Despite critics’ claims, the GOP health bill doesn’t classify rape or sexual assault as a preexisting condition

The AHCA does not specifically address or classify rape or sexual assault as a pre-existing condition. It also would not deny coverage to anyone because of a pre-existing condition.

Under Obamacare, insurers are prohibited from discriminating against a host of health status-related factors for the purposes of eligibility. This list of factors includes a broad term called “health status,” and then other specific factors such as medical conditions (both mental and physical), claims experience, genetic information, disability and evidence of insurability, including conditions relating to acts of domestic violence. Obamacare also says insurers can only use four basic factors, such as age and geographical location, to determine rates for premiums and deductibles.

AHCA specifically addresses states’ abilities to get a waiver so that “health status” is no longer protected from underwriting, according to a House Energy and Commerce aide. But other protections remain in place — including for mental conditions and conditions relating to acts of domestic violence — and are still protected from being incorporated into insurance underwriting, according to the aide.

States and the Secretary of Health and Human Services would decide how to interpret “health status.” State waivers must be approved by the federal government. Opponents of AHCA say that because “health status” is up for interpretation, there is no control in the bill to prevent rising costs for survivors of rape and sexual assault.