LIVE session coverage...
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…


Sorry, comments for this post are now closed.


* First time for everything: Rauner veto overridden in House
* Rauner does about-face, proposes stopgap budget
* *** LIVE *** Session Coverage
* SUBSCRIBERS ONLY - Supplement to today's edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* 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

  
* Here are the official US prices and release dates of the entire Sony Xperia X family
* Sony’s Xperia X smartphones coming to the US this summer
* The Surface Pro 4 is finally worth buying
* Samsung Gear Fit 2 specification leak in full
* Lenovo ZUK Z2 sees daylight with Snapdragon 820, 4GB RAM, $275 price tag
* Tenaa steps forward to confirm 6GB RAM OnePlus 3 variant
* Leaked Honor 8 reportedly features dual 12MP rear cameras and a 2.5D glass rear panel

* White Sox call on Latos to halt 7-game skid
* Quintana excellent, out-dueled by Harvey in opener
* Quintana excellent, outdueled by Harvey in opener
* White Sox are built to last in AL Central race
* After Melky bunt, Frazier takes blame for missed chance
* Quintana excellent, out-dueled by Harvey in opener
* Mets 1, White Sox 0: Matt Harvey's rebound date

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


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

Archives
May 2016
April 2016
March 2016
February 2016
January 2016
December 2015
November 2015
October 2015
September 2015
August 2015
July 2015
June 2015
May 2015
April 2015
March 2015
February 2015
January 2015
December 2014
November 2014
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


* Rauner Would Veto House Budget Plan ... All Of .....
* Editorial: Budget hopes fading fast..
* Jim Nowlan: GOP accepts top of ticket – Champai.....
* Holiday? Not at Capitol..
* Lawmakers Near Session's End Without State Budg.....
* Lawmakers Override Rauner's Veto Of Chicago Pen.....
* Hope Of Illinois Budget Agreement Before Deadli.....
* Illinois lawmakers near session's end without s.....
* AFSCME falls short again - Champaign/Urbana New.....
* Illinois’ medical marijuana industry getting so.....


* Garland gives commencement address at old high school
* Chicago, private company to turn wastewater into fertilizer
* Police promise more West Side patrols as shootings erupt
* Medical pot advocates cheer Illinois governor's about-face
* Ex-fire chief gets jail time for stealing from department
* 15-year-old girl shot dead on Chicago's Lake Shore Drive
* State warns of toxic algae forming on Illinois lakes, rivers
* Illinois budget chief: 2nd year without deal 'devastating'
* 7-year-old Chicago girl dies in tractor accident
* Illinois budget negotiations appear to be going nowhere

* Another year without a budget? Sure looking that way
* Chicago gets some pension relief as Rauner veto overridden
* Illinois Senate OKs bill to give unpaid leave to sexual abuse victims
* Senate passes bill to reopen State Museum, create fairgrounds foundation
* Chicago pension savings plan OK'd over Rauner veto
* Cullerton: Rauner has to back off 'radical demands' in turnaround agenda
* Chicago mayor, unions praise Senate pension break override
* Illinois House OKs plan to expand medical marijuana program
* Senate overrides veto of Chicago pension break
* Senate overrides veto override of Chicago pension break

* Chicago gets some pension relief as Rauner veto overridden
* Women's work? Nonprofit CFO
* West Loop transformation
* Helping Exelon's at-risk nukes helps everybody
* Here's your chance to buy that empty prison


* Man, teen charged with string of North Side robberies
* Man shot in Fernwood
* Four shot, caught in crossfire in East Garfield Park
* Police: Motorcyclist killed in crash on Lake Shore Drive
* 17-year-old girl shot in South Shore
* Police: Man killed in West Rogers Park shooting
* Georgia Nicols horoscopes for May 31, 2016
* Dear Abby: Guy’s female friend too touchy-feely
* Man, 44, critically wounded in Washington Park shooting
* Man shot in South Shore


* Search for 7-year-old boy abandoned in woods in Japan continues
* Holy Cross Hospital's mental health unit aims for alternative to ERs, jails
* Listen up, people: Blame White Sox players before you blame the manager
* Girl, 13, dies after pulled from Kankakee River, search resumes for brother, 12
* Morning Spin: Rauner makes last-ditch pitch for temporary budget on final day of session
* Memorial Day weekend toll: 69 shot, 6 fatally
* After Cincinnati Zoo kills gorilla to protect toddler, critics attack mother
* Jake Arrieta's dominant stretch: How he got here
* Stephen Curry and record-setting Warriors headed back to NBA Finals
* Trial involving 2 whistleblower cops threatens to expose code of silence


* Another year without a budget? Sure looking that way
* Chicago gets some pension relief as Rauner veto overridden
* Illinois Senate OKs bill to give unpaid leave to sexual abuse victims
* Kathleen Parker: A trump too far?
* Senate passes bill to reopen State Museum, create fairgrounds foundation
* Chicago pension savings plan OK'd over Rauner veto
* Cullerton: Rauner has to back off 'radical demands' in turnaround agenda
* Chicago mayor, unions praise Senate pension break override
* Illinois House OKs plan to expand medical marijuana program
* Senate overrides veto of Chicago pension break


* Podcast: Dana Mancuso Urbana Park District 5/31/16
* UI vet tech in running for national award
* Holiday? Not at Capitol
* Check facts why police in schools
* This day in history, May 31, 2016
* Area history, May 31, 2016
* Faces of '16: Central's Tuan Nguyen
* Illinois protects the transgendered
* AFSCME falls short again
* Journalism department going through changes


* Soccer hooliganism still a threat heading into Euro 2016
* Wal-Mart needs to grow overseas, and China's the big prize
* Should 'tiny houses' be allowed in the suburbs?
* Striking Verizon workers to return Wednesday; deal inked
* Taliban attack buses in north Afghanistan, kill 9, abduct 35

* House lawmakers overcome hurdle on key tra...
* Rodney Davis talks funding with Bloomingto...
* The agency that fought Illiana gets a new ...
* Rep. Dold takes educational cruise down Ch...
* Lawmakers decry high turnover rate of VA h...
* CBD Oil, and politics
* Simon considering state Senate bid
* Killer Congressman Tom MacArthur trying to...
* Shutdown? State may not notice
* Rep. Bob Dold

* Senator Durbin Statement on TSA Security D......

* Defence sales: US Senate may vote to bring......

* Happy Memorial Day Weekend!
* Illinois Lawmakers Override Rauner's Veto Of Chicago Police And Fire Pension Bill
* State House erupts after Democrats pass $7 Bil more in spending and abruptly adjourn
* Cook County Clerk David Orr celebrates 9500 same sex marriage mark
* Thorner: 2016 IL GOP Convention observations
* Random thoughts. $25,000 a year health care tax.
* Teachers (Ted Sizer).
* Without tax breaks for the rich and the anti-union Turnaround agenda will people leave Illinois?
* Call Springfield today. Oppose SB231 and HB 3190.
* Norwood Park observes Memorial Day


* Emergency Management Officials, National Weather Service Encourage Winter Preparedness - November is Winter Weather Preparedness Month in Illinois
* Keep Your Family Safe This Winter - November through February are leading months for carbon monoxide related incidents
* Governor Takes Bill Action
* Illinois Department of Labor Director Hugo Chaviano Awards Governor’s Award for Contributions in Health and Safety to the Illinois Refining Division of Marathon Petroleum Company LP
* State Regulator Elected Treasurer of Interstate Medical Licensure Compact




Hosted by MCS -- CapitolFax.com Privacy Policy -- SUBSCRIBE to Capitol Fax -- Advertise Here -- Mobile Version -- Contact Rich Miller