which continued for about a year. She took the steps she needed to take care of herself, and the steps she now encourages other rape survivors to take as a volunteer at a Florida organization called SOAR-Speaking Out About Rape. As a volunteer, she warns rape survivors about a harm which she faced-she tells them, "if you lose your insurance, you might not be able to get it back." This is exactly what happened to Chris.

As an insurance agent, Chris knows how the system works: "if you're rejected for coverage once it can put a black spot on your insurance record and keep you from getting health insurance in the future." So, why did the insurance companies she consulted refuse to cover a hypothetical rape survivor? Because the hypothetical rape survivor had sought treatment for her rape! Her use of preventative anti-HIV medication and her attendance in much needed counseling -- steps that were necessary to Chris’s health and well-being -- became obstacles to her future health and well-being, as they were cited for reasons why insurance companies refused to insure her hypothetical applicant.

In order to qualify for insurance coverage at all, her hypothetical applicant would have had to have tested negative for HIV for two to three years and have completed counseling for one to two years (depending on the specific insurance company and plan). If Chris, an insurance agent who knows the ins and outs of the insurance market, as unable to obtain health insurance following her assault, what chance do the rest of us have?

"What," asks Stone, "can we do to fix our flawed insurance market which penalizes us for using the insurance we have (if we are among those lucky enough to have health insurance at all)?"

Tagged as: rape, health care, health insurance, healthcare reform, pre-existing condition

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