Bill Bans Insurance Companies Classifying Domestic Violence as Pre-Existing Condition

The Oklahoma Senate has approved a bill that would prohibit insurance companies form classifying domestic violence as a pre-existing condition.

Monday, March 15th 2010, 2:24 pm

By: News 9


By Dave Jordan, NEWS 9

OKLAHOMA CITY -- In some states getting beaten by a spouse could be considered a pre-existing condition, meaning insurance companies could deny coverage to a past victim. But the Oklahoma Senate wants to make sure that doesn't happen in the state.

The Senate passed a bill that deals specifically with this issue and now it heads to the House for a vote.

Read Senate Bill 1251

One domestic violence survivor is throwing her support behind it.

The horrors of domestic violence are all too real for Shelly Collins. Six years ago, she was left for dead after her husband shot her multiple times. Now she is speaking out in support of the bill that would ensure coverage for domestic violence survivors.

It's only two pages long, but if it passed, Senate Bill 1251 could become a lifeline for the thousands of domestic violence survivors in this state. It clearly states:

"No health benefit plan shall deny a claim on the basis of the insured's status as a victim of domestic violence. It goes on to say Domestic abuse shall not be considered to be a pre-existing condition."

"He kicked in the door and shot at me with a .45 caliber handgun and shot me five times," Collins said.

That happened six years ago in Texas, just three days after Collins left her husband.  He later committed suicide in a Texas motel room. She underwent five operations and will have to have another. Collins supports this measure.

"This bill keeps coverage in place for people who need it," Shelly Collins said. "If they cut your coverage off because of a domestic incident, you're basically left out in the cold."

To date, Oklahoma has not seen any case of domestic violence survivors being denied insurance coverage. But Senator Jim Wilson of Tahlequah who wrote Senate Bill 1251 says it's already happened in eight other states.

"You might have a claim when you're 45 years old for breast cancer and you might have been abused when you were 23 and didn't put that on your application so they can use that as an excuse to deny the coverage saying you are fraudulent with the application," Sen. Wilson said.

The Coalition Against Domestic Violence and Sexual Assault says it's just another added layer of protection.

"While things are good in Oklahoma right now, this bill serves a very good purpose in making sure it's established in law," Wilson said.

This bill now goes to the House for a vote. Senator Wilson says he hopes there will be a hearing on this bill within two weeks.

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