Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1037 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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HOUSE DOCKET, NO. 1289       FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1037
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Natalie M. Higgins and Christine P. Barber
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to trans-inclusive health care access.
_______________
PETITION OF:
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
HOUSE DOCKET, NO. 1289       FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 1037
By Representatives Higgins of Leominster and Barber of Somerville, a petition (accompanied by 
bill, House, No. 1037) of Natalie M. Higgins, Christine P. Barber and others relative to trans-
inclusive health care access. Financial Services.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to trans-inclusive health care access.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Chapter 32A of the General Laws is hereby amended by inserting after 
2section 17R the following section:-
3 Section 17S. The commission shall not reject a letter from a health care provider, 
4including, but not limited to a qualified mental health care professional, nor shall the commission 
5require more than one letter, affirming the medical necessity of gender affirming care for a 
6person for the purposes of accessing gender-affirming health care. 
7 For purposes of this section, the term “qualified mental health care professional” shall, 
8unless the context clearly requires otherwise, mean a mental health professional who meets the 
9minimum credentials, training and standards of care for working with gender dysphoric adults 
10and adolescents developed by the World Professional Association for Transgender Health.
11 SECTION 2. Chapter 118E of the General Laws is hereby amended by inserting after 
12section 10N the following section:- 2 of 4
13 Section 10O. The division shall not reject a letter from a health care provider, including, 
14but not limited to a qualified mental health care professional, nor shall the division require more 
15than one letter, affirming the medical necessity of gender affirming care for a person for the 
16purposes of accessing gender-affirming health care. 
17 For purposes of this section, the term “qualified mental health care professional” shall, 
18unless the context clearly requires otherwise, mean a mental health professional who meets the 
19minimum credentials, training and standards of care for working with gender dysphoric adults 
20and adolescents developed by the World Professional Association for Transgender Health.
21 SECTION 3. Chapter 175 of the General Laws is hereby amended by inserting after 
22section 47NN the following section:-
23 Section 47OO. No insurer or producer authorized to issue policies of insurance pursuant 
24to sections 108 or 110 shall reject a letter from a health care provider, including, but not limited 
25to a qualified mental health care professional, nor shall the insurer or producer require more than 
26one letter, affirming the medical necessity of gender affirming care for a person for the purposes 
27of accessing gender-affirming health care.
28 For purposes of this section, the term “qualified mental health care professional” shall, 
29unless the context clearly requires otherwise, mean a mental health professional who meets the 
30minimum credentials, training and standards of care for working with gender dysphoric adults 
31and adolescents developed by the World Professional Association for Transgender Health.
32 SECTION 4. Chapter 176A of the General Laws is hereby amended by inserting after 
33section 8OO the following section:- 3 of 4
34 Section 8PP. No corporation subject to this chapter shall reject a letter from a health care 
35provider, including, but not limited to a qualified mental health care professional, nor shall the 
36corporation require more than one letter, affirming the medical necessity of gender affirming 
37care for a person for the purposes of accessing gender-affirming health care.
38 For purposes of this section, the term “qualified mental health care professional” shall, 
39unless the context clearly requires otherwise, mean a mental health professional who meets the 
40minimum credentials, training and standards of care for working with gender dysphoric adults 
41and adolescents developed by the World Professional Association for Transgender Health.
42 SECTION 5. Chapter 176B of the General Laws is hereby amended by inserting after 
43section 4OO the following section:-
44 Section 4PP. No corporation subject to this chapter shall reject a letter from a health care 
45provider, including, but not limited to a qualified mental health care professional, nor shall the 
46corporation require more than one letter, affirming the medical necessity of gender affirming 
47care for a person for the purposes of accessing gender-affirming health care.
48 For purposes of this section, the term “qualified mental health care professional” shall, 
49unless the context clearly requires otherwise, mean a mental health professional who meets the 
50minimum credentials, training and standards of care for working with gender dysphoric adults 
51and adolescents developed by the World Professional Association for Transgender Health.
52 SECTION 6. Chapter 176G of the General Laws is hereby amended by inserting after 
53section 4GG the following section:- 4 of 4
54 Section 4HH. No health maintenance organization subject to this chapter, and no officer 
55or agent thereof, shall reject a letter from a health care provider, including, but not limited to a 
56qualified mental health care professional, nor shall the health maintenance organization require 
57more than one letter, affirming the medical necessity of gender affirming care for a person for 
58the purposes of accessing gender-affirming health care.
59 For purposes of this section, the term “qualified mental health care professional” shall, 
60unless the context clearly requires otherwise, mean a mental health professional who meets the 
61minimum credentials, training and standards of care for working with gender dysphoric adults 
62and adolescents developed by the World Professional Association for Transgender Health.