Delaware is 15th State to Ban Insurance Exclusions for Transgender People
On March 23, Delaware Insurance Commissioner Karen Weldin Stewart announced that Delaware insurers may not discriminate against transgender people by refusing coverage, imposing unequal premiums, or excluding medically necessary care related to gender transition. The Department’s bulletin follows the adoption of the Gender Identity Nondiscrimination Act of 2013 and makes Delaware the 15th state, plus Washington, D.C., to ban blanket insurance exclusions for transition-related care.
“Equality Delaware applauds this life-saving action by the Delaware Department of Insurance,” said Lisa Goodman, President of Equality Delaware. “Excluding coverage for medically necessary care for transgender individuals remains one of the most frequent examples of anti-LGBT discrimination. This bulletin builds on the progress Delaware made three years ago with the adoption of fully inclusive nondiscrimination protections and makes clear that discrimination against transgender people has no place in our insurance market.”
The bulletin, which covers all insurers and insurance plans regulated by the Delaware Department of Insurance, states that “any blanket policy exclusion for gender dysphoria, gender identity disorder, medically necessary surgeries or other treatments related to gender transition or related services is a violation of the Unfair Trade Practices Act.”
While insurance companies routinely cover such treatments and procedures for non-transgender patients, many plans currently bar coverage of those same procedures for transgender individuals seeking to transition. Full coverage of transition related care for transgender people is supported by major medical and mental health associations, including the American Medical Association, American Psychological Association, and the World Professional Association for Transgender Health.
“Transgender people deserve access to medically necessary health care just like everyone else, ” said Sarah McBride, a member of the Board of Directors of Equality Delaware Inc. “Unfair exclusions that target transgender people are unlawful, harmful, and medically unsound. I want to personally thank Commissioner Stewart, Deputy Commissioner Drane, Deputy Attorney General Jessica Willey, and Equality Delaware Inc. Board Member Mark Purpura for all of their work on this important issue....”
The bulletin is a result of collaboration between Equality Delaware, the Delaware Department of Insurance, as well as the Center for American Progress and the National Center for Transgender Equality. Today’s announcement builds off the work of the late Andrew Cray, who served as a national leader on transgender health advocacy before he passed away from cancer in 2014. “We consider this bulletin a part of Andy’s legacy,” said Lisa Goodman.
The bulletin goes into effect immediately and, if necessary, transgender individuals may file a complaint with the Delaware Dept. of Insurance.