Another clever way to qualify "Sex" using genetics at the Federal level. This bill specifically targets Insurance for Transgender people under the ACA as well.
(

Also on May 13, 2016, the Department of
2 Health and Human Services finalized regulations
3 that redefined the Affordable Care Act's prohibition
4 on ''sex'' discrimination in federally funded health
5 programs and activities to cover ''gender identity'',
6 thereby opening health care professionals and insur-
7 ers to extensive liability if they decline to participate
8 in or pay for ''gender transition'' treatments or ''sex
9 change'' operations.
(c) DEFINITION OF ''FEDERAL CIVIL RIGHTS
18 LAW''.—For purposes of this Act, the term ''Federal civil
19 rights law'' means any Federal law prohibiting discrimina-
20 tion on the basis of sex or gender, including title IX of
21 the Education Amendments of 1972 (20 U.S.C. 1681 et
22 seq.), the Civil Rights Act of 1964 (42 U.S.C. 2000a et
23 seq.), the Fair Housing Act (42 U.S.C. 3601 et seq.),
the
24 Patient Protection and Affordable Care Act (Public Law
1 111–148), and any other Federal law or provision thereof
2 prohibiting discrimination on the basis of sex or gender.