Health insurance; nondiscrimination, gender identity or transgender status. (HB1466)
Introduced By
Del. Debra Rodman (D-Henrico) with support from co-patron Del. Danica Roem (D-Manassas Park)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Health insurance; nondiscrimination; gender identity or transgender status. Prohibits a health carrier from denying or limiting coverage or imposing additional cost sharing or other limitations or restrictions on coverage under a health benefit plan for health care services that are ordinarily or exclusively available to covered individuals of one sex to a transgender individual based on the fact that the individual's sex assigned at birth, gender identity, or gender otherwise recorded is different from the one to which such health services are ordinarily or exclusively available. The measure also prohibits a health carrier from (i) subjecting an individual to discrimination under a health benefit plan on the basis of gender identity or being a transgender individual or (ii) requiring that an individual, as a condition of enrollment or continued enrollment under a health benefit plan, pay a premium that is greater than the premium for a similarly situated covered person enrolled in the plan on the basis of the covered person's gender identity or being a transgender individual. The measure requires health carriers to assess medical necessity according to nondiscriminatory criteria that are consistent with current medical standards. Read the Bill »
Outcome
History
| Date | Action |
|---|---|
| 01/17/2018 | Committee |
| 01/17/2018 | Presented and ordered printed 18102741D |
| 01/17/2018 | Referred to Committee on Commerce and Labor |
| 01/23/2018 | Assigned C & L sub: Subcommittee #2 |
| 01/31/2018 | Impact statement from SCC (HB1466) |
| 02/06/2018 | Subcommittee recommends passing by indefinitely (5-Y 3-N) |
| 02/13/2018 | Left in Commerce and Labor |
Comments
The ACLU of Virginia supports this legislation that we believe is clarifying of existing law. The Commissioner of Insurance has the ability to prohibit such discrimination under existing provisions in the insurance code that prohibit discrimination between similarly situated individuals. For example, if an insurance policy covers hormone treatments for individuals for whom they are deemed medically necessary, current law would prohibit an insurer from withholding such treatment from a person simply because he/she is transgender. Many of the states that currently enforce nondiscrimination requirements in favor of transgender people do so on the basis of general nondiscrimination language similar to what is currently in the Virginia insurance code.
Would it cover a person who needs both a mammogram and a prostate exam?
That is an excellent question.