Texas Insurance Companies Abuse Victims of Domestic Violence

By
Glenn W. Smith
– September 22, 2009Posted in: Uncategorized

domestic violence6 1 300x199 Texas Insurance Companies Abuse Victims of Domestic ViolenceDo Texas insurance companies call domestic violence a pre-existing condition and deny Texans coverage? Yes, at least when it comes to half the insured in Texas. It’s a barbaric practice, and it should end.

That’s not all. Property insurance companies discriminate against homeowners (pdf) who are victims of domestic violence on the theory, I guess, that the violence might damage the property. To hell with its human victims.

Genevieve Van Cleve’s excellent essay makes clear the immorality and cruelty behind insurance company actions that punish victims of domestic violence.

Domestic violence is listed in the Texas Insurance Code and Texas Department of Insurance rules as part of a person’s “health status.” Here’s the operative paragraph, repeated in many places:

Health status related factor–Health status; medical condition, including both physical and mental illnesses; claims experience; receipt of health care; medical history; genetic information; evidence of insurability, including conditions arising out of acts of domestic violence; and disability.

HMOs and group policy underwriters are prohibited from denying coverage based on health status related factors. There is no such prohibition on individual policies. And, if a member of a group mispresents her health status, for instance, doesn’t disclose she has been victimized by domestic violence, premiums can be raised.

Texas wasn’t included among the states mentioned in the SEIU report that detailed the treatment of domestic violence as a pre-existing condition. But it’s a little misleading. Under many circumstances, insurance companies can punish victims of domestic violence.

Here’s the smoking gun from the Texas section of healthinsuranceinfo.net:

In Texas, your ability to buy an individual health insurance policy from a private insurance company depends on your health status.

· In general, companies that sell individual health insurance in Texas are free to turn you down because of your health status and other factors. When applying for individual health insurance, you may be asked questions about health conditions you have now or had in the past. Depending on your health status, insurers might refuse to sell you coverage or offer to sell you a policy that has special limitations on what it covers. If you are turned down or offered a policy with reductions or restrictions, you may be eligible for coverage from the Texas Health Insurance Pool.

However, under no circumstance may you be turned down, charged more, or face a pre-existing condition exclusion period by an individual insurer because of your genetic information. Genetic information includes the results of a genetic test and your family history of health conditions.

According to the Center for Public Policy Priorities (pdf), only about half the Texas population gets health insurance through an employer, one of the lowest rates in the nation. Forty-eight percent of those with insurance are on private plans. Others, approximately 6 million, are uninsured.

Domestic violence can be considered a pre-existing condition for Texans with individual policies, and insurers can deny coverage. What kind of cold-hearted monster would further punish a fellow citizen who has already suffered from domestic violence? What could justify such further acts of violence, which is what the denial of health insurance is? Do the kings of insurance spend the money they save on new televisions? On a vacation?

How badly do we need health care reform? Badly. Lives are at stake. And our souls. Advocacy groups like the Texas Council on Family Violence have done heroic work to protect victims and would-be victims of domestic violence. But it’s our responsibility to reform health care, and end such practices as the insurance industry abuse of victims of domestic violence.

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About Glenn W. Smith

Glenn W. Smith has spent the past 30 years in journalism and politics, where he’s made a name for himself as a writer, campaign manager, activist, think tank analyst and, as Daily Kos founder Markos Moulitsas says, a “legendary political consultant and all-around good guy.” “There’s no one like him,” says author George Lakoff. CNN commentator Paul Begala says, “He has unmatched experience, a graceful pen (or pixel nowadays) and deep insight into the best and worst of us.” Novelist Sarah Bird speaks of his “lucid and lyrical” prose. And, she says, he’s fun. Huffington Post founder Arianna Huffington says Glenn writes with “grace and abundant humor” and “uses his colorful experiences in Texas to enlighten us all.”

Smith led Ann Richards’ successful 1990 campaign for Governor of Texas. He worked for former Texas Lt. Gov. Bill Hobby and U.S. Senator Lloyd Bentsen. Earlier, Smith was a political reporter for the Houston Chronicle and the Houston Post. He’s coordinated national campaigns for groups such as MoveOn.org. In 2004, he authored the highly acclaimed book, The Politics of Deceit: Saving Freedom and Democracy from Extinction. He also wrote Unfit Commander, a book that detailed George W. Bush’s mysterious disappearance from military service.

In 2004, Smith was featured in the film, Bush’s Brain, a documentary about Karl Rove. Smith provided commentary on Rove’s role as then-President Bush’s senior advisor. He has made numerous media appearances with Chris Mathews on Hardball, Joe Scarborough, Brit Hume, and many others. He writes a regularly for top national web sites, including FireDogLake and Huffington Post.

As a senior fellow at George Lakoff’s prestigious Rockridge Institute in Berkeley he studied, wrote and taught on the power of metaphor and narrative in political communications. He also lectured on religion and politics at the Starr King School for Ministry in Berkeley. As a sponsor and organizer, he has pulled together numerous national events with progressive religious leaders. He also organized a celebration of Dr. Martin Luther King at Riverside Church in New York City as well as “Freedom and Faith” bus tours, which was a nationwide campaign for social justice and progressive values.

Smith’s play, Double Play, which explored American Western myths and legends, was held over to sold-out audiences. He’s even written and performed songs in the Americana tradition, such as his best-known song, “Helping Marty Robbins,” a tribute to his hometown, Houston.

Most recently, Smith is the creator of DogCanyon, a political and cultural web site covering state, national and global issues from a Texas perspective. DogCanyon is an exhilarating and unique site that gets the connections between politics and culture and explores both the personal side of politics and the ups, down, craziness and beauty of “life its ownself,” as humorist Dan Jenkins would say. DogCanyon offers heartfelt personal essays, hard-hitting political analysis, and, most importantly, laughs.

As Paul Begala said, Smith writes in “the finest, firmest, fearless tradition of Texas essayists like Molly Ivins.”