Lively debate preceded the Senate’s Wednesday vote in favor (23-15) on SB 148, which prohibits insurance companies from using gender as a factor in determining health insurance rates.

Senator John Sapien, an insurance salesman, was one of the biggest opponents of the bill. Sapien stated, “Rates are determined by actuarial fact…gender rating is not discriminatory. We utilize gender because gender has and impact on the claim.”

Several senators, including Dede Feldman, noted that while women of childbearing age do go to the doctor more often than men, they do so for preventative care, which saves them and the insurance companies money in the long run.

“Women are being punished for actually trying to take care of themselves,” Feldman said.

But others disagreed. “My husband is going to end up paying more,” Senator Gay Kernan said, alluding to one of the largest elements of the opposition, that rates for women wouldn’t go down, instead costs for men would rise to match those of women.

Senator Rod Adair agreed, saying, “I think this is going to pass even though it works to impose an ideological model on top of business practices. …It doesn’t matter to the Legislature, during this time of economic need and loss of jobs and income, real income, even if it raises cost of living for everyday families living in New Mexico.”

The bill’s sponsor, Sen. Nancy Rodriguez, countered with statistics from the other 11 states that have implemented similar measures, saying, “In a survey of states who have banned practice, there is no conclusive evidence that men’s rates were to go up.”

Senator Peter Wirth felt that even if the cost went up, “it may mean we pay a little more and I’m willing to do that because I think it’s the right thing to do.”