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What should employers, employees, and brokers know about transgender and gender re-affirming healthcare benefits? originally appeared on Quora: the place to gain and share knowledge, empowering people to learn from others and better understand the world.
Answer by Angela Surra, Principal Benefits Expert at Mineral HR & Compliance, on Quora:
Healthcare benefits for transgender individuals include preventive, acute, and chronic care, gender-specific care, and transition-related care. It is important to understand what benefits are limited or excluded from coverage based on federal laws and state insurance laws.
Section 1557 of the Affordable Care Act (ACA) generally prohibits gender identity discrimination in certain activities and health programs. Whether an employer is a covered employer under Section 1557 will determine what protections an employee may cite. Title VII of the Civil Rights Act also prohibits employment discrimination based on sex which has been referenced in various court cases where an employee was not provided certain transgender healthcare coverage.
Many states have already banned or restricted some form of gender-affirming care. Although much of the recent state legislation has been targeting youth, there are some targeting adults as well. In 2022, the Civil Rights Division of the Department of Justice sent a letter to each state’s Attorney General as a reminder of the laws protecting transgender youth. More litigation will likely occur.
A thorough review of an individual’s insurance plan, in consultation with the insurance broker and carrier will provide what level of coverage is available.
This question originally appeared on Quora – the place to gain and share knowledge, empowering people to learn from others and better understand the world.