1 | 1 | | 25 LC 52 0778 |
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2 | 2 | | House Bill 660 |
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3 | 3 | | By: Representatives Cox of the 28 |
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4 | 4 | | th |
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5 | 5 | | , Jasperse of the 11 |
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6 | 6 | | th |
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7 | 7 | | , Rice of the 139 |
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8 | 8 | | th |
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9 | 9 | | , Scoggins of the |
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10 | 10 | | 14 |
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11 | 11 | | th |
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12 | 12 | | , and McDonald III of the 26 |
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13 | 13 | | th |
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14 | 14 | | |
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15 | 15 | | A BILL TO BE ENTITLED |
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16 | 16 | | AN ACT |
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17 | 17 | | To amend Chapter 18 of Title 45, Chapter 4 of Title 49, and Chapter 1 of Title 50 of the |
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18 | 18 | | 1 |
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19 | 19 | | Official Code of Georgia Annotated, relating to the employees' insurance and benefits plans,2 |
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20 | 20 | | public assistance, and general provisions relative to state government, respectively, so as to3 |
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21 | 21 | | prohibit coverage of expenses for any transition related intervention under the state health4 |
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22 | 22 | | benefit plan or with any state funds; to provide for definitions; to prohibit state healthcare5 |
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23 | 23 | | facilities and healthcare providers employed by the state from providing any transition6 |
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24 | 24 | | related intervention; to prohibit correctional facilities owned or operated by the state and7 |
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25 | 25 | | healthcare providers employed at such facilities from providing any transition related8 |
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26 | 26 | | intervention; to provide for related matters; to provide for legislative findings; to provide for9 |
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27 | 27 | | an effective date; to repeal conflicting laws; and for other purposes.10 |
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28 | 28 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:11 |
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29 | 29 | | SECTION 1.12 |
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30 | 30 | | The General Assembly finds that:13 |
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31 | 31 | | (1) The State of Georgia has taken measures to protect individuals from a radical gender14 |
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32 | 32 | | ideology that has, among other things, resulted in a massive unexplained rise in diagnoses15 |
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33 | 33 | | of gender dysphoria;16 |
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34 | 34 | | H. B. 660 |
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35 | 35 | | - 1 - 25 LC 52 0778 |
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36 | 36 | | (2) Senate Bill 140 enacted by the General Assembly in the 2023 regular session broadly |
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37 | 37 | | 17 |
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38 | 38 | | banned procedures or treatments performed for the purpose of enabling a minor to18 |
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39 | 39 | | identify with or live as a purported identity inconsistent with such minor's sex or treating19 |
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40 | 40 | | purported discomfort or distress from a discordance between a minor's sex and asserted20 |
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41 | 41 | | identity, and similar bills from other states have been upheld by a federal appeals court;21 |
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42 | 42 | | and22 |
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43 | 43 | | (3) It is the policy of the State of Georgia that these procedures or treatments shall23 |
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44 | 44 | | neither be covered by the state health benefit plan nor otherwise paid for through the use24 |
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45 | 45 | | of any state funds.25 |
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46 | 46 | | SECTION 2.26 |
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47 | 47 | | Chapter 18 of Title 45 of the Official Code of Georgia Annotated, relating to employees'27 |
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48 | 48 | | insurance and benefits plans, is amended by adding a new Code section to read as follows:28 |
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49 | 49 | | "45-18-4.2. |
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50 | 50 | | 29 |
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51 | 51 | | (a) As used in this Code section, the term:30 |
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52 | 52 | | (1) 'Congenital defect' means a physical or chemical abnormality present in a minor that31 |
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53 | 53 | | is inconsistent with the normal development of a human being of such minor's sex,32 |
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54 | 54 | | including abnormalities caused by a medically verifiable disorder of sex development. 33 |
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55 | 55 | | Such term does not include gender dysphoria, gender identity disorder, gender34 |
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56 | 56 | | incongruence, or any mental condition, disorder, disability, or abnormality.35 |
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57 | 57 | | (2) 'Medical procedure' means a surgical procedure or nonsurgical treatment consisting36 |
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58 | 58 | | of:37 |
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59 | 59 | | (A) Surgically removing, modifying, altering, artificially constructing, or entering into38 |
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60 | 60 | | tissues, cavities, or organs of a human being; or39 |
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61 | 61 | | (B) Prescribing, administering, or dispensing any puberty blocker or supraphysiological40 |
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62 | 62 | | hormone dosage to a human being.41 |
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63 | 63 | | H. B. 660 |
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64 | 64 | | - 2 - 25 LC 52 0778 |
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65 | 65 | | (3) 'Puberty blocker' means a drug or device that suppresses the production of hormones42 |
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66 | 66 | | in a minor's body to stop, delay, or suppress pubertal development.43 |
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67 | 67 | | (4) 'Sex' means an individual's immutable characteristics of the reproductive system that44 |
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68 | 68 | | define such individual as male or female, as determined by anatomy and genetics existing45 |
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69 | 69 | | at the time of birth.46 |
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70 | 70 | | (5) 'State health plan' means any healthcare benefits provided pursuant to Subpart 2 of47 |
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71 | 71 | | Part 6 of Article 17 of Chapter 2 of Title 20, Subpart 3 of Part 6 of Article 17 of48 |
