HHS: Affordable Care Act Will Protect Transgender People

[Laura PourMeADrink]

http://www.usnews.com/news/blogs/washington-whispers/2012/08/06/hhs-affordable-care-act-will-protect-transgender-people-too

In a major win for the transgender community, the Department of Health and Human Services (HHS) has said that the Affordable Care Act's ban on sex-based discrimination includes transgender Americans.

In a letter shared with Whispers by the National Center on Transgender Equality, HHS writes:

"We agree that... sex discrimination prohibition extends to claims of discrimination based on gender identity or failure to conform to stereotypical notions of masculinity and femininity."

HHS also wrote that the Affordable Care Act prohibits sexual harassment based on gender. The HHS letter came in response to a letter from a number of LGBT organizations, including the NCTE, that asked for clarity on the law.

MORE AT LINK

[Evasporque]

1. Will this prevent exlusions of transgender related treatment typically found in health plans?

I requested my employer to look into offering a transgender inclusive plan to "meet the needs of our diverse workforce" they denied. The request was denied by a benefits manager because "other employer plans in the market do not offer coverage for that..."

I am still at a loss as to how to proceed...I pay my premiums but they deny my claims for anything remotely related to transgender.

[Laura PourMeADrink]

2. I don't know..it is definitely confusing. Here's an explanation that I have read twice

and I'm still not clear on it.

http://transequality.org/Resources/HealthCareRight_March2012_FINAL.pdf

[qb]

3. This is a brilliant move - protecting transgender people under existing sex-discrimination laws

rather than waiting for more comprehensive LGBT anti-discrimination laws to be enacted.
Thank you President Obama and HHS!

[enlightenment]

4. Nice to see a few more protections of rights afforded.

It would be even better if there was something that prevented insurance companies from denying coverage of care.

There are obvious places where this is true - and some that are more subtle. For instance: an FtM who has not fully transitioned still needs a "female" examination yearly. This is doubly important because the higher levels of testosterone in the system can trigger abnormal cell growth in female sexual organs (cancer). MtFs may be denied coverage for an annual prostate exam.

Insurance companies can deny coverage for these examinations, because the individuals "are not female" or "are not male".

They regularly deny reassignment surgery - hysterectomies and oophorectomies are considered "elective", and of course things like mastectomies/breast augmentation are nothing more than "cosmetic". External modification of the genitalia for reassignment is also "cosmetic".

The horror stories are legion. I'm glad the ACA has language preventing the sort of harassment that regularly occurs, but the insurance companies need to be brought to heel on what they will cover.