Trans Health Insurance Coverage in a Company Located in Multiple States

[vanderpn]

Hi everyone. I haven't been on for awhile, but I have a question about discrimination and legal rights that I'm wondering if anyone can answer.

If a company is headquartered in a state that does not bar health insurance discrimination against transgender people, but one of its main divisions is located in a state that does bar health insurance discrimination against transgender people, can they be mandated to cover hormones and GRS?

Here's the story: My dad (whom I'm still covered under for a couple more years) works at a company headquartered here in the US in Indiana. One of the company's major divisions is in Oregon. The company insures through Aetna, which has policies that mandate trans coverage, but the company itself doesn't cover trans stuff. I'm not sure if it covers any other sexual/hormonal related conditions.

I know that suing is a big step, and I'm going to look into taking with HR first, since I've interned there before. But, I'm just wondering if anyone knows what the law is regarding a multi-state company. Thanks for the help

[Dena]

I am not a legal expert so you really need to check with a lawyer but normally the company must obey the laws of each state they operate in. As the headquarter are located in a friendly their insurance policy would cover treatment in that state but the policy may or may not cover you in yours. It would be best for you to review the policy and if you don't have it, the company should be able to provide it or direct you to a web site. I think Aetna is a trans friendly company so it's likely coverage is in the policy. If not, there is little you can do as the laws of your state would not support you in court.

[RobynD]

I have known people with this specific issue but in the opposite, and in both cases - their plans were forced to abide by Oregon law because they sold insurance in this state. Now, in the reverse case the company in question may follow local law and not do it, because they do not have to. (and indeed it could theoretically cost them less, but doubtful in the long run)

If you moved to Oregon, then Aetna there would have to cover you. If the company in Indiana does offer the coverage and there is not legal requirement for them to do it, you will likely have problems. Sometimes you can get doctors in those places to provide HRT related to another condition (mental health as an example) so that they claims people will not question the treatment.

This is another great example of why this country needs a single payer system.