Nondiscrimination Protections

On June 25, 2018, the New York Department of Financial Services issued Ins. Circ. Ltr. No. 9 (2018) as a reminder to all insurers authorized to write accident and health insurance in New York State that, regardless of protections at the federal level, New York State requires non-discrimination protections based on sexual orientation, gender identity and/or gender dysphoria.

As background, Gov. Cuomo believes that the Trump Administration plans to repeal a federal regulation that includes gender identity within the ACA’s nondiscrimination protections based on sex. The circular letter notes that New York State Non-Discrimination Provisions protect individuals based on sexual orientation, gender identity and gender dysphoria and remain in-force regardless of the federal non-discrimination protections or lack thereof.

Fully-insured employers do not need to take any action, but it is a good reminder that insurance carriers issuing policies in NY would continue to be bound by that state’s laws regarding non-discrimination regardless of whether the related federal regulation is repealed.

Ins. Circ. Ltr No. 9 »