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.


* Reader comments closed until Memorial Day
* Gaming bill could grow
* SUBSCRIBERS ONLY - OT update
* Question of the day
* He gone
* Harmon: Rauner is "bullying" and "holding the entire state hostage"
* Today's quotable
* Madigan tax hike defeated
* Another welcomed change
* Business as usual is right
* Rauner to unveil actual bills today, with no "right to work" in sight
* Serving Consumers, Honoring Veterans – Credit Union Cooperative Values in Action
* Your daily "right to work" roundup
* *** LIVE *** Session coverage
* SUBSCRIBERS ONLY - Supplement to today’s edition
* SUBSCRIBERS ONLY - Today's edition of Capitol Fax (use all CAPS in password)
* 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

          
        * What do you look for in your tech reviewers?
        * An Aging Instagram Tries To Win Us Back With Email “Highlights”
        * GoCardless Founder Tom Blomfield’s New Startup Is A “Full Stack” Mobile-First Bank
        * [Deal] Grab a Moto 360 for $149.99 from BestBuy
        * How to Pair Bluetooth Headphones and Listen to Music on Apple Watch
        * Our 5 favourite new Windows Phone apps of the week
        * Huawei bringing fingerprint scanner to budget smartphone

        * Wego Is a Customizable Weather Client for the Terminal
        * Twitter Suspends Troll Chuck Johnson — Are Its New Guidelines Actually Working?
        * The Most and Least Expensive US Cities to Have a Dog
        * Spaces Manages Chrome Windows, Saves Tab Layouts For Later
        * F1 2015 Release Delayed
        * Re/code on TV: Code Conference Preview and Apple, Apple, Apple
        * Wii Reportedly Burnt A Man’s Entire Belongings

        * White Sox look to turn things around on trip
        * Quintana finds rough going against Twins
        * Noesi returns to rotation as Sox head to Toronto
        * White Sox still seeking return to norms
        * Entrance Konerko's final nod to fans in exit
        * Ruminations on the retirement of Paul Konerko's number
        * Sale runs into early trouble with fastball

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


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

        Archives
        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


        * Ideology, not money, holding up state budget deal..
        * Illinois electronics recycling bill headed to g.....
        * Campaign-style tactics fueling Illinois legisla.....
        * State Roundup: Democrat sponsored prevailing wa.....
        * No end in sight for Rauner, Illinois lawmakers..


        * Indiana man wanted on warrants captured after chase
        * Lake Michigan fishing charters hang on despite challenges
        * Officials: $1M spent on medical care for jailed Chicago teen
        * Des Plaines River dams being removed to restore natural flow
        * Vermont hosting Great Lakes scientists at not-so-great lake
        * Authorities search Wisconsin River for Chicago man, 21
        * Man dies after falling off catwalk during Chicago concert
        * Campaign-style tactics fueling Illinois legislative gridlock
        * Cahokia, Lincoln-Way and Illini West win state championships
        * Jeni's scoop shops reopen after listeria-related shutdown

        * Illinois crib bumper bills stall in Senate
        * Statehouse Insider: Relax, there's a whole week left get it all done
        * Special funds inviting bailout target for Illinois
        * Illinois road construction funds get swept
        * Law fails to stop Illinois schools from fattening pensions
        * Rauner agenda surfaces at Capitol
        * Illinois prisons director resigns 2 months after taking job
        * House Democrats vote down workers comp bill
        * Langfelder talks DNR lake partnership
        * U of I bracing for 'very damaging' cuts, new president says

        * Boeing takes top spot in 2015 largest publicly traded companies list
        * Terminal spending
        * Plenty of rivals are following WeWork into co-working competition
        * How Wal-Mart is hurting Mondelez
        * Why this proposed emergency room annoys the hospital industry


          * Evanston man charged with abusing infant son
          * 1 dead, another seriously wounded in separate West Side shootings
          * Feces-covered dogs removed from North Shore home show improvement
          * Boy found in South Shore is reunited with his family
          * 1 dead, 2 hurt after four fire shots into party they were turned away from
          * Man charged with murder in Bridgeport shooting
          * Girl, 5, killed in hit-and-run on Southwest Side
          * Authorities search Wisconsin River for Chicago man
          * Lake Shore closed until 11 a.m. for Bike the Drive
          * Former college football player dies after falling from catwalk at Aragon Ballroom


