Text of MA H 1037 (2024)

1 of 1 HOUSE DOCKET, NO. 1289 FILED ON: 1/18/2023 HOUSE . . . . . . . . . . . . . . . No. 1037 The Commonwealth of Massachusetts _________________ PRESENTED BY: Natalie M. Higgins and Christine P. Barber _________________ To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General Court assembled: The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: An Act relative to trans-inclusive health care access. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: DATE ADDED: Natalie M. Higgins 4th Worcester 1/18/2023 Christine P. Barber 34th Middlesex 1/18/2023 Mindy Domb 3rd Hampshire 1/23/2023 Lindsay N. Sabadosa 1st Hampshire 1/23/2023 Steven Owens 29th Middlesex 1/26/2023 James K. Hawkins 2nd Bristol 1/27/2023 Jack Patrick Lewis 7th Middlesex 1/30/2023 Joanne M. Comerford Hampshire, Franklin and Worcester 2/21/2023 Rebecca L. Rausch Norfolk, Worcester and Middlesex 2/24/2023 1 of 4 HOUSE DOCKET, NO. 1289 FILED ON: 1/18/2023 HOUSE . . . . . . . . . . . . . . . No. 1037 By Representatives Higgins of Leominster and Barber of Somerville, a petition (accompanied by bill, House, No. 1037) of Natalie M. Higgins, Christine P. Barber and others relative to trans- inclusive health care access. Financial Services. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act relative to trans-inclusive health care access. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: 1 SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after 2 section 17R the following section:- 3 Section 17S. The commission shall not reject a letter from a health care provider, 4 including, but not limited to a qualified mental health care professional, nor shall the commission 5 require more than one letter, affirming the medical necessity of gender affirming care for a 6 person for the purposes of accessing gender-affirming health care. 7 For purposes of this section, the term “qualified mental health care professional” shall, 8 unless the context clearly requires otherwise, mean a mental health professional who meets the 9 minimum credentials, training and standards of care for working with gender dysphoric adults 10 and adolescents developed by the World Professional Association for Transgender Health. 11 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after 12 section 10N the following section:- 2 of 4 13 Section 10O. The division shall not reject a letter from a health care provider, including, 14 but not limited to a qualified mental health care professional, nor shall the division require more 15 than one letter, affirming the medical necessity of gender affirming care for a person for the 16 purposes of accessing gender-affirming health care. 17 For purposes of this section, the term “qualified mental health care professional” shall, 18 unless the context clearly requires otherwise, mean a mental health professional who meets the 19 minimum credentials, training and standards of care for working with gender dysphoric adults 20 and adolescents developed by the World Professional Association for Transgender Health. 21 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after 22 section 47NN the following section:- 23 Section 47OO. No insurer or producer authorized to issue policies of insurance pursuant 24 to sections 108 or 110 shall reject a letter from a health care provider, including, but not limited 25 to a qualified mental health care professional, nor shall the insurer or producer require more than 26 one letter, affirming the medical necessity of gender affirming care for a person for the purposes 27 of accessing gender-affirming health care. 28 For purposes of this section, the term “qualified mental health care professional” shall, 29 unless the context clearly requires otherwise, mean a mental health professional who meets the 30 minimum credentials, training and standards of care for working with gender dysphoric adults 31 and adolescents developed by the World Professional Association for Transgender Health. 32 SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after 33 section 8OO the following section:- 3 of 4 34 Section 8PP. No corporation subject to this chapter shall reject a letter from a health care 35 provider, including, but not limited to a qualified mental health care professional, nor shall the 36 corporation require more than one letter, affirming the medical necessity of gender affirming 37 care for a person for the purposes of accessing gender-affirming health care. 38 For purposes of this section, the term “qualified mental health care professional” shall, 39 unless the context clearly requires otherwise, mean a mental health professional who meets the 40 minimum credentials, training and standards of care for working with gender dysphoric adults 41 and adolescents developed by the World Professional Association for Transgender Health. 42 SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after 43 section 4OO the following section:- 44 Section 4PP. No corporation subject to this chapter shall reject a letter from a health care 45 provider, including, but not limited to a qualified mental health care professional, nor shall the 46 corporation require more than one letter, affirming the medical necessity of gender affirming 47 care for a person for the purposes of accessing gender-affirming health care. 48 For purposes of this section, the term “qualified mental health care professional” shall, 49 unless the context clearly requires otherwise, mean a mental health professional who meets the 50 minimum credentials, training and standards of care for working with gender dysphoric adults 51 and adolescents developed by the World Professional Association for Transgender Health. 52 SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after 53 section 4GG the following section:- 4 of 4 54 Section 4HH. No health maintenance organization subject to this chapter, and no officer 55 or agent thereof, shall reject a letter from a health care provider, including, but not limited to a 56 qualified mental health care professional, nor shall the health maintenance organization require 57 more than one letter, affirming the medical necessity of gender affirming care for a person for 58 the purposes of accessing gender-affirming health care. 59 For purposes of this section, the term “qualified mental health care professional” shall, 60 unless the context clearly requires otherwise, mean a mental health professional who meets the 61 minimum credentials, training and standards of care for working with gender dysphoric adults 62 and adolescents developed by the World Professional Association for Transgender Health.