Text of MN SF 2209 (2024)

Gender-affirming care health plan and medical assistance coverage requirement clarification

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1.1 A bill for an act​ 1.2 relating to health care; clarifying that health plans must cover gender-affirming​ 1.3 care; clarifying that medical assistance covers gender-affirming care; amending​ 1.4 Minnesota Statutes 2022, section 256B.0625, subdivision 3a; proposing coding​ 1.5 for new law in Minnesota Statutes, chapter 62Q.​ 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.7 Section 1. [62Q.585] GENDER-AFFIRMING CARE COVERAGE; MEDICALLY​ 1.8 NECESSARY CARE.​ 1.9 Subdivision 1. Requirement. No health plan that covers physical or mental health​ 1.10 services may be offered, sold, issued, or renewed in this state that:​ 1.11 (1) excludes coverage for medically necessary gender-affirming care; or​ 1.12 (2) requires gender-affirming treatments to satisfy a definition of "medically necessary​ 1.13 care," "medical necessity," or any similar term that is more restrictive than the definition​ 1.14 provided in subdivision 2.​ 1.15 Subd. 2. Minimum definition. "Medically necessary care" means health care services​ 1.16 appropriate in terms of type, frequency, level, setting, and duration to the enrollee's diagnosis​ 1.17 or condition and diagnostic testing and preventive services. Medically necessary care must​ 1.18 be consistent with generally accepted practice parameters as determined by health care​ 1.19 providers in the same or similar general specialty as typically manages the condition,​ 1.20 procedure, or treatment at issue and must:​ 1.21 (1) help restore or maintain the enrollee's health; or​ 1.22 (2) prevent deterioration of the enrollee's condition.​ 1​ Section 1.​ 23-02798 as introduced​ 02/07/23 REVISOR SGS/JL​ SENATE​ STATE OF MINNESOTA​ S.F. No. 2209​ NINETY-THIRD SESSION​ (SENATE AUTHORS: DIBBLE, Oumou Verbeten, Marty, Murphy and Frentz)​ OFFICIAL STATUS​ D-PG​ DATE​ Introduction and first reading​ 02/27/2023​ Referred to Health and Human Services​ 2.1 Subd. 3. Health plan; definition. For purposes of this section, "health plan" has the​ 2.2 meaning given in section 62Q.01, subdivision 3, but includes the coverages listed in section​ 2.3 62A.011, subdivision 3, clauses (7) and (10).​ 2.4 Sec. 2. Minnesota Statutes 2022, section 256B.0625, subdivision 3a, is amended to read:​ 2.5 Subd. 3a. Sex reassignment surgery Gender-affirming care. Sex reassignment surgery​ 2.6 is not covered. Medical assistance covers gender-affirming care, as determined medically​ 2.7 necessary pursuant to the procedures and criteria recognized within the prevailing​ 2.8 professional standards, guidelines, or practices in this field of medicine.​ 2​ Sec. 2.​ 23-02798 as introduced​ 02/07/23 REVISOR SGS/JL​