SUBSCRIBE to Capitol Fax      Advertise Here      Mobile Version     Exclusive Subscriber Content     Updated Posts    Contact
CapitolFax.com
To subscribe to Capitol Fax, click here.
Department of Insurance says insurers can’t discriminate “based on gender identity”

Wednesday, Jul 30, 2014

* From a July 29th press release…

The Illinois Department of Insurance (DOI) today issued guidance clarifying that under the Affordable Care Act (ACA) and Illinois state law health insurers may not discriminate based on gender identity and related medical conditions. The guidance reminds insurers that exclusions and denials of coverage on the basis of gender identity are against the law.

“This is an important step to ending discrimination in Illinois,” DOI Director Andrew Boron said. “Transgender individuals are entitled to the same access to health care as everyone else. Health insurance policies that discriminate against a group of people, or based on any medical condition, will not be tolerated in Illinois.”

With the issuing of this guidance to insurers through an agency Bulletin, Illinois joins a handful of other states which have taken steps to bar discrimination in healthcare against transgender individuals.

“I applaud DOI for working to make certain that all Illinois citizens are given equal access to necessary healthcare services and that people are treated fairly and without discrimination,” State Representative Greg Harris (D-Chicago) said.

“I commend DOI Director Andrew Boron and Governor Pat Quinn Pat for this action which demonstrates that the state of Illinois is strongly committed to fighting discrimination in healthcare against any member of our population,” Illinois Human Rights Department Director Rocco Claps said. “Access to healthcare is a fundamental human right, and no one should face discrimination in their healthcare needs because of their gender identity.”

Under both federal and state law, if a health insurer covers certain services when medically necessary, such as a breast mastectomy or hormone therapy, it cannot deny those services for a transgendered person solely on the basis of that person’s transgender status or gender dysphoria. Currently, some insurers have broad exclusions for gender identity treatment and services. The guidelines issued today prohibit insurers from excluding services that target transgender persons or persons with gender dysphoria. Today’s announcement calls for an end to this disparate treatment of transgendered individuals.

DOI will be reviewing individual and small group policies offered under the ACA for 2015 to ensure compliance with anti-discrimination laws.

* AP

“This guidance helps ensure parity in health care coverage, making certain that services such as mental health care, cancer screenings and hormone therapy are routinely covered for transgender people when the insurer provides those services to non-transgender policy holders,” John Peller, interim president and CEO of the Aids Foundation of Chicago, said in a statement.

However, some question the move. The Illinois Family Institute’s Executive Director David Smith said the guidelines put some religious business owners in a position that forces them to compromise their faiths.

“To succumb and be made to submit to a rule that violates their freedom of conscience,” Smith said.

* Windy City Times

Transgender people often face discrimination when seeking insurance coverage of medically-necessary treatments prescribed by their physicians, even though such treatments are routinely covered for others. For example, hormone therapy and regular blood tests to guard against any negative medical consequences are routinely covered for many people, such as post-menopausal women, but are currently denied to many transgender people. Likewise, breast reconstruction surgery is routinely covered for women after surgery for breast cancer, but is routinely denied for transgender people, even if ordered by a physician.

There are many other medical procedures and treatments that are covered routinely each day — from surgery to mammograms to Pap smears — for non-transgender people that are often denied to transgender people, even though they are prescribed by a physician as medically-necessary treatment.

The Department of Insurance bulletin says such denials are discriminatory and not permitted under existing law. In recent months, insurance authorities in Oregon, California, Colorado, Vermont, Massachusetts, Washington and the District of Columbia all have made similar statements, making clear that health insurers in those states cannot discriminate on the basis of gender identity. The American Medical Association, the American Psychiatric Association, the American Psychological Association, the American Academy of Family Physicians and other national medical organizations all have called for an end to insurance discrimination based on gender identity. […]

The bulletin from the Department of Insurance cites three laws that prohibit discrimination against transgender people: the Affordable Care Act, the Illinois Human Rights Act and the Illinois Mental Health Parity Act. The bulletin explains that a plan may not be certified in Illinois ( a prerequisite to a plan being marketed and sold in the state ) if the plan discriminates against transgender people.

- Posted by Rich Miller        


16 Comments
  1. - Precinct Captain - Wednesday, Jul 30, 14 @ 12:18 pm:

    Good news


  2. - OneMan - Wednesday, Jul 30, 14 @ 12:25 pm:

    Sorry IFI, I actually see the logic to some degree in the Hobby Lobby ruling in part there are other laws that have existed for a while dealing with family planning activities and treatments.

