Maryland bulletin re health insurance discrimination against transgender people

[ThePhoenix]

Today the Maryland insurance administration issued the bulletin linked to below on discrimination against transgender persons in health insurance under policies issued in Maryland.  This is a positive step, making Maryland one of the small handful of states that has issued official guidance on discrimination against person.  My first blush impression, however, is that this bulletin still expressly allows discrimination in the form of denial of coverage for procedures related to transition, even if the same procedure would be covered for non-trans*-folk. 

http://www.mdinsurance.state.md.us/sa/docs/documents/insurer/bulletins/bulletin-1402-transgender.pdf

On a personal note of amusement, I spoke to a delegation of LGBT activists from South and Central America today and was asked about the landscape of coverage for trans* people in the U.S.  As a part of my answer, I noted that the landscape is changing so fast that even though I am an insurance attorney and a lawyer who follows trans* related law, it is hard for even me to keep up with it all.  So I thought it was really amusing to come home and find this information came out while I was speaking to them, as if to underscore the point. 

[Eva Marie]

California (where I live) has something similar so I'm happy that it's spreading east. I'm testing how serious California is about enforcement of the policy; my health insurance company is refusing to pay my claims for therapy (medically necessary). I've filed a discrimination complaint on them with the state. We will see what happens.

And you are right, things seem to be changing very fast for the trans* community now.

[ThePhoenix]

The difference is that the California determination specifically forbids the anti-transgender exclusions.  A copy of the California insurance bulletin is here:

http://transgenderlawcenter.org/wp-content/uploads/2013/04/DMHC-Director-Letter-re-Gender-NonDiscrimination-Requirements.pdf

The one in Maryland specifically permits exclusions for transition.  In California, you cannot exclude coverage for transgender related services.  In Maryland you can, but you cannot use that exclusion to deny coverage for trans* people to receive other services. 

[Eva Marie]

Hopefully Maryland will change their law to make it not discriminatory at some point. The Maryland bulletin seems to be a step in the right direction.