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Shapiro Administration removes barrier to Promote Equity, Allows Insurers to Collect Voluntarily Disclosed Race and Ethnicity Data

12/21/2023

Harrisburg, PA – In keeping with Governor Josh Shapiro's commitment to serve Pennsylvanians effectively and ensure every Pennsylvanian – no matter where they come from, what they look like, who they love or who they pray to  –  can thrive in the Commonwealth, the Pennsylvania Insurance Department (PID) today announced that it has amended Chapter 89 of Title 31 in the Pennsylvania Code (relating to approval of life, accident and health insurance), allowing insurers to ask applicants to voluntarily provide demographic data on insurance applications in an effort to promote equity initiatives.

 

"PID remains committed to diversity, equity and inclusion, and recognizes there is still work to be done. We look forward to being part of a broader solution to aid vulnerable populations. Health insurers can play a critical role in helping the Commonwealth identify better practices and pathways to healthcare equity," said Pennsylvania Insurance Commissioner Michael Humphreys. "We encourage and appreciate insurer efforts to identify existing disparities, evaluate the effectiveness of initiatives to address those disparities, and ultimately create a pathway to eliminate those disparities within the Commonwealth's insurance marketplace. The collection of demographic data is especially important to understand health care utilization in different communities across the Commonwealth." 
 

This amended regulation permits life, accident, and health insurers in the Commonwealth to collect voluntarily disclosed demographic data on a life, accident, or health insurance application to promote health equity only. Unfair discrimination remains prohibited, and the amended regulation makes clear that the data may not be used for underwriting or eligibility determinations, among other guardrails.

 
PID consistently communicates with insurers on equity issues and their effects on health insurance. In doing so, PID has received valued feedback from the industry, specifically requests from insurers to collect demographic data from their members who are willing to provide it, and to enhance the existing regulatory guardrails for the betterment of underserved communities. 
 

As part of these updated guardrails, insurers will need to inform applicants that the demographic data questions are optional, why the data is being collected, and how the data will support equitable coverage efforts. 

 

If a consumer believes they have been subjected to unfair discrimination for any reason, or if they have questions or would like to submit a complaint about their insurance, health plan, or a denied claim, consumer may contact the Insurance Department Consumer Services Bureau online or at 1-877-881-6388.

 

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