    But, no you can’t limit treatment due to gender identity.

    Call me a hypocrite on this and I suspect many will, but I just can’t see that.


  3. - Formerly Known As... - Wednesday, Jul 30, 14 @ 12:27 pm:

    The ACA does say, very clearly, that one can not discriminate on the basis of gender. That is good. That is proper. That is equal.

    Yet, a number of gender based inconsistencies have also been established in terms of coverage requirements under the ACA.

    For example, female “sterilization procedures” are covered but not male vasectomies. Diaphragms, sponges and female condoms with a doctor’s prescription are covered but not male condoms under any circumstances. There are a number of such examples in the formal regulations published in the Federal Register http://webapps.dol.gov/federalregister/PdfDisplay.aspx?DocId=26927

    We should be consistent for everyone, regardless of gender and regardless of whether they are M, F or T.


  4. - OneMan - Wednesday, Jul 30, 14 @ 12:51 pm:

    FKA

    I think most insurance plans cover the big V as it were…


  5. - Empty Chair - Wednesday, Jul 30, 14 @ 1:24 pm:

    Boron is a top notch DOI Director - this is just another reason why.


  6. - Demoralized - Wednesday, Jul 30, 14 @ 1:36 pm:

    ==The Illinois Family Institute’s Executive Director David Smith said the guidelines put some religious business owners in a position that forces them to compromise their faiths.==

    This mantra is getting really old. At some point in time people have come to believe that their religion gives them carte blanche in discriminating. They are totally bastardizing the protections of the 1st Amendment, turning it into a “free pass” to not do things they don’t happen to like. I really wish they would shut up because they are giving other religious people a bad name with their hate campaigns.


  7. - John A Logan - Wednesday, Jul 30, 14 @ 1:58 pm:

    The Brave New World continues.


  8. - Anonymous - Wednesday, Jul 30, 14 @ 2:30 pm:

    - Demoralized - Wednesday, Jul 30, 14 @ 1:36 pm:

    Absolutely ! You wrote almost exactly what I was planning on posting. People who continue to hide behind their religion as an excuse to avoid laws that protect/benefit others of actions that they disapprove of are just practicing “holy” discrimination. Maybe a bit more reading of their hold books would give them insight on tolerance, if not compassion, for others.


  9. - Roadiepig - Wednesday, Jul 30, 14 @ 2:34 pm:

    Anonomous at 2:30 was me . iPhone problems. Also it should read holy books, not hold books. Sorry


  10. - walker - Wednesday, Jul 30, 14 @ 2:47 pm:

    Since it is so obviously already the law, I thought this announcement was purely political. No insurance company would ever think of acting otherwise.

    Then IFI spoke up and proved me wrong again.

    Ideologues want to be free to ignore the law when “God is on our side.” They have that freedom now, and they should accept the criminal penalties that come along with their choices.


  11. - 4 percent - Wednesday, Jul 30, 14 @ 4:22 pm:

    This is a political statement at its finest considering its already covered under state and federal law!!!

    From their own press release… “Under both federal and state law, if a health insurer covers certain services when medically necessary, such as a breast mastectomy or hormone therapy, it cannot deny those services for a transgendered person solely on the basis of that person’s transgender status or gender dysphoria.”

    What’s next - an advisory question on the state ballot requiring that insurance policies cover birth control?


  12. - Precinct Captain - Wednesday, Jul 30, 14 @ 5:11 pm:

    ==- Anonymous - Wednesday, Jul 30, 14 @ 2:30 pm:==

    It’s been about discrimination for the Religious Right for decades, all the way back to when the founders of the Religious Right fought for racial segregation.

    4 percent, try learning how to read: Currently, some insurers have broad exclusions for gender identity treatment and services. The guidelines issued today prohibit insurers from excluding services that target transgender persons or persons with gender dysphoria. Today’s announcement calls for an end to this disparate treatment of transgendered individuals.


  13. - Maria - Wednesday, Jul 30, 14 @ 6:48 pm:

    I used to be against Transsexuals and thought that they were sick people. This changed when I met my good friend Juanita. I did not know about her past until I was friends with her for over two years. One night she started to cry and through those tears told me about her reassignment to a girl. I was shocked.

