Amendment ID: S2538-7
Amendment 7
Preserving Affirming Health Care
Mr. Cyr, Ms. Rausch and Mr. Payano move that the proposed new draft be amended by adding the following sections:-
SECTION X. Chapter 32A of the General Laws is hereby amended by adding the following section:-
Section 34. (a) For any active or retired employee of the commonwealth who is insured under the group insurance commission, the commissioner shall not: (1) deny medically necessary treatment based on an individual’s gender identity or gender dysphoria, including, but not limited to, other procedures required in preparation for, as a component of, as a follow-up to, or as a revision of said treatment; (2) categorically exclude services used in the treatment of gender dysphoria when those services are medically necessary or when the same services are covered for the treatment or other conditions or single out a treatment or procedure for exclusion of coverage because the enrollee's gender identity differs from their sex assigned at birth; or (3) impose stricter requirements for coverage of a service when used to treat or ameliorate symptoms of gender dysphoria than when used to treat other conditions.
(b) The commission shall comply with applicable mental health parity requirements in section 22B of this chapter to ensure that mental health benefits are not subject to more restrictive financial requirements or treatment limitations than those applied to similarly classified medical and surgical benefits.
SECTION X. Chapter 118E of the General Laws is hereby amended by adding the following section:-
Section 83. (a) So far as permissible under federal law, the division shall not: (1) deny medically necessary treatment based on an individual’s gender identity or gender dysphoria, including, but not limited to, other procedures required in preparation for, as a component of, as a follow-up to, or as a revision of said treatment ; (2) categorically exclude services used in the treatment of gender dysphoria when those services are medically necessary or when the same services are covered for the treatment or other conditions or single out a treatment or procedure for exclusion of coverage because the enrollee's gender identity differs from their sex assigned at birth; or (3) impose stricter requirements for coverage of a service when used to treat or ameliorate symptoms of gender dysphoria than when used to treat other conditions.
SECTION X. Chapter 175 of the General Laws is hereby amended by adding the following section:-
Section 231. (a) Any policy, contract, plan, or certificate of insurance issued, delivered or renewed within the commonwealth, which is considered creditable coverage under section 1 of chapter 111M, shall not: (1) deny medically necessary treatment based on an individual’s gender identity or gender dysphoria, including, but not limited to, other procedures required in preparation for, as a component of, as a follow-up to, or as a revision of said treatment; (2) categorically exclude services used in the treatment of gender dysphoria when those services are medically necessary or when the same services are covered for the treatment or other conditions or single out a treatment or procedure for exclusion of coverage because the enrollee's gender identity differs from their sex assigned at birth; or (3) impose stricter requirements for coverage of a service when used to treat or ameliorate symptoms of gender dysphoria than when used to treat other conditions.
(b) The commission shall comply with applicable mental health parity requirements in section 47B of this chapter to ensure that mental health benefits are not subject to more restrictive financial requirements or treatment limitations than those applied to similarly classified medical and surgical benefits.
SECTION X. Chapter 176A of the General Laws is hereby amended by inserting the following section:-
Section 39. (a) Any contract between a subscriber and the corporation under an individual or group hospital service plan that is delivered, issued or renewed within the commonwealth shall not: (1) deny medically necessary treatment based on an individual’s gender identity or gender dysphoria, including, but not limited to, other procedures required in preparation for, as a component of, as a follow-up to, or as a revision of said treatment; (2) categorically exclude services used in the treatment of gender dysphoria when those services are medically necessary or when the same services are covered for the treatment or other conditions or single out a treatment or procedure for exclusion of coverage because the enrollee's gender identity differs from their sex assigned at birth; or (3) impose stricter requirements for coverage of a service when used to treat or ameliorate symptoms of gender dysphoria than when used to treat other conditions.
(b) The commission shall comply with applicable mental health parity requirements in section 8A of this chapter to ensure that mental health benefits are not subject to more restrictive financial requirements or treatment limitations than those applied to similarly classified medical and surgical benefits.
SECTION X. Chapter 176B of the General Laws is hereby amended by inserting the following section:-
Section 26. (a) Any subscription certificate under an individual or group medical service agreement delivered, issued or renewed within the commonwealth shall not: (1) deny medically necessary treatment based on an individual’s gender identity or gender dysphoria, including, but not limited to, other procedures required in preparation for, as a component of, as a follow-up to, or as a revision of said treatment; (2) categorically exclude services used in the treatment of gender dysphoria when those services are medically necessary or when the same services are covered for the treatment or other conditions or single out a treatment or procedure for exclusion of coverage because the enrollee's gender identity differs from their sex assigned at birth; or (3) impose stricter requirements for coverage of a service when used to treat or ameliorate symptoms of gender dysphoria than when used to treat other conditions.
(b) The commission shall comply with applicable mental health parity requirements in section 4A of this chapter to ensure that mental health benefits are not subject to more restrictive financial requirements or treatment limitations than those applied to similarly classified medical and surgical benefits.
SECTION X. Chapter 176G of the General Laws is hereby amended by inserting the following section:-
Section 34. An individual or group health maintenance contract that is issued or renewed shall not: (1) deny medically necessary treatment based on an individual’s gender identity or gender dysphoria, including, but not limited to, other procedures required in preparation for, as a component of, as a follow-up to, or as a revision of said treatment; (2) categorically exclude services used in the treatment of gender dysphoria when those services are medically necessary or when the same services are covered for the treatment or other conditions or single out a treatment or procedure for exclusion of coverage because the enrollee's gender identity differs from their sex assigned at birth; or (3) impose stricter requirements for coverage of a service when used to treat or ameliorate symptoms of gender dysphoria than when used to treat other conditions.
(b) The commission shall comply with applicable mental health parity requirements in sections 4, 4B and 4M of this chapter to ensure that mental health benefits are not subject to more restrictive financial requirements or treatment limitations than those applied to similarly classified medical and surgical benefits.