D.C. Moves To Protect Transgender Residents from Insurance Discrimination
Bulletin issued by DISB outlines parity in coverage for transgender consumers of health insurance
By John Riley
Published on March 19, 2013, 6:24pmhttp://www.metroweekly.com/news/?ak=8204The District's Department of Insurance, Securities and Banking (DISB) has issued a bulletin prohibiting discrimination based on gender identity or expression by insurance companies who underwrite health-insurance policies in D.C.
The March 15 bulletin clarifies the District's Unfair Insurance Trade Practices Act, which makes it illegal to refuse to insure, refuse to continue insuring, or limit the insurance coverage of an individual based on gender identity or expression, among other characteristics. Under the clarification, private insurance companies that underwrite coverage for individual or group plans will have 90 days – meaning a deadline of June 15 – to file revised policies with DISB that eliminate any discriminatory language barring certain services to transgender individuals, explains Amy Loudermilk, deputy director of the Mayor's Office of GLBT Affairs.
The recent clarification is not a new mandate, notably, but simply provides parity to transgender individuals, allowing them access and coverage for the same services as non-transgender patients, according to Philip Barlow, associate commissioner for insurance at DISB. As Medicaid is a federal program, the District's gender-identity nondiscrimination rule does not apply to people on that program.
Department of Insurance, Securities and Banking and the Office of GLBT Affairs Announce Prohibition on Discrimination in Health Insurance on the Basis of Gender Identity or Expression
Monday, March 18, 2013
Press Releasehttp://disb.dc.gov/release/department-insurance-securities-and-banking-and-office-glbt-affairs-announce(Washington, DC) – On Friday, March 15th, the Department of Insurance, Securities, and Banking (DISB) issued a bulletin that prohibits discrimination based on gender identity or expression by insurance companies writing health insurance in the District of Columbia. The bulletin clarifies the District Official Code § 31-2231.11(c), the District's Unfair Insurance Trade Practices Act, which makes it illegal to refuse to insure, refuse to continue insuring, or limit the insurance coverage to an individual on the basis of gender identity or expression and a host of other areas.
The DISB bulletin makes clear that discriminatory language barring certain services to transgender individuals is not enforceable. Furthermore, health insurance companies with this type of discriminatory language in their policy have 90 days from the issuance of the bulletin to update their policy forms.
With the issuance of this directive, the District becomes one of the first places to prohibit discrimination based on gender identity and expression in health care and insurance. Only California and Oregon offer similar protections.
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LINK TO TEXT OF THE BULLETIN (PDF):
13-IB-01-30/15 Prohibition of Discrimination in Health Insurance Based on Gender Identity or Expression