          * Illinois Supreme Court hears $10B Phillip Morris appeal
          * Sheriff calls on feds to investigate Puerto Rican agencies that send addicts to Chicago
          * Sheriff names clinical psychologist to run Cook County Jail
          * Illinois prisons director resigns 2 months after taking job
          * Obama library foundation raised $5.4 million in 2014
          * Illinois moves to downgrade pot possession to a fine
          * Emanuel calls on Chicagoans to prevent 'lost generation'
          * Grand Jury Indicts 6 Baltimore Officers In Freddie Gray's Death
          * Inauguration Day: New City Council faces serious financial problems
          * Avian flu outbreak takes poultry producers into uncharted territory


          * Bernard Schoenburg: Adam Lopez, Rob Mellon, vie to win Aaron Schock's former U.S. House seat for Democrats
          * Illinois crib bumper bills stall in Senate
          * Statehouse Insider: Relax, there's a whole week left get it all done
          * Statehouse Insider: Relax, there's a whole week left get it all done
          * Our Opinion: Will someone please lead Illinois?
          * Special funds inviting bailout target for Illinois
          * Andy Shaw: Campaign finance in a sorry state
          * Illinois road construction funds get swept
          * Law fails to stop Illinois schools from fattening pensions
          * Proud of WWII service, they opposed Vietnam War


          * HS Graduation 2015:Fisher High School
          * Nonprofit helps veterans get fit, stay strong in Illinois
          * Opening Weekend Crystal Lake Family Aquatic Center
          * Morthole 25th
          * ENGAGEMENT
          * Fanshier 50th
          * Tolley-Crowley
          * ZIP code introduced by 62650 native
          * Divorces
          * Divorces 5/24/15


          * Free museum visits
          * Reading club craft show
          * Flowering plants sought
          * Miss Mundelein Pageants
          * More charges possible in Elgin sex assault, child porn case?

          * U.S. Rep. Thornberry Juggles Politics as P...
          * Takai Joins a Push to Support New Mothers ...
          * Black candidates make history in McKeesport
          * Poll: Duckworth Zaps Zopp in U.S. Senate D...
          * Roger That: Costello bill extends honors f...
          * D.C. Lawmakers Unleashed — In 140 Characte...
          * Nerstrom remembered at PTSD awareness event
          * Illinois Senate passes marijuana decrimina...
          * AOPA letter to HHS receives congressional ...
          * IL-Sen: Mark Kirk (R) Gets His Facts Wrong...

          * Congress' familiar path: short-term solutions...
          * California congressman’s bill advocates pr......

          * Laura Washington: A crowd gathers to chall......
          * Don’t delay new standards...

          * Bruce Rauner's Secret Government
          * Memorial Day Commemorations In The Area
          * Congresswoman Jan Schakowsky, Aldermen Cappleman, Osterman, Pawar, Tunney, State Senator Steans and State Representatives Cassidy, Harris, Williams, Commissioner Gainer, Suffredin and County Clerk Orr join to oppose Noble Charter in Rogers Park and Lakevi
          * #BlackTeachersMatter. U.S. Judge Milton Shadur calls CPS response to teachers discrimination lawsuit, “totally irresponsible.”
          * Tax millionaires. Not pensions.
          * Archbishop Oscar Romero.
          * Illinois House won’t tax millionaires, but some still want to tax retired.
          * Sunday posts, pics and tweets.
          * Every Jack Has His Cal
          * CPS scandal. Solomon, Byrd-Bennett, Swanson, Brizard, Vitale, Emanuel, Zopp, Vallas. Mums the word.


          * The Illinois Department of Public Health Urges Illinoisans to Take Precautions Against West Nile Virus - Illinois Department of Public Health offers tips for avoiding mosquito bites
          * IDOT Suspends Non-Emergency Road Work for Memorial Day Holiday Weekend - Lanes Opened to Improve Traffic Flow
          * Illinois State Fire Marshal Recognizes EMS Week
          * IDOT, ISP: Drive Safe, Drive Smart Over Memorial Day Weekend - Click It or Ticket Campaign Continues, New “Driving Dead” Episode Debuts
          * Breakfast Club Fans Can Take Home Movie Memorabilia with Special 30th Anniversary Auction - Theater Chairs from Set of Iconic Movie Up for Sale




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