    At first I did not accept it and was mean to her. After all, we tried to dresses together.

    Many months later after realizing that she was truly a good friend and not out for some sick thrill. I apologized and we are closer then we were before.

    She is truly a girl as am I.

    Sex reassignment is not about some sick thrill. It is about being the sex that they have always felt that they are.

    My friend is lucky. Her family accepts her. They did not at first but after she had the surgery and they saw how happy she became, they realized that it was the only thing that she could do to be happy. She was a very depressed child. I was upset with them for a while when I found out because they never told me but they said that it was her choice to tell anybody that she trust.

    She did lose most of her friends but she made new ones.

    She even has a boyfriend.

    She opened my mind and I am now embarrassed that I was so naive. I write this just to tell others to not judge these people who could be a friend without first finding out what they really went through to become the person that they are.

    If I knew her before the surgery, I would have been one of these people that did not accept her. I happened to get to know her before knowing about her transition. She gave me the opportunity to see what a wonderful friend she is before the negative judgments could set in.


  14. - Along 64 - Wednesday, Jul 30, 14 @ 8:12 pm:

    Empty Chair, are you and I thinking of the same Andy Boron? The guy couldn’t carry McRaith’s luggage.


  15. - Somewhere - Thursday, Jul 31, 14 @ 7:08 am:

    Boron a top notch Illinois Department of Insurance Director? I agree with Along 64. This guy is a joke for that Department.


  16. - Crista - Monday, Aug 11, 14 @ 12:03 pm:

    Will this also apply to those of us who are TS and are on Medicaid, Medicare etc. ?
    I hope so. This is good news Illinois is once again ahead of the curve on human rights…


TrackBack URI

Sorry, comments for this post are now closed.


* SUBSCRIBERS ONLY - Supplement to today’s edition: Crosstabs, TV ads
* Report: Another tie between Rauner and CS-T chairman
* Bost's "anger," Cook's ratings, Foster's ad
* $580 MILLION EXELON RATE HIKE?? That’s the price tag for their nuke bailout…EVERY YEAR!
* *** UPDATED x1 *** Rauner pumping dollars
* Rauner pushing IDOT back into the news stream
* Gov. Quinn runs new TV ad featuring FLOTUS
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* No, your eyes didn't deceive you
* Good morning!
* Yesterday's blog posts

Support CapitolFax.com
Visit our advertisers...

...............

...............

...............

...............

...............

...............


Search This Blog...

Search the 98th General Assembly By Bill Number
(example: HB0001)

Search the 98th General Assembly By Keyword

          
        * Android Lollipop for Galaxy S5 gets rumored ETA
        * SwiftKey releases virtual keyboard’s Material Design themes
        * Motorola Moto G (2014) review: bigger, better, and just as affordable
        * RiteAid stores block Apple Pay, Google Wallet payments
        * iPad Air 2 teardown reveals mystery NFC chip
        * Xiaomi to migrate data center from China to US and Singapore
        * Google Play Music gets Material Design, curated mood music

        * Music streamer Deezer gets talkative with Stitcher buy
        * J-deite Robot Actually Transforms From One Form Factor To Another
        * Try Applying for a Business Credit Card, Even if You're Not a Business
        * Xbox Video On Windows Phone Updated
        * iPhone 6 “Dyegate” Surfaces
        * Ello makes a bold promise for an ad-free social network, but omits key details
        * Microsoft Sold 9.3 Million Lumia Smartphones

        * Alexei Ramirez and Adam Eaton Gold Glove finalists, but maybe not f...
        * Longtime scout Provas passes away after battle with cancer
        * Eaton, Ramirez named AL Gold Glove finalists
        * Gold Glove Awards finalists revealed
        * White Sox AFL class features talented Anderson
        * Nori Aoki: The White Sox Killer of 2014
        * World Series Game 2: Notes and discussion


        Main Menu
        Home
        Illinois
        YouTube
        Pundit rankings
        Obama
        Subscriber Content
        Durbin
        Burris
        Blagojevich Trial
        Advertising
        Updated Posts
        Polls

