Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1037 Compare Versions

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22 HOUSE DOCKET, NO. 1289 FILED ON: 1/18/2023
33 HOUSE . . . . . . . . . . . . . . . No. 1037
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Natalie M. Higgins and Christine P. Barber
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to trans-inclusive health care access.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Natalie M. Higgins4th Worcester1/18/2023Christine P. Barber34th Middlesex1/18/2023Mindy Domb3rd Hampshire1/23/2023Lindsay N. Sabadosa1st Hampshire1/23/2023Steven Owens29th Middlesex1/26/2023James K. Hawkins2nd Bristol1/27/2023Jack Patrick Lewis7th Middlesex1/30/2023Joanne M. ComerfordHampshire, Franklin and Worcester2/21/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/24/2023 1 of 4
1616 HOUSE DOCKET, NO. 1289 FILED ON: 1/18/2023
1717 HOUSE . . . . . . . . . . . . . . . No. 1037
1818 By Representatives Higgins of Leominster and Barber of Somerville, a petition (accompanied by
1919 bill, House, No. 1037) of Natalie M. Higgins, Christine P. Barber and others relative to trans-
2020 inclusive health care access. Financial Services.
2121 The Commonwealth of Massachusetts
2222 _______________
2323 In the One Hundred and Ninety-Third General Court
2424 (2023-2024)
2525 _______________
2626 An Act relative to trans-inclusive health care access.
2727 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
2828 of the same, as follows:
2929 1 SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after
3030 2section 17R the following section:-
3131 3 Section 17S. The commission shall not reject a letter from a health care provider,
3232 4including, but not limited to a qualified mental health care professional, nor shall the commission
3333 5require more than one letter, affirming the medical necessity of gender affirming care for a
3434 6person for the purposes of accessing gender-affirming health care.
3535 7 For purposes of this section, the term “qualified mental health care professional” shall,
3636 8unless the context clearly requires otherwise, mean a mental health professional who meets the
3737 9minimum credentials, training and standards of care for working with gender dysphoric adults
3838 10and adolescents developed by the World Professional Association for Transgender Health.
3939 11 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after
4040 12section 10N the following section:- 2 of 4
4141 13 Section 10O. The division shall not reject a letter from a health care provider, including,
4242 14but not limited to a qualified mental health care professional, nor shall the division require more
4343 15than one letter, affirming the medical necessity of gender affirming care for a person for the
4444 16purposes of accessing gender-affirming health care.
4545 17 For purposes of this section, the term “qualified mental health care professional” shall,
4646 18unless the context clearly requires otherwise, mean a mental health professional who meets the
4747 19minimum credentials, training and standards of care for working with gender dysphoric adults
4848 20and adolescents developed by the World Professional Association for Transgender Health.
4949 21 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after
5050 22section 47NN the following section:-
5151 23 Section 47OO. No insurer or producer authorized to issue policies of insurance pursuant
5252 24to sections 108 or 110 shall reject a letter from a health care provider, including, but not limited
5353 25to a qualified mental health care professional, nor shall the insurer or producer require more than
5454 26one letter, affirming the medical necessity of gender affirming care for a person for the purposes
5555 27of accessing gender-affirming health care.
5656 28 For purposes of this section, the term “qualified mental health care professional” shall,
5757 29unless the context clearly requires otherwise, mean a mental health professional who meets the
5858 30minimum credentials, training and standards of care for working with gender dysphoric adults
5959 31and adolescents developed by the World Professional Association for Transgender Health.
6060 32 SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after
6161 33section 8OO the following section:- 3 of 4
6262 34 Section 8PP. No corporation subject to this chapter shall reject a letter from a health care
6363 35provider, including, but not limited to a qualified mental health care professional, nor shall the
6464 36corporation require more than one letter, affirming the medical necessity of gender affirming
6565 37care for a person for the purposes of accessing gender-affirming health care.
6666 38 For purposes of this section, the term “qualified mental health care professional” shall,
6767 39unless the context clearly requires otherwise, mean a mental health professional who meets the
6868 40minimum credentials, training and standards of care for working with gender dysphoric adults
6969 41and adolescents developed by the World Professional Association for Transgender Health.
7070 42 SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after
7171 43section 4OO the following section:-
7272 44 Section 4PP. No corporation subject to this chapter shall reject a letter from a health care
7373 45provider, including, but not limited to a qualified mental health care professional, nor shall the
7474 46corporation require more than one letter, affirming the medical necessity of gender affirming
7575 47care for a person for the purposes of accessing gender-affirming health care.
7676 48 For purposes of this section, the term “qualified mental health care professional” shall,
7777 49unless the context clearly requires otherwise, mean a mental health professional who meets the
7878 50minimum credentials, training and standards of care for working with gender dysphoric adults
7979 51and adolescents developed by the World Professional Association for Transgender Health.
8080 52 SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after
8181 53section 4GG the following section:- 4 of 4
8282 54 Section 4HH. No health maintenance organization subject to this chapter, and no officer
8383 55or agent thereof, shall reject a letter from a health care provider, including, but not limited to a
8484 56qualified mental health care professional, nor shall the health maintenance organization require
8585 57more than one letter, affirming the medical necessity of gender affirming care for a person for
8686 58the purposes of accessing gender-affirming health care.
8787 59 For purposes of this section, the term “qualified mental health care professional” shall,
8888 60unless the context clearly requires otherwise, mean a mental health professional who meets the
8989 61minimum credentials, training and standards of care for working with gender dysphoric adults
9090 62and adolescents developed by the World Professional Association for Transgender Health.