Relating to civil liability for, governmental health plan coverage of, and public funding for gender modification procedures and treatments.
Impact
The bill seeks to amend several sections of the Civil Practice and Remedies Code, effectively introducing a new chapter to regulate the practices concerning gender modification surgeries. One significant aspect is that it places a strict liability on health plans concerning any costs arising from gender modification procedures. This includes not only the costs of the procedures themselves but also any subsequent medical treatments necessary to reverse such procedures, creating a financial burden on health plans and possibly deterring them from offering coverage for these types of procedures altogether.
Summary
SB115 is a legislative proposal in Texas aimed at regulating civil liability, government health plan coverage, and public funding related to gender modification procedures and treatments. The overarching intent of the bill is to address and impose strict liabilities on health care providers and benefit issuers regarding the medical, mental health, and pharmaceutical costs associated with gender modification treatments. Notably, the bill proposes that health benefit plans cannot cover gender modification procedures, thereby limiting access to such treatments for patients who do not fit specific exemptions outlined in the bill.
Contention
Discussions surrounding SB115 have hinted at notable points of contention. Proponents of the bill argue that it serves to protect individuals from potentially harmful medical practices that are driven more by financial incentives than by patient healthcare needs. This perspective suggests a moral responsibility in regulating and limiting access to gender modification procedures. Conversely, opponents contend that the bill could infringe on individual rights to access medical care, particularly for transgender individuals seeking gender-affirming treatments. The balance between patient autonomy and the perceived need for regulation presents a complex issue for legislators.
Exceptions
The bill does acknowledge exceptions for certain cases, such as patients born with medically verifiable genetic disorders that affect sex development. These exceptions appear to be framed as necessary allowances to ensure that those with genuine medical needs can still receive appropriate care. However, the narrow scope of these exceptions may highlight criticisms that the legislation could unjustly deny care to many individuals seeking gender modification procedures without appropriate grounds.
Texas Constitutional Statutes Affected
Civil Practice And Remedies Code
Chapter 74. Medical Liability
Section: New Section
Government Code
Chapter 2273. Prohibited Transactions
Section: New Section
Health And Safety Code
Chapter 62. Child Health Plan For Certain Low-income Children
Relating to professional liability insurance coverage for and prohibitions on the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria.
Relating to professional liability insurance coverage for and prohibitions on providing to certain children procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria; creating a criminal offense.
Relating to the provision of and professional liability insurance coverage for gender transitioning or gender reassignment medical procedures and treatments for certain children.
Relating to professional liability insurance coverage for and prohibitions on the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria and to the abuse of a child.
Relating to prohibitions on the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria and on the use of public money or public assistance to provide those procedures and treatments.
Relating to prohibitions on the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria and on the use of public money or public assistance to provide those procedures and treatments.
Relating to prohibitions on the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria and on the use of public money or public assistance to provide those procedures and treatments.
Relating to health benefit plan coverage for and prohibitions on gender transitioning procedures and treatments provided to certain individuals; creating a criminal offense.
Relating to liability for the provision to certain children of procedures and treatments for gender transitioning, gender reassignment, or gender dysphoria; providing a civil penalty.