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72 | 72 | | Chapter 2 of Title 20, Code Section 31-2-4, and Article 1 of Chapter 18 of this title.49 |
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73 | 73 | | (6) 'Transition related intervention' means any medical procedure performed for the50 |
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74 | 74 | | purpose of:51 |
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75 | 75 | | (A) Enabling an individual to identify with or live as a purported identity inconsistent52 |
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76 | 76 | | with such individual's sex; or53 |
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77 | 77 | | (B) Treating an individual's purported discomfort or distress from a discordance54 |
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78 | 78 | | between such individual's sex and asserted identity.55 |
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79 | 79 | | (b) On or after January 1, 2026, the state health plan shall not include expenses for any56 |
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80 | 80 | | transition related intervention except as provided in subsection (c) of this Code section.57 |
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81 | 81 | | (c) The board shall adopt rules and regulations regarding the exclusion of expenses for any58 |
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82 | 82 | | transition related intervention as provided for in subsection (b) of this Code section;59 |
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83 | 83 | | provided, however, that it is not a violation of this Code section if a healthcare provider60 |
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84 | 84 | | performs or administers a medical procedure for the purpose of treating:61 |
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85 | 85 | | (1) A minor's congenital defect, precocious puberty, disease, or physical injury;62 |
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86 | 86 | | provided, however, that the term 'disease' does not include gender dysphoria, gender63 |
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87 | 87 | | identity disorder, gender incongruence, or any mental condition, disorder, disability, or64 |
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88 | 88 | | abnormality; and65 |
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89 | 89 | | (2) Any infection, injury, disease, or disorder that has been caused or exacerbated by the66 |
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90 | 90 | | performance of a medical procedure, including a transition related intervention, whether67 |
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91 | 91 | | or not such procedure was performed in accordance with federal or state law; provided,68 |
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92 | 92 | | H. B. 660 |
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93 | 93 | | - 3 - 25 LC 52 0778 |
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94 | 94 | | however, that the purpose of such medical procedure shall not be to continue any69 |
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95 | 95 | | transition related intervention for gender dysphoria, gender identity disorder, gender70 |
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96 | 96 | | incongruence, or any mental condition, disorder, disability, or abnormality."71 |
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97 | 97 | | SECTION 3.72 |
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98 | 98 | | Chapter 4 of Title 49 of the Official Code of Georgia Annotated, relating to public assistance,73 |
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99 | 99 | | is amended by adding a new Code section to read as follows:74 |
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100 | 100 | | "49-4-159.5.75 |
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101 | 101 | | The department shall prohibit the coverage of any transition related intervention as76 |
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102 | 102 | | provided for in Code Section 45-18-4.2 for recipients of medical assistance."77 |
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103 | 103 | | SECTION 4.78 |
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104 | 104 | | Chapter 1 of Title 50 of the Official Code of Georgia Annotated, relating to general79 |
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105 | 105 | | provisions relative to state government, is amended by adding a new Code section to read as80 |
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106 | 106 | | follows:81 |
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107 | 107 | | "50-1-14.82 |
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108 | 108 | | (a) No state funds shall be expended for health benefits coverage that includes coverage83 |
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109 | 109 | | for any transition related intervention as provided for in Code Section 45-18-4.2.84 |
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110 | 110 | | (b) No healthcare facility owned or operated by the state and no physician or other85 |
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111 | 111 | | healthcare provider employed by an agency or entity of this state shall provide any86 |
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112 | 112 | | transition related intervention as provided for in Code Section 45-18-4.2.87 |
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113 | 113 | | (c) No correctional facility owned or operated by the state and no physician or other88 |
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114 | 114 | | healthcare provider employed by such facility shall provide any transition related89 |
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115 | 115 | | intervention as provided for in Code Section 45-18-4.2 to any individual incarcerated at90 |
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116 | 116 | | such facility.91 |
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117 | 117 | | (d) Nothing in this Code section shall be construed as:92 |
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118 | 118 | | H. B. 660 |
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120 | 120 | | (1) Prohibiting any individual, entity, or local government from purchasing separate93 |
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121 | 121 | | coverage for any transition related intervention or health benefits coverage that includes94 |
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122 | 122 | | any transition related intervention, provided that such coverage is paid for entirely using95 |
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123 | 123 | | only funds not authorized or appropriated by the state; or96 |
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124 | 124 | | (2) Restricting the ability of any nonstate health benefits coverage provider from offering97 |
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125 | 125 | | coverage for any transition related intervention or the ability of a local government to98 |
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126 | 126 | | contract separately with such a provider for such coverage, provided that such coverage99 |
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127 | 127 | | is paid for entirely using only funds not authorized or appropriated by the state."100 |
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128 | 128 | | SECTION 5.101 |
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129 | 129 | | This Act shall become effective upon its approval by the Governor or upon its becoming law102 |
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130 | 130 | | without such approval.103 |
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131 | 131 | | SECTION 6.104 |
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132 | 132 | | All laws and parts of laws in conflict with this Act are repealed.105 |
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133 | 133 | | H. B. 660 |
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134 | 134 | | - 5 - |
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