Attorney General Bonta to Insurance Companies: Discrimination Against Reproductive and Gender-Affirming Care Providers Unlawful in the Provision of Professional Liability Insurance
Sends letters to 15 insurance companies on legal obligations under AB 571, issues alert to insurance industry generally
Potential violations of AB 571 can be reported at oag.ca.gov/report
OAKLAND — California Attorney General Rob Bonta today sent letters to 15 insurance companies to remind them of their obligations under Assembly Bill 571 (AB 571) and request copies of their policies demonstrating compliance with AB 571. Authored by Assemblywoman Cottie Petrie-Norris (D-Irvine), AB 571 went into effect on January 1, 2024 and prevents insurers from refusing to issue or renew, or from altogether terminating, professional liability insurance for a licensed medical provider based solely on their provision of abortion, contraception, or gender-affirming care services, if the services are performed in and lawful in California. Attorney General Bonta also published an alert directed at the insurance industry generally regarding their obligations under AB 571. A major barrier to expanding access to abortion care is the cost and availability of professional liability insurance, despite evidence showing that large premiums are not proportional to the true liability risk. Also known as malpractice insurance, professional liability insurance protects licensed providers from medical malpractice lawsuits.
“California has been and remains committed to protecting the right to choose and the right of individuals to access necessary medical care,” said Attorney General Bonta. “Licensed providers that offer reproductive and gender-affirming care too often face significant obstacles in securing malpractice insurance — the California Legislature passed, and the Governor signed into law, AB 571 to tear down those barriers. With today’s letters and alert, my office is reminding insurance companies of their legal obligations under AB 571. Compliance is not optional. I encourage Californians to report potential violations at oag.ca.gov/report.”
Additionally, under AB 571, insurers may not increase premiums or impose surcharges on healthcare providers solely because they offer abortion, contraception, or gender-affirming services. Further, insurers may not deny coverage for liability for damages arising from offering or performing abortion, contraception, gender-affirming healthcare, or care related to those healthcare services, if those services are within the scope of the insured’s license, the services are lawful in California, and the policy would otherwise cover liability arising from performing or rendering other services within the scope of the insured’s license.
Given the importance of ensuring that reproductive and gender-affirming care providers are able to provide care in California, Attorney General Bonta encourages insurers to:
- Review their policies and procedures to ensure that they comply with AB 571.
- Review their employee training to ensure that employees are aware of AB 571.
- Take any additional proactive steps to ensure compliance with AB 571.
Copies of the letters to the 15 insurance companies can be found below. A copy of the alert can be found here.
Letter to Admiral Insurance Group
Letter to Allied World Assurance Company
Letter to Hiscox Insurance Company, Inc.
Letter to Hudson Insurance Group, LTD
Letter to Markel Insurance Company
Source: Office of the Attorney General of California