        Archives
        October 2014
        September 2014
        August 2014
        July 2014
        June 2014
        May 2014
        April 2014
        March 2014
        February 2014
        January 2014
        December 2013
        November 2013
        October 2013
        September 2013
        August 2013
        July 2013
        June 2013
        May 2013
        April 2013
        March 2013
        February 2013
        January 2013
        December 2012
        November 2012
        October 2012
        September 2012
        August 2012
        July 2012
        June 2012
        May 2012
        April 2012
        March 2012
        February 2012
        January 2012
        December 2011
        November 2011
        October 2011
        September 2011
        August 2011
        July 2011
        June 2011
        May 2011
        April 2011
        March 2011
        February 2011
        January 2011
        December 2010
        November 2010
        October 2010
        September 2010
        August 2010
        July 2010
        June 2010
        May 2010
        April 2010
        March 2010
        February 2010
        January 2010
        December 2009
        November 2009
        October 2009
        September 2009
        August 2009
        July 2009
        June 2009
        May 2009
        April 2009
        March 2009
        February 2009
        January 2009
        December 2008
        November 2008
        October 2008
        September 2008
        August 2008
        July 2008
        June 2008
        May 2008
        April 2008
        March 2008
        February 2008
        January 2008
        December 2007
        November 2007
        October 2007
        September 2007
        August 2007
        July 2007
        June 2007
        May 2007
        April 2007
        March 2007
        February 2007
        January 2007
        December 2006
        November 2006
        October 2006
        September 2006
        August 2006
        July 2006
        June 2006
        May 2006
        April 2006
        March 2006
        February 2006
        January 2006
        December 2005
        April 2005
        March 2005
        February 2005
        January 2005
        December 2004
        November 2004
        October 2004

        Blog*Spot Archives
        November 2005
        October 2005
        September 2005
        August 2005
        July 2005
        June 2005
        May 2005

        Syndication

        RSS Feed 2.0
        Comments RSS 2.0
        WordPress

        Loading


        * Gov. Quinn annouces $3 million investment in Me.....
        * Here is the latest Illinois news from The Assoc.....
        * Illinois awards $3M grant for Rockford clinic..
        * CREATE partners celebrate Englewood Flyover's o.....
        * Beardstown gets $2.5 million for community pool..
        * Quinn says he'll comply with hiring monitor..


        * Toddler taken from family found in Illinois
        * Man, 2-year-old boy killed by truck in Bloomington
        * Off-duty Chicago police officer shot and wounded
        * Illinois employees rescue woman from house fire
        * Gary killings put spotlight on abandoned buildings
        * Officials rethink vote-counting after AG decree
        * Quinn says he'll comply with hiring monitor
        * Complications arise just 12 days before Ill. vote
        * Vereen brothers square off when Bears visit Pats
        * Illinois GOP files lawsuit over poll practices

        * Officials rethink early vote-counting after Madigan ruling
        * Minimum wage increase supporters urge early voting
        * Sun-Times political reporter resigns following Rauner complaint
        * Minimum wage hike supporters urge early voting
        * Federal judge orders court-appointed monitor for IDOT hiring
        * Rep. Raymond Poe to undergo stem cell transplant
        * Bill Clinton campaigns for Quinn, Durbin
        * Quinn, Rauner spar over jobs, taxes
        * Election 2014: Learn about all the candidates
        * What to watch for in third governor debate tonight

        * Queen Elizabeth takes the glove off — to tweet
        * Few legal options for ex-Sun-Times reporter
        * Fast-growing Internet lender Enova going public next month
        * Quinn says he'll comply with hiring monitor
        * Sun-Times' colorful past in covering (and making) news


        * Illinois needs better way to deal with terminally ill inmates
        * At panel on school closings, board acknowledges more planning needed
        * Marina City residents reminded to watch their step during Wallenda’s walk
        * Republican senators question Quinn’s IDOT scandal response
        * Child who became ill on plane tests negative for Ebola
        * Tollway might permanently lower cost to open I-Pass account
        * Killer gets 27 years for throwing woman out 3rd-floor window
        * CPS wants to delay new standardized test, even though state already has said 'no'
        * Father Bob Botthof, teacher who became priest after losing wife, dies at 85
        * Scandal or not, Bring on that  federal monitor


        * Chicago police to check CTA passengers for explosives
        * Police release surveillance photo in Loop armed robberies
        * Englewood 5K race organizers seek to inspire peace and good health
        * 1 killed, 10 shot in overnight violence
        * Craft brewery on tap for Oak Park?
        * Off-duty Chicago cop shot during robbery attempt 'alert and talking'
        * Skokie school reopens after closing 2 days because of Instagram threat
        * Police wound gunman involved in fatal robbery in Auburn Gresham
        * 400 lawsuits seek $11 million from tollway scofflaws
        * Police in Ferguson committed human rights abuses: Amnesty International


