SENATE DOCKET, NO. 2063        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 621

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Julian Cyr

_________________

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 gender-affirming hair removal treatment.

_______________

PETITION OF:

SENATE DOCKET, NO. 2063        FILED ON: 1/20/2023

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 621

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to gender-affirming hair removal treatment.

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, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 30 the following new section:-

Section 31. (a) Any coverage offered by the commission to an active or retired employee of the commonwealth insured under the group insurance commission shall provide coverage for gender-affirming hair removal procedures including, but not limited to, laser hair removal and electrolysis hair removal prescribed as medical treatment in accordance with accepted standards of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject to a statement from a treating provider that the procedure is necessary for treatment related to an individual’s gender identity. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the commission.

(b) A health insurance carrier may not exclude coverage for laser hair removal, electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed as medical treatment related to an individual’s gender identity. 

SECTION 2. Chapter 118E of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 10N the following new section:- 

Section 10O. (a) The division shall provide coverage for gender-affirming hair removal procedures including, but not limited to, laser hair removal and electrolysis hair removal prescribed as medical treatment in accordance with accepted standards of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject to a statement from a treating provider that the procedure is necessary for treatment related to an individual’s gender identity. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the division.

(b) The division and its contracted health insurers, health plans, health maintenance organizations, behavioral health management firms and third-party administrators under contract to a Medicaid managed care organization or primary care clinician plan may not exclude coverage for laser hair removal, electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed as medical treatment related to an individual’s gender identity.

SECTION 3. Chapter 175 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after section 47TT the following new section:- 

Section 47UU. (a) The following shall provide coverage for gender-affirming hair removal procedures including, but not limited to, laser hair removal and electrolysis hair removal prescribed as medical treatment in accordance with accepted standards of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary, intersex, or other gender diverse individuals. (i) any policy of accident and sickness insurance, as described in section 108, which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and policyholder in the commonwealth; (ii) any blanket or general policy of insurance described in subdivision (A), (C) or (D) of section 110 which provides hospital expense and surgical expense insurance and which is delivered, issued or subsequently renewed by agreement between the insurer and the policyholder in or outside of the commonwealth; or (iii) any employees’ health and welfare fund which provides hospital expense and surgical expense benefits and which is delivered, issued or renewed to any person or group of persons in the commonwealth. Coverage shall be subject to a statement from a treating provider that the procedure is necessary for treatment related to an individual’s gender identity. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.

(b) A health insurance carrier may not exclude coverage for laser hair removal, electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed as medical treatment related to an individual’s gender identity.

SECTION 4. Chapter 176A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 38 the following new section:- 

Section 39. Any contract between a subscriber and the corporation under an individual or group hospital service plan which is delivered, issued or renewed within the commonwealth shall provide coverage for gender-affirming hair removal procedures including, but not limited to, laser hair removal and electrolysis hair removal prescribed as medical treatment in accordance with accepted standards of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject to a statement from a treating provider that the procedure is necessary for treatment related to an individual’s gender identity. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.

(b) A health insurance carrier may not exclude coverage for laser hair removal, electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed as medical treatment related to an individual’s gender identity.

SECTION 5. Chapter 176B of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after Section 25 the following new section:- 

Section 26: Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall provide coverage for gender-affirming hair removal procedures including, but not limited to, laser hair removal and electrolysis hair removal prescribed as medical treatment in accordance with accepted standards of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject to a statement from a treating provider that the procedure is necessary for treatment related to an individual’s gender identity. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.

(b) A health insurance carrier may not exclude coverage for laser hair removal, electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed as medical treatment related to an individual’s gender identity.

SECTION 6. Chapter 176G of the General Laws, as appearing in the 202 Official Edition, is hereby amended by inserting after section 33 the following new section:- 

Section 34. Any individual or group health maintenance contract shall provide coverage for gender-affirming hair removal procedures including, but not limited to, laser hair removal and electrolysis hair removal prescribed as medical treatment in accordance with accepted standards of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject to a statement from a treating provider that the procedure is necessary for treatment related to an individual’s gender identity. The benefits in this section shall not be subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by the insurer.

(b) A health insurance carrier may not exclude coverage for laser hair removal, electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed as medical treatment related to an individual’s gender identity.