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Started by Leigh, October 01, 2005, 12:36:41 AM

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Leigh

 

California Enacts Koretz Bill For Major Transgender Protections
California Political Desk

By California Political Desk
September 29, 2005
(West Hollywood) – California became the first state in the nation to ban denials of  insurance         
coverage based solely on a person's transgender status when Governor Arnold Schwarzenegger signed legislation today authored by Assemblymember Paul Koretz (D-West Hollywood). AB 1586 adds gender and gender identity to existing anti-discrimination provisions in California laws regulating insurance companies and health care service plans. The new law will take effect January 1, 2006 and prohibits insurers and health plans from discriminating on the basis of gender identity in contracts and policies or in the provision of benefits or coverage.


"Transgender people are part of our human family and they deserve equal access to health coverage and treatments available to everyone else. AB 1586 goes a long way toward ending the indignities that transgender men and women face when trying to access healthcare. This is a matter of human compassion and basic fairness," said Assemblyman Koretz.
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beth

That's great news!!!!   thanks Leigh.


beth
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Terri-Gene

Strange man ... denies same sex marrage and oks transgender health so close together,  Well, I won't fuss about it.  until I want to get married again that is.  then I'll scream and kick about T's getting all the attention while GL's are ignored.

Terri
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Sarah Louise

I am very happy to hear that, I just got the new policy from my insurance company and "for now anyway" they still specifically Exclude anything to do with TS.  I have my insurance through the Cal State plan.

I might need it this week, I fell Saturday.  I have a large and long bruise on my back and I might have broken my little finger, it is swollen and I can't bend it.  It is very hard typing without using that finger.

Sarah
Nameless here for evermore!;  Merely this, and nothing more;
Tis the wind and nothing more!;  Quoth the Raven, "Nevermore!!"
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Cassandra

Sorry to here about the fall Sarah. Take extra special care. Rule of thumb(no pun intended) is if you can bend it it's not broken. Could be just jammed up. The bruise along the back doesn't sound particularly good either. Just take it easy until you can see the doc and they can see what's going on. If you have a back injury they usually want you to lie flat looking up at the ceiling, so might be a good idea to do that.

I hurt my back about three years ago and ended up face up for a month. I got a lawn chase lounge I could adjust up slightly. I was still technically flat so I could watch TV. That helped a lot with passing the time. I started to say alleviate the boredom but you watch TV for 14 hours a day bored is what you will be but it beats staring at the ceiling. Of course I was on heavy pain killers too so I was kind of in and out.

I was usually carrying on a conversation with Mickey Mouse or Goofey. My wife kept coming in and asking who I was talking to and I'd say the mouse in the corner. Anyway be real careful and take it easy or you could injure yourself further. You don't know what might be wrong until they get some Xrays and see how things are looking. On the Insurance thing the law doesn't take affect until the new fiscal year so they will continue to not cover it as long as they can.

Cassie
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Sarah Louise

Thanks Cassie,

It was awkward doing my paralegal work today, not too easy to type when you can't use one finger.  My back has about a foot long black and blue mark on it and it is tender on the right side.

This insurance company (for now anyway) won't cover medications, doctor visits or counseling (at least not if it is for TS issues), it will be interesting to see if they really have to cover these things, or if they will try to sue to see if they can get the law reversed by judges.

Sarah
Nameless here for evermore!;  Merely this, and nothing more;
Tis the wind and nothing more!;  Quoth the Raven, "Nevermore!!"
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Leigh

Update to the original post:

http://www.prweb.com/releases/2006/1/prweb328163.htm

California has most transgender friendly laws in U.S. AB 1400 and AB 1586 add to strong set of existing anti-discrimination laws.

San Francisco, CA (PRWEB) January 3, 2006 -- On January 1, 2006 two new laws solidified California's leadership role as the most protective state for transgender rights in the nation. The laws, sponsored by Equality California (EQCA), were AB 1400 (the Civil Rights Act of 2005) and AB 1586 (the Insurance Gender Non-Discrimination Act). AB 1400, authored by Santa Cruz Assemblyman John Laird, amended California's public accommodation law to make clear that transgender people are protected. AB 1586, authored by Assemblyman Paul Koretz, prohibits discrimination against transgender people by the insurance industry, including healthcare insurers.

"By protecting transgender people and our families in education, employment, housing, foster care, insurance, and public accommodation, the legislature is saying very clearly that California supports diversity and inclusion," said Danny Kirchoff, EQCA's Transgender Equality California Project Manager. "Across the state, employers, schools, businesses, and government agencies are taking common-sense steps to create non-discriminatory environments."

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Sarah Louise

This comes from an email sent to me by California Equality.

I will still wait to see how this all really comes to bear.  I hope to see a new policy from my health care company and see if they have removed the disallowance for TS treatment.

Sarah L.

I hope it is ok to post this.


Civil Rights Act of 2005
(AB 1400, Laird, D-Santa Cruz)
The Civil Rights Act of 2005, which amends the Unruh Civil Rights Act, adds sexual orientation, gender and marital status to California's public accommodation non-discrimination laws. Businesses subject to this law include, but are not limited to, shopping centers, mobile home parks, bars and restaurants, schools, medical and dental offices, hotels and motels, and condominium homeowners' associations.

