Text of VT S 108 (2013)

BILL AS INTRODUCED S.108 2013 Page 1 of 4 VT LEG #286850 v.1A S.108 1 Introduced by Senators Pollina, Ayer, Fox, and Lyons 2 Referred to Committee on 3 Date: 4 Subject: Health; insurance; discrimination; persons who are transgender 5 Statement of purpose of bill as introduced: This bill proposes to prevent health 6 insurers from discriminating against persons who are transgender. 7 An act relating to health insurance coverage for persons who are 8 transgender 9 It is hereby enacted by the General Assembly of the State of Vermont: 10 Sec. 1. 8 V.S.A. § 4724(7) is amended to read: 11 (7) Unfair discrimination; arbitrary underwriting action. 12 * * * 13 (B) Making or permitting unfair discrimination against an applicant 14 or an insured, on the basis of the sex, sexual orientation, actual or perceived 15 gender identity, or marital status of, or on the basis that the applicant or insured 16 is transgender, with regard to: 17 (i) Underwriting standards and practices or eligibility 18 requirements; or 19 BILL AS INTRODUCED S.108 2013 Page 2 of 4 VT LEG #286850 v.1A (ii) Rates; however, nothing in this subdivision shall prevent any 1 person who contracts to insure another from setting rates for such insurance in 2 accordance with reasonable classifications based on relevant actuarial data or 3 actual cost experience in accordance with section 4656 of this title. 4 (C)(i) Inquiring or investigating, directly or indirectly as to an 5 applicant’s, an insured’s, or a beneficiary’s sexual orientation, or actual or 6 perceived gender identity, or whether the applicant, insured, or beneficiary is 7 transgender in an application for insurance coverage, or in an investigation 8 conducted by an insurer, reinsurer, or insurance support organization in 9 connection with an application for such coverage, or using information about 10 gender, marital status, medical history, occupation, residential living 11 arrangements, beneficiaries, zip codes, or other territorial designations to 12 determine sexual orientation, actual or perceived gender identity, or whether 13 the person is transgender; 14 (ii) Using sexual orientation, actual or perceived gender identity, 15 the fact that the applicant or insured is transgender, or beneficiary designation 16 in the underwriting process or in the determination of insurability; 17 (iii) Making adverse underwriting decisions because medical 18 records or a report from an insurance support organization reveal that an 19 applicant or insured has demonstrated AIDS-related concerns by seeking 20 counseling from health care professionals; 21 BILL AS INTRODUCED S.108 2013 Page 3 of 4 VT LEG #286850 v.1A (iv) Making adverse underwriting decisions on the basis of the 1 existence of nonspecific blood code information received from the medical 2 information bureau or a national data bank, but this prohibition shall not bar 3 investigation in response to such a nonspecific blood code; 4 (v) The provisions of this subdivision (C) shall not be construed to 5 prohibit an insurer from requesting an applicant or insured to take an 6 HIV-related test on the basis of the health history or current condition of health 7 of the applicant or insured in accordance with the provisions of subdivision 8 (20) of this section. 9 * * * 10 (F) Discriminating against an applicant or insured on the basis of 11 actual or perceived gender identity or on the basis that the applicant or insured 12 is transgender, including: 13 (i) Designating an applicant’s or insured’s actual or perceived 14 gender identity or the fact that an applicant or insured is transgender as a 15 preexisting condition for which coverage may be denied or limited; or 16 (ii) Denying a claim for services or denying or limiting coverage 17 due to an applicant’s or an insured’s actual or perceived gender identity or the 18 fact that an applicant or an insured is transgender, including: 19 (I) Health care services related to gender transition if the policy 20 provides coverage for those services when they are not related to gender 21 BILL AS INTRODUCED S.108 2013 Page 4 of 4 VT LEG #286850 v.1A transition, including hormone therapy, orchiectomy, penectomy, vaginoplasty, 1 clitoroplasty, labiaplasty reduction, thyroid chondroplasty, suction-assisted 2 lipoplasty of the waist, rhinoplasty, facial bone reduction, face-lift, 3 blepharoplasty, salpingo-oophorectomy, vaginectomy, metoidioplasty, 4 scrotoplasty, urethroplasty, placement of testicular prostheses, palloplasty, 5 hysterectomy, mastectomy, and vocal training; or 6 (II) Health care services that are ordinarily or exclusively 7 available to individuals of one gender when denial of the claim or denial or 8 limitation of services is due solely to the fact that the insured or applicant is 9 enrolled in the policy as a member of the other gender or has undergone or is 10 in the process of undergoing gender transition. 11 Sec. 2. EFFECTIVE DATE 12 This act shall take effect on July 1, 2013. 13