At a town hall meeting in Willingboro, N.J., on Wednesday, U.S. Rep. Tom MacArthur was
confronted by angry constituents
A young man named Joseph said he understood that the bill would allow insurance companies to deem rape a pre-existing condition and deny coverage to people who have been raped.
He demanded that MacArthur defend his support of
the bill
MacArthur tried to assure the crowd that rape victims would be protected under the bill. He said the notion that rape could be treated as a pre-existing condition had been
debunked
"You cannot be denied or charged more because of having been raped," MacArthur told the booing crowd.
But that didn't satisfy the crowd, which was worked up by the idea that a rape victim could be denied health care. It's
a notion
Later at the town hall meeting, a young woman asked the congressman a similar question.
"Is rape considered a pre-existing condition under your amendment? Yes or no?" demanded a 17-year-old named Daisy, drawing cheers from the crowd. "Yes or no, yes or no? One word, please!"
But, as with most things in health care, the reality is too complex to reduce to yes-and-no questions, or simple statements.
Before the Affordable Care Act
Before the Affordable Care Act was passed in 2010, insurance companies didn't specifically include rape as a pre-existing condition that would allow them to deny victims coverage or charge them more. But a handful of conditions and interventions that can follow a sexual assault could have led people who were raped to be excluded from buying policies.
"What could happen, and we don't know for sure, is that the ways people access the health care system after an assault could be flagged by some insurance companies as high risk," says
Dr. Diane Horvath-Cosper
Horvath-Cosper says some rape victims are given medications after the assault to prevent them from contracting HIV or other sexually transmitted infections. And some people who are sexually assaulted seek mental health counseling for post-traumatic stress disorder or other conditions.
Before the Affordable Care Act, also known as Obamacare, people could be denied coverage or charged more for insurance if they took medications to treat HIV/AIDS or had existing mental health conditions. For example, seeking treatment for depression was listed as a "permanent decline" in a pre-Obamacare underwriting guide for the insurance company Humana. Underwriting guides from before the ACA for four insurance companies all show AIDS as a "declinable" condition.
An
investigation
That all changed with the Affordable Care Act.
Under the ACA, insurance companies must provide comprehensive coverage, as defined by a list of "
essential health benefits
What's in the House GOP bill
The bill passed by House Republicans last week, called the American Health Care Act, retains the "essential health benefit" language in federal law, as Health and Human Services Secretary
Tom Price
"There's a specific statement within the proposed legislation itself, that went through the House and is now in the Senate, that says that no insurance company can decrease the access to coverage for anybody based upon a pre-existing condition," Price said.
However, the bill includes a
huge loophole
"By dismantling all those consumer protections, essentially you leave people in the market and insurance companies could return back to those discriminatory practices of the past," says
Janel George,
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