Text of ID H 668 (2024)

LEGISLATURE OF THE STATE OF IDAHO Sixty-seventh Legislature Second Regular Session - 2024 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 668 BY STATE AFFAIRS COMMITTEE AN ACT 1 RELATING TO PUBLIC FUNDS FOR GENDER TRANSITION; PROVIDING LEGISLATIVE IN- 2 TENT; AMENDING TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 3 89, TITLE 18, IDAHO CODE, TO ESTABLISH PROVISIONS PROHIBITING THE USE OF 4 PUBLIC FUNDS FOR GENDER TRANSITION PROCEDURES; AMENDING CHAPTER 2, TI- 5 TLE 56, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 56-270, IDAHO CODE, 6 TO ESTABLISH PROVISIONS PROHIBITING THE USE OF PUBLIC FUNDS FOR GENDER 7 TRANSITION PROCEDURES; PROVIDING SEVERABILITY; AND DECLARING AN EMER- 8 GENCY AND PROVIDING AN EFFECTIVE DATE. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. LEGISLATIVE INTENT. The Legislature finds that the surgical 11 operations and medical procedures described in section 18-1506C(3), Idaho 12 Code, when used for purposes of altering the appearance of an individual in 13 order to affirm the individual's perception of the individual's sex in a way 14 that is inconsistent with the individual's biological sex, carry substan- 15 tial risks and have known harmful effects, including irreversible physical 16 alterations and, in some cases, sterility and lifelong sexual dysfunction. 17 SECTION 2. That Title 18, Idaho Code, be, and the same is hereby amended 18 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 19 ter 89, Title 18, Idaho Code, and to read as follows: 20 CHAPTER 89 21 NO PUBLIC FUNDS FOR GENDER TRANSITION 22 18-8901. USE OF PUBLIC FUNDS FOR GENDER TRANSITION PROCEDURES PROHIB- 23 ITED. (1) For the purposes of this section, "exempted surgical operations or 24 medical interventions" means a surgical operation or medical intervention 25 that is: 26 (a) Necessary to the health of the person on whom it is performed and is 27 performed by a person licensed in the place of its performance as a medi- 28 cal practitioner, except that a surgical operation or medical interven- 29 tion is never necessary to the health of the minor or adult on whom it is 30 performed if it is for the purpose of altering the appearance of an in- 31 dividual in order to affirm the individual's perception of the individ- 32 ual's sex in a way that is inconsistent with the individual's biological 33 sex; 34 (b) For the treatment of any infection, injury, disease, or disorder 35 that has been caused or exacerbated by the performance of gender transi- 36 tion procedures, whether or not the procedures were performed in accor- 37 dance with state and federal law; or 38 (c) Performed in accordance with the good faith medical decision of a 39 parent or guardian of a child or an adult born with a medically verifi- 40 able genetic disorder of sex development, including: 41 2 (i) A person with external biological sex characteristics that 1 are ambiguous and irresolvable, such as a person born having 46, XX 2 chromosomes with virilization, 46, XY chromosomes with undervir- 3 ilization, or with both ovarian and testicular tissue; or 4 (ii) When a physician has otherwise diagnosed a disorder of sexual 5 development in which the physician has determined through genetic 6 testing that the minor or adult does not have the normal sex chro- 7 mosome structure, sex steroid hormone production, or sex steroid 8 hormone action for a male or female. 9 (2) Public funds shall not be used, granted, paid, or distributed to any 10 entity, organization, or individual for the provision or subsidy of any sur- 11 gical operation or medical intervention described in section 18-1506C(3), 12 Idaho Code, for purposes of altering the appearance of an individual in order 13 to affirm the individual's perception of the individual's sex in a way that 14 is inconsistent with the individual's biological sex regardless of whether 15 the surgical operation or medical intervention is administered to a minor or 16 an adult, except for exempted surgical operations or medical interventions. 17 (3) Any amount paid by an entity, organization, or individual during a 18 taxable year for the provision of surgical operations or medical interven- 19 tions described in section 18-1506C(3), Idaho Code, for purposes of altering 20 the appearance of an individual in order to affirm the individual's percep- 21 tion of the individual's sex in a way that is inconsistent with the individ- 22 ual's biological sex regardless of whether the surgical operation or medi- 23 cal intervention is administered to a minor or an adult shall not be tax-de- 24 ductible, except exempted surgical operations or medical interventions. 25 (4) The Idaho medicaid program shall not reimburse or provide coverage 26 for the use of the surgical operations or medical interventions described 27 in section 18-1506C(3), Idaho Code, for purposes of altering the appearance 28 of an individual in order to affirm the individual's perception of the indi- 29 vidual's sex in a way that is inconsistent with the individual's biological 30 sex regardless of whether the surgical operation or medical intervention is 31 administered to a minor or an adult, except exempted surgical operations or 32 medical interventions. 33 (5) No physician or other health care professional in the course and 34 scope of employment by the state or a county or local government may pro- 35 vide the surgical operations or medical interventions described in section 36 18-1506C(3), Idaho Code, for purposes of altering the appearance of an in- 37 dividual in order to affirm the individual's perception of the individual's 38 sex in a way that is inconsistent with the individual's biological sex re- 39 gardless of whether the surgical operation or medical intervention is admin- 40 istered to a minor or an adult, except exempted surgical operations or medi- 41 cal interventions. 42 (6) No state property, facility, or building may be used to provide 43 the surgical operations or medical interventions described in section 44 18-1506C(3), Idaho Code, for purposes of altering the appearance of an 45 individual in order to affirm the individual's perception of the individ- 46 ual's sex in a way that is inconsistent with the individual's biological 47 sex regardless of whether the surgical operation or medical intervention is 48 administered to a minor or an adult, except exempted surgical operations or 49 medical interventions. 50 3 (7) Any intentional violation of the provisions of this chapter by a 1 public officer or public employee shall be considered a misuse of public mon- 2 eys punishable pursuant to section 18-5702, Idaho Code. 3 SECTION 3. That Chapter 2, Title 56, Idaho Code, be, and the same is 4 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 5 ignated as Section 56-270, Idaho Code, and to read as follows: 6 56-270. PROHIBITION ON REIMBURSEMENT AND COVERAGE. (1) Pursuant to 7 chapter 89, title 18, Idaho Code, the Idaho medicaid program shall not reim- 8 burse or provide coverage for any surgical operation or medical intervention 9 described in section 18-1506C(3), Idaho Code, for purposes of altering the 10 appearance of an individual in order to affirm the individual's perception 11 of the individual's sex in a way that is inconsistent with the individual's 12 biological sex regardless of whether the surgical operation or medical in- 13 tervention is administered to a minor or an adult, except exempted surgical 14 operations or medical interventions described in section 18-8901(1), Idaho 15 Code. 16 (2) The department of health and welfare and any other state agency who 17 provides medicaid services shall promulgate rules, subject to legislative 18 approval, directing medicaid provider agreements to contain certifications 19 that no public funds have been used in violation of section 18-8901, Idaho 20 Code. 21 SECTION 4. SEVERABILITY. The provisions of this act are hereby declared 22 to be severable and if any provision of this act or the application of such 23 provision to any person or circumstance is declared invalid for any reason, 24 such declaration shall not affect the validity of the remaining portions of 25 this act. 26 SECTION 5. An emergency existing therefor, which emergency is hereby 27 declared to exist, this act shall be in full force and effect on and after 28 July 1, 2024. 29