December 15, 2015
On Nov. 24, 2015, the Minnesota Department of Insurance published Administrative Bulletin 2015-5, which relates to gender identity nondiscrimination requirements. The purpose of the bulletin is to advise insurers delivering or issuing policies in Minnesota that discrimination against an individual because of that individual’s gender identity or expression is prohibited. According to the bulletin, the prohibition extends to the availability of health insurance coverage and the provision of health insurance benefits. The bulletin restates Minnesota law to prohibit discrimination in any business practice (including insurance) that allows discrimination based on protected classes, which includes gender and sexual orientation. The department will disapprove policy forms if there are exclusions based on coverage for medically necessary treatment for gender dysphoria and related conditions, including gender confirmation surgery (previously known as sex reassignment surgery). Lastly, the bulletin contains contact information for related questions. Although the bulletin contains no new compliance requirements for employers, they should be aware of the prohibition on discrimination.
Administrative Bulletin 2015-5 »