Text of ME LD 1040 (2023)

Printed on recycled paper 131st MAINE LEGISLATURE FIRST REGULAR SESSION-2023 Legislative Document No. 1040 H.P. 676 House of Representatives, March 7, 2023 An Act to Require Reimbursement for Gender-affirming Care for MaineCare Members Reference to the Committee on Health and Human Services suggested and ordered printed. ROBERT B. HUNT Clerk Presented by Representative MOONEN of Portland. Cosponsored by Representative RANA of Bangor, Senator BALDACCI of Penobscot and Representatives: CRAVEN of Lewiston, GRAHAM of North Yarmouth, MADIGAN of Waterville, MEYER of Eliot, SHAGOURY of Hallowell, ZAGER of Portland, Senator: INGWERSEN of York. Page 1 - 131LR2202(01) 1 Be it enacted by the People of the State of Maine as follows: 2 Sec. 1. 22 MRSA §3174-KKK is enacted to read: 3 §3174-KKK. Coverage for gender-affirming care 4 1. Definitions. As used in this section, unless the context otherwise indicates, the 5 following terms have the following meanings. 6 A. "Gender expression" means an individual's gender-related appearance and 7 behavior, whether or not stereotypically associated with the sex assigned to the 8 individual at birth. 9 B. "Gender identity" means an individual's internal sense of that individual's gender, 10 regardless of the sex assigned to the individual at birth. 11 C. "Transgender individual" means an individual who identifies as a gender different 12 from the sex assigned to the individual at birth. 13 2. Reimbursement. The department shall provide reimbursement for medically 14 necessary treatment for or related to gender dysphoria as defined by the Diagnostic and 15 Statistical Manual of Mental Disorders, 5th edition, published by the American Psychiatric 16 Association or a comparable or equivalent diagnosis. 17 3. Discrimination prohibited. The department may not discriminate in its 18 reimbursement of medically necessary treatment on the basis of a MaineCare member's 19 gender identity or gender expression or on the basis that the MaineCare member is a 20 transgender individual. 21 SUMMARY 22 This bill prohibits the MaineCare program from discriminating in its reimbursement 23 for medically necessary treatment on the basis of a MaineCare member's gender identity, 24 gender expression or on the basis that the MaineCare member is a transgender individual 25 and requires that the program cover medically necessary treatment for or related to gender 26 dysphoria. 22 23 24 25 26

Page 1 - 131LR2202(03) STATE OF MAINE _____ IN THE YEAR OF OUR LORD TWO THOUSAND TWENTY-THREE _____ H.P. 676 - L.D. 1040 An Act to Require Reimbursement for Gender-affirming Care for MaineCare Members Be it enacted by the People of the State of Maine as follows: Sec. 1. 22 MRSA §3174-KKK is enacted to read: §3174-KKK. Coverage for gender-affirming care 1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Gender expression" means an individual's gender-related appearance and behavior, whether or not stereotypically associated with the sex assigned to the individual at birth. B. "Gender identity" means an individual's internal sense of that individual's gender, regardless of the sex assigned to the individual at birth. C. "Transgender individual" means an individual who identifies as a gender different from the sex assigned to the individual at birth. 2. Reimbursement. The department shall provide reimbursement for medically necessary treatment for or related to gender dysphoria as defined by the Diagnostic and Statistical Manual of Mental Disorders, 5th edition, published by the American Psychiatric Association or a comparable or equivalent diagnosis. 3. Discrimination prohibited. The department may not discriminate in its reimbursement of medically necessary treatment on the basis of a MaineCare member's gender identity or gender expression or on the basis that the MaineCare member is a transgender individual. APPROVED JUNE 23, 2023 BY GOVERNOR CHAPTER 288 PUBLIC LAW