        * Prosecutors want more of indicted police commander’s 'bad acts' in court
        * Prosecutors want more of indicted police commander's 'bad acts' in court
        * Bedrock 66: Charlie Parr Plays Springfield Friday
        * Oberweis Would Back Federal Same Sex Marriage Law
        * Wild Bison Return To IL
        * Scary Story: The Diviner by Susan Vondrak
        * Artist Profile: Local Troubadour Tom Irwin
        * Real estate and religion: The tale of Seventeenth Church of Christ, Scientist
        * Suspicion lingers over Ebola treatment
        * Judge Orders Court Appointed Monitor For IDOT Hiring


        * Our Opinion: Bell, Manar, Davidsmeyer endorsed in state legislative races
        * Craig Burns: Honesty, integrity in great supply at CWLP
        * E.J. Dionne: Ebola, pandering and courage
        * Esther Cepeda: Benefits of closing the word gap
        * Officials rethink early vote-counting after Madigan ruling
        * Our Opinion: Frerichs has the expertise to be Illinois treasurer
        * Robert Kaestner: Good education policy is good health policy
        * Eugene Robinson: Warren makes the case for a presidential run
        * Bernard Schoenburg: Local Rauner ad leaves out ‘everything Springfield isn’t’ line
        * Minimum wage increase supporters urge early voting


        * Officials identify Caseyville man killed in crash with police car
        * Toddler taken from Tennessee family found in Illinois
        * After 1st Ebola case in NYC, 3 others quarantined
        * Canadians seek to understand Parliament shooting
        * Trail of Tears touched many in Southern Illinois
        * Jacksonville man, 24, dead in shooting
        * John Groce IBA speech
        * Fatal truck accident
        * Pre-Halloween fun
        * PHOTOS: Durfee archaeologists


        * Canadians seek to understand Parliament shooting
        * Gestapo impostor tricked Nazi sympathizers in WWII
        * Rantoul plant worker dies after fall
        * Illinois employees rescue woman from house fire
        * Off-duty Chicago police officer shot and wounded

        * Patrick Cannon defense strategy rare but n...
        * Feds fine Jesse Jackson Jr.'s campaign com...
        * Ex-Congressman Jesse Jackson Jr. faces sen...
        * Representative Jan Schakowsky Sends Letter...
        * Rep. candidate pushes to uphold marriage b...
        * Reps. Schakowsky and Waxman Introduce Bill...
        * Statement by Representative Jan Schakowsky...
        * U.S. House Passes Resolution Condemning An...
        * FAA Rejects Call For New O'Hare Noise Stud...
        * Representatives Quigley, Duckworth, Schako...

        * Military immigrant program halted...
        * Military immigrant program halted...
        * Military immigrant program halted...
        * Military immigrant program halted...
        * Military immigrant program halted...

        * U.S. Senator Mark Kirk to talk with Triton......
        * A Brief History of Michelle Obama Career-G......

        * Where's Weyermuller? Breakfast with Ted Cruz and Chicago GOP
        * Oberweis on gay marriage: "Times Change....Attitudes Change"
        * Judge orders hiring monitor for Quinn's Department of Transportation
        * Sun-Times Springfield bureau chief Dave McKinney resigns
        * Illinois-based Sears to close 100 stores and layoff nearly 5,500 employees
        * Illinois GOP files lawsuit claiming election law violations in Rock Island
        * New Jersey Gov Christie says he works with Democrat legislature, so can Rauner
        * Democrat songwriter takes aim at Republican gubernatorial candidate [video]
        * Federal judge throws out Tea Party lawsuits against IRS
        * Democrat songwriter takes aim at GOP gubernatorial candidate [video]


        * Rauner rips Quinn on IDOT patronage oversight
        * New Ad: Labor leader backs Rauner
        * Jewish Newspapers Endorse Rauner for Governor
        * Statement from the Illinois Department of Public Health and Chicago Ebola Resource Network
        * TV Breaking News: Ethics blow for Pat Quinn




            Hosted by MCS SUBSCRIBE to Capitol Fax Advertise Here Mobile Version Contact Rich Miller