BOISE - As congress tries to reform health care some lawmakers are working on a bill that would prohibit insurance companies from denying health care coverage to victims of domestic abuse.

Most states have already dealt with this issue, however eight states and the District of Columbia do not have any regulation prohibiting the practice. Mississippi, North Carolina, North Dakota, Oklahoma, South Carolina, South Dakota, Wyoming and Idaho lag behind the nation.

Here in Idaho Senate minority leader Kate Kelly spoke with 2News about legislation possibly coming to the gem state.

"We want Idaho law to protect the safety of domestic violence victims and allow them to get the medical treatment they need," she said.

But current law treats an injury from domestic violence the same as any other type of injury. If you go without coverage for more than 63 days your next insurance provider can evaluate your health and determine any injury you've previously suffered is ineligible for coverage, regardless how you were injured.

Bill Deal, director of the Idaho Department of Insurance, says in the last 10 years his office hasn't received one consumer complaint about the issue.

While his office would enforce the law if an insurance company were to drop coverage from someone who is currently suffering injuries from domestic abuse he says beyond the 63 day window all bets are off -- even for victims of spousal abuse.

"If it happened two or three months ago and you come in for a policy today and it's serious problem that may be a pre-existing condition," he explained. Then the insurance company could choose to not offer a health insurance plan.

But just because no one has complained to Deal's office some worry it can still happen.

"The domestic violence victim population is a very vulnerable population -- people who are unlikely to go to the authorities and complain about an insurance problem," Kelly said.

One survey done by the senate judiciary committee shows one in four insurance companies consider abuse before offering coverage. Another study reported eight of the 16 largest insurance companies use the practice. However this only goes on in the states that haven't enacted a law against it, like Idaho.

Kelly Miller is with the Idaho Coalition Against Sexual and Domestic Violence. She said more than 50 percent of people going through domestic abuse lose their job. That means they also lose health care coverage. And when injuries occur to people without insurance Miller says that can cause people to be scared.

"Victims might be afraid of disclosing to their doctor that they are a victim," Miller said. "Or even seeking medical attention when they need it because they might fear they might lose coverage for themselves of their children."