Insights

Discrimination Related to Gender Identity Prohibited


On June 16, 2022, Gov. Ige signed HB 2405 into law. The new law prohibits health insurers from discriminating against an individual in terms of coverage or cost based on the individual’s actual or perceived gender identity. Additionally, carriers are prohibited from applying categorial cosmetic or blanket exclusions to gender affirming treatments or procedures when determined to be medically necessary.

Further, health insurers must provide applicants and insured persons with clear information about the coverage of gender transition services, including the process for appealing a claim denied based on medical necessity. Services may include but are not limited to: hormone therapies; hysterectomies; mastectomies; vocal training; feminizing vaginoplasties; masculinizing phalloplasties; metaoidioplasties; breast augmentations; masculinizing chest surgeries; facial feminization surgeries; reduction thyroid chondroplasties; voice surgeries and therapies; and electrolysis or laser hair removal.

The new law was effective upon signature. Therefore, employers should work with insurers to make sure that their eligibility and coverage provisions comply with the new law.

HB 2405 »