(Bloomberg) — Transgender individuals would gain new health care protections in rules proposed today by U.S. regulators.
Under the rules, discrimination against transgender people would be a form of sex discrimination. That would block insurers from categorically denying coverage for treatments that help people transition to another gender, according to a fact sheet released today by the Department of Health and Human Services (HHS). Some exclusions for transition treatments will be evaluated case-by-case, the agency said.
“Individuals cannot be denied health care or health coverage based on their sex, including their gender identity,” the agency said. “Explicit categorical exclusions in coverage for all health care services related to gender transition are facially discriminatory.”
The rules would apply to insurers and health care providers that get funding from HHS. That includes insurers that participate in government-run marketplaces or sell Medicare Advantage plans, and the rules would also apply to those insurers’ private-employer plans.