Text of MA S 621 (2024)

1 of 1 SENATE DOCKET, NO. 2063 FILED ON: 1/20/2023 SENATE . . . . . . . . . . . . . . No. 621 The Commonwealth of Massachusetts _________________ PRESENTED BY: Julian Cyr _________________ 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 gender-affirming hair removal treatment. _______________ PETITION OF: NAME: DISTRICT/ADDRESS: Julian Cyr Cape and Islands 1 of 5 SENATE DOCKET, NO. 2063 FILED ON: 1/20/2023 SENATE . . . . . . . . . . . . . . No. 621 By Mr. Cyr, a petition (accompanied by bill, Senate, No. 621) of Julian Cyr for legislation relative to gender-affirming hair removal treatment. Financial Services. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Third General Court (2023-2024) _______________ An Act relative to gender-affirming hair removal treatment. 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, as appearing in the 2020 Official 2 Edition, is hereby amended by inserting after section 30 the following new section:- 3 Section 31. (a) Any coverage offered by the commission to an active or retired employee 4 of the commonwealth insured under the group insurance commission shall provide coverage for 5 gender-affirming hair removal procedures including, but not limited to, laser hair removal and 6 electrolysis hair removal prescribed as medical treatment in accordance with accepted standards 7 of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, 8 transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject 9 to a statement from a treating provider that the procedure is necessary for treatment related to an 10 individual’s gender identity. The benefits in this section shall not be subject to any greater 11 deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by 12 the commission. 2 of 5 13 (b) A health insurance carrier may not exclude coverage for laser hair removal, 14 electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed 15 as medical treatment related to an individual’s gender identity. 16 SECTION 2. Chapter 118E of the General Laws, as appearing in the 2020 Official 17 Edition, is hereby amended by inserting after section 10N the following new section:- 18 Section 10O. (a) The division shall provide coverage for gender-affirming hair removal 19 procedures including, but not limited to, laser hair removal and electrolysis hair removal 20 prescribed as medical treatment in accordance with accepted standards of care to affirm the 21 gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary, 22 intersex, or other gender diverse individuals. Coverage shall be subject to a statement from a 23 treating provider that the procedure is necessary for treatment related to an individual’s gender 24 identity. The benefits in this section shall not be subject to any greater deductible, coinsurance, 25 copayments or out-of-pocket limits than any other benefit provided by the division. 26 (b) The division and its contracted health insurers, health plans, health maintenance 27 organizations, behavioral health management firms and third-party administrators under contract 28 to a Medicaid managed care organization or primary care clinician plan may not exclude 29 coverage for laser hair removal, electrolysis, or other hair removal procedures as cosmetic when 30 these procedures are prescribed as medical treatment related to an individual’s gender identity. 31 SECTION 3. Chapter 175 of the General Laws, as appearing in the 2020 Official Edition, 32 is hereby amended by inserting after section 47TT the following new section:- 33 Section 47UU. (a) The following shall provide coverage for gender-affirming hair 34 removal procedures including, but not limited to, laser hair removal and electrolysis hair removal 3 of 5 35 prescribed as medical treatment in accordance with accepted standards of care to affirm the 36 gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary, 37 intersex, or other gender diverse individuals. (i) any policy of accident and sickness insurance, as 38 described in section 108, which provides hospital expense and surgical expense insurance and 39 which is delivered, issued or subsequently renewed by agreement between the insurer and 40 policyholder in the commonwealth; (ii) any blanket or general policy of insurance described in 41 subdivision (A), (C) or (D) of section 110 which provides hospital expense and surgical expense 42 insurance and which is delivered, issued or subsequently renewed by agreement between the 43 insurer and the policyholder in or outside of the commonwealth; or (iii) any employees’ health 44 and welfare fund which provides hospital expense and surgical expense benefits and which is 45 delivered, issued or renewed to any person or group of persons in the commonwealth. Coverage 46 shall be subject to a statement from a treating provider that the procedure is necessary for 47 treatment related to an individual’s gender identity. The benefits in this section shall not be 48 subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other 49 benefit provided by the insurer. 50 (b) A health insurance carrier may not exclude coverage for laser hair removal, 51 electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed 52 as medical treatment related to an individual’s gender identity. 53 SECTION 4. Chapter 176A of the General Laws, as appearing in the 2020 Official 54 Edition, is hereby amended by inserting after Section 38 the following new section:- 55 Section 39. Any contract between a subscriber and the corporation under an individual or 56 group hospital service plan which is delivered, issued or renewed within the commonwealth shall 4 of 5 57 provide coverage for gender-affirming hair removal procedures including, but not limited to, 58 laser hair removal and electrolysis hair removal prescribed as medical treatment in accordance 59 with accepted standards of care to affirm the gender identity, as defined in section 7 of chapter 4, 60 of two-spirit, transgender, nonbinary, intersex, or other gender diverse individuals. Coverage 61 shall be subject to a statement from a treating provider that the procedure is necessary for 62 treatment related to an individual’s gender identity. The benefits in this section shall not be 63 subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other 64 benefit provided by the insurer. 65 (b) A health insurance carrier may not exclude coverage for laser hair removal, 66 electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed 67 as medical treatment related to an individual’s gender identity. 68 SECTION 5. Chapter 176B of the General Laws, as appearing in the 2020 Official 69 Edition, is hereby amended by inserting after Section 25 the following new section:- 70 Section 26: Any subscription certificate under an individual or group medical service 71 agreement delivered, issued or renewed within the commonwealth shall provide coverage for 72 gender-affirming hair removal procedures including, but not limited to, laser hair removal and 73 electrolysis hair removal prescribed as medical treatment in accordance with accepted standards 74 of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, 75 transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject 76 to a statement from a treating provider that the procedure is necessary for treatment related to an 77 individual’s gender identity. The benefits in this section shall not be subject to any greater 5 of 5 78 deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by 79 the insurer. 80 (b) A health insurance carrier may not exclude coverage for laser hair removal, 81 electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed 82 as medical treatment related to an individual’s gender identity. 83 SECTION 6. Chapter 176G of the General Laws, as appearing in the 202 Official 84 Edition, is hereby amended by inserting after section 33 the following new section:- 85 Section 34. Any individual or group health maintenance contract shall provide coverage 86 for gender-affirming hair removal procedures including, but not limited to, laser hair removal 87 and electrolysis hair removal prescribed as medical treatment in accordance with accepted 88 standards of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit, 89 transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject 90 to a statement from a treating provider that the procedure is necessary for treatment related to an 91 individual’s gender identity. The benefits in this section shall not be subject to any greater 92 deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by 93 the insurer. 94 (b) A health insurance carrier may not exclude coverage for laser hair removal, 95 electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed 96 as medical treatment related to an individual’s gender identity.