Commentary
Key States Gear Up to Advance Detransitioning Protections
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In an attempt to assist individuals seeking to detransition, state lawmakers across the country are advancing legislation that would provide critical insurance-related protections.
HB1639, introduced by Rep. Doug Bankson (R-Apopka) and Rep. Dean Black (R-Jacksonville) of Florida, would require insurance companies that cover gender reassignment procedures to also provide coverage for any treatment to detransition, in addition to several other provisions of the bill. The legislation is currently moving through the legislature and has passed out of both the Select Committee on Health Innovation and the Insurance and Banking Subcommittee. Opponents of the legislation include Democratic legislators and activists, as well as insurance companies that would potentially bear responsibility for providing coverage.
Several individuals have testified in favor of the bill. For example, Aaron DiPietro, Legislative Affairs Director of the Florida Family Policy Council, noted that “Detransitioners are real and deserve protections and empowerment. And as more of these patients share their stories nationwide, the public is increasingly aware of the lifelong risks of gender medicalization. Detransitioners have often been neglected by health insurance companies and the medical establishment, despite often suffering severe and irreversible complications from treatment. Health insurance companies must be held accountable and provide at least some relief and coverage to help these hurting people find some measure of healing. After all, the insurance companies were the ones funding the original procedures that are being regretted.”
In Arizona, SB1511, introduced by Sen. Janae Shamp (R-Phoenix) would similarly mandate that insurance companies covering gender transitioning procedures also be required to cover detransitioning procedures. As Senator Shamp noted “There are dozens of medical billing codes for gender-affirming care. But there’s not one single for patients seeking to cease gender-transition therapies and reclaim their God-given gender.”
SB1511 has had over 75 individuals file in support of the bill, where it is currently pending before the Arizona Senate Health and Human Services Committee. While there has also been turnout against the bill, those filing in opposition to the legislation are more likely to be registered lobbyists compared to those filing in support of the bill. Additionally, among these registered lobbyists, several filed in opposite to the bill for multiple clients, inflating the number of those carding against the legislation.
Similarly, in Tennessee, HB2816 introduced by Rep. Jeremy Faison (R-Cosby), and companion legislation SB2396 introduced by Sen. Richard Briggs (R-Knoxville), would also require insurance entities that cover transition procedures to additionally require detransitioning procedures. The legislation imposes a similar requirement on state funded gender clinics that perform gender transition procedures to also perform detransition procedures. Both companion bills are currently being considered in committee.
And finally, while not precisely identical to the other measures, SB304 (introduced by five Senators in New Hampshire) would create a legal cause of action for medical injuries that result from certain gender reassignment procedures, while providing protections for those who pursue medical detransitioning.
These legislative efforts—and others throughout the country—are crucial attempts to both provide necessary services for individuals seeking to detransition and to hold insurance companies accountable for their actions in covering transitioning procedures that may cause irreparable and lasting damage on a patient.
In fact, several of these bills contain provisions that resemble the key tenants of the protections contained in Do No Harm’s “Detransitioner Bill of Rights”. Section 6 of the bill of rights model legislation calls for a “right to insurance coverage” that includes, among other provisions, coverage for detransitioning procedures.
Policymakers across the country can consider critical insurance protections—such as those contained in the legislation being considered in Florida, Arizona, Tennessee, and elsewhere—to help protect individuals seeking to detransition.