HOUSE DOCKET, NO. 2399        FILED ON: 2/17/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4079

The Commonwealth of Massachusetts

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PRESENTED BY:

Natalie M. Higgins

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to trans-inclusive health care access.

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PETITION OF:

HOUSE DOCKET, NO. 2399        FILED ON: 2/17/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4079

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to trans-inclusive health care access.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after section 17R the following section:-

Section 17S. The commission shall not reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care.

For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health.

SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after section 10N the following section:-

Section 10O. The division shall not reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care.

For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health.

SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after section 47NN the following section:-

Section 47OO. No insurer or producer authorized to issue policies of insurance pursuant to sections 108 or 110 shall reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care.

For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health.

SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after section 8OO the following section:-

Section 8PP. No corporation subject to this chapter shall reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care.

For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health.

SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after section 4OO the following section:-

Section 4PP. No corporation subject to this chapter shall reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care.

For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health.

SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after section 4GG the following section:-

Section 4HH. No health maintenance organization subject to this chapter, and no officer or agent thereof, shall reject a letter from a health care provider, including, but not limited to a qualified mental health care professional, affirming the medical necessity of gender affirming care for a person for the purposes of accessing gender-affirming health care.

For purposes of this section, the term “qualified mental health care professional” shall, unless the context clearly requires otherwise, mean a mental health professional who meets the minimum credentials, training and standards of care for working with gender dysphoric adults and adolescents developed by the World Professional Association for Transgender Health.