HHS Ruling on "Transgender Care Exclusion"

[JoanneB]

As it so happens I went into Social Justice Warrior mode a couple of weeks back pointing out to HR how in spite of the glowing platitudes about "Non-Discrimination based on gender identity..." our health insurance discriminates against TG. (and BTW that includes me). Less then 48 Hours later HHS announces, according to every article I read, no more trans exclusion. Yippie....

Except our broker says otherwise. Even when confronted with the article from the Washington Post on that Friday. After another chat today I was asked if there are other sources saying it's gone to let her know.

So far all I have is news stories saying it or obtuse legalese from the Federal Register saying it has to go. Is there some place of authority that I can send her to? So far I haven't been able to find anything definitive

[AnxietyDisord3r]

I talked to a lawyer about this and while there may be a Title 7 (sex discrimination) claim hanging out there (wrt to hormones at the very least, maybe other surgeries), the new ruling you referenced applies to entities that accept federal funds. Is that the case with your plan? You're going to want to find out.

Also, the ruling goes into effect in July for some entities and Jan 1 for others. I forget which.

[JoanneB]

From all the news accounts I read and the Federal Register ANY carrier that participates in any federal plan, be it ACA, Medicare, Medicade, ect. cannot have a trans exclusion as of 18 July. HR told me outright we are not self insured, so there goes that exemption. That came up in reference with broker and blowing smoke.... 

I am somewhat verse in legalese having to deal with the things I do for work but far from an expert at the obtuse levels in the Federal Register. If I was I'd be getting paid per hour what I do per day, or is it week? 

[Tysilio]

Joanne, the Transgender Law Center has a pretty good explanation, downloadable as a PDF.
http://transgenderlawcenter.org/archives/12908

There's also this FAQ from the National Center for Transgender Equality:
http://www.transequality.org/sites/default/files/HHS-1557-FAQ.pdf

I hope one of these answers your questions; if you need a copy of the actual rule, PM me -- I can email it to you.

[zeus33]

Thanks for the info!

[JoanneB]

I have about a half-dozen links I sent HR on Friday which buried in there is an FAQ from HHS that sounded like it was made up back in September when announced for comments.

The most ironic link is to a Horizon BCBS NJ press announcement 2 years ago saying that they will ONLY offer ACA compliant plans in NJ.

[AnxietyDisord3r]

Have you reached out to a local LGBT equality group about this? Seems like if you are NJ they maybe be able to convince your HR to see things differently. They're basically pissing in the wind because they will have no choice by to comply in the end.

[JoanneB]

HR appears to want to make it happen. The problem is our insurance broker who insists that the exclusion cannot be taken out from our plan and that there are no plans without one, and the the recent HHS ruling has nothing to do with us though we not self-insured.