Insurance Gender Non-Discrimination Act
(AB 1586, Koretz, D-West Hollywood)
The Insurance Gender Non-Discrimination Act, which prohibits insurance companies and health-care service plans from discriminating on the basis of gender in the creation or maintenance of service contracts, or the provision of benefits or coverage, establishes California as the first state in the nation to enact these protections for transgender individuals.

Death Benefits Rights for Retired Public Employees Act
(SB 973, Kuehl, D-Santa Monica)
The Death Benefits Rights for Retired Public Employees Act allows domestic partners of public employees who retired prior to Jan. 1, 2005, when California's comprehensive domestic partnership law (AB 205) went into effect, to receive death benefits if the retiree dies before their partner.

Property Tax Reappraisal Exclusion: Domestic Partners
(SB 565, Migden, D-San Francisco).
This law provides that a change in the title of property between domestic partners will be treated the same way a change in title of property between spouses is treated for property tax purposes. As a result, domestic partners will no longer face potentially enormous increases in their property taxes when their partner dies.

Nameless here for evermore!;  Merely this, and nothing more;
Tis the wind and nothing more!;  Quoth the Raven, "Nevermore!!"
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molly

This is real promising news.  I was reviewing my insurance coverage today and it specifically does not cover "sex change services".  I wonder if this change will force the insurance company to amend their plan - I hope so.

Sorry to hear you fell Sarah - I hope you recover without any problems.

Molly
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Leigh

I believe what you will find is that the intent of the law was to make sure that a Dr or facility did not deny treatment based on GID.  For example they could not refuse to help you after a car accident

Until the AMA endorses surgery as "necessary" rather than cosmetic I doubt it will become a law and then only if the company does not disallow it with their insurance carrier.

http://www.aetna.com/cpb/data/CPBA0615.html


Note: Most Aetna plans exclude coverage of sex change surgery (gender reassignment surgery, transgender surgery) or any treatment of gender identity disorders. Please check benefit plan descriptions.

Aetna considers sex reassignment surgery medically necessary when all of the following criteria are met:


Member is at least 18 years old; and
Member has criteria for the diagnosis of "true" transsexualism, including:

Life-long sense of belonging to the opposite sex and of having been born into the wrong sex, often since childhood; and
A sense of estrangement from one's own body, so that any evidence of one's own biological sex is regarded as repugnant; and
Wishes to make his or her body as congruent as possible with the preferred sex through surgery and hormone treatment; and
A stable transsexual orientation evidenced by a desire to be rid of one's genitals and to live in society as a member of the other sex for at least 2 years, that is, not limited to periods of stress; and
Does not gain sexual arousal from cross-dressing; and
Absence of physical inter-sex of genetic abnormality; and
Not due to another biological, chromosomal or associated psychiatric disorder, such as schizophrenia; and

Member has completed a recognized program at a specialized gender identity treatment center as evidenced by all of the following:

The member has successfully lived and worked within the desired gender role full-time for at least 12 months (so-called real-life experience), without periods of returning to the original gender; and
Unless medically contraindicated, member has received at least 12 months of continuous hormonal sex reassignment therapy recommended by a mental health professional and carried out by an endocrinologist (which can be simultaneous with the real-life experience); and
A qualified mental health professional* who has been acquainted with the member for at least 18 months recommends sex reassignment surgery documented in the form of a written comprehensive evaluation; and
A second concurring recommendation by another qualified mental health professional * must be documented in the form of a written expert opinion**; and
Psychotherapy is not an absolute requirement for surgery unless the mental health professional's initial assessment leads to a recommendation for psychotherapy that specifies the goals of treatment, estimate its frequency and duration throughout the real life experience (usually a minimum of 3 months); and
Member has undergone a urological examination for the purpose of identifying and perhaps treating abnormalities of the genitourinary tract, since genital surgical sex reassignment includes the invasion of, and the alteration of, the genitourinary tract; and
Member has a recent negative HIV test; and
Member has signed a consent of understanding the proposed Male to Female or Female to Male sex reassignment surgery with its attendant costs, required lengths of hospitalizations, likely complications, and post surgical rehabilitation requirements prior to the planned surgery. If the member is married, the physician may not require divorce but may also require the spouse to sign a waiver of liability form
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Terri-Gene

Application only to those who have been documented as having been through the HRT process and have completely accepted living/working in the opposite gender role.  Those who try to bypass medical conventions and care need not apply.

As to insurance being required to provide SRS, No.  That is not a requirement of the law as it is still considered cosmetic.  Only treatment for GID and HRT is covered under the law.  As Leigh said, each of the insurance providers will have to come to the point of considering SRS to be a necessity of life before SRS will be included, or AMA will have to define SRS as a necessity of life for true GID individuals.

All this law means at the present time is that you can't be refused medical treatment simply because of transgerism and as far as GID therapy and HRT is concerned, it will only cover those who are fully documented and medically certified as GID.

It is a grand move toward equal treatment for Transgenders in obtaining medical care rather then discrimination, but don't jump to any conclusions that insurance companies will jump to going any further then the bigger better ones already have been doing for some time now.  We must prove that failure to achieve SRS is a life threatning or dehibilitating condition before that will also take effect.  Don't hold your breath yetas at the moment such depends entirely on the will of the insurance companies.

Terri
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