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Started by Mor, April 14, 2014, 01:29:47 PM
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QuoteFirst, the good news: The ACA bans discrimination that has prevented many transgender people from having health insurance coverage. The Department of Health and Human Services has explicitly stated that the civil rights provision in the ACA prohibits discrimination "based on gender identity or failure to conform to stereotypical notions of masculinity or femininity."The problem is that interpreting what is and isn't discrimination has been so far left to the states."The question is, what is gender identity nondiscrimination?" said Kellan Baker, associate director of the LGBT Research and Communications Project at the Center for American Progress. "Does it mean you can't hang up the phone on a trans person? Does it mean that you can't cover their cervical cancer treatments unless [a policyholder is] listed female? Does it mean that transition care has to be covered?"Much of the conversation around gender-identity nondiscrimination and the ACA has centered on whether or not insurance companies have to cover transition-related care. So far, the answer depends on where you live: Only six states and the District of Columbia have formally issued bulletins clarifying that they are interpreting the gender-identity nondiscrimination provision to mean coverage of transition-related care.California, Colorado, Oregon, Vermont, and Connecticut have all issued formal statements, according to a spokesperson for Gay and Lesbian Advocates and Defenders (GLAD). Maryland has issued what advocates are calling a "partial statement," meaning the Maryland Insurance Commission has reaffirmed nondiscrimination while stating "the exclusion should be narrowly applied to items and services that are directly related to the gender reassignment process."The District of Columbia just issued a bulletin last week.