Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S621 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 2063 FILED ON: 1/20/2023
3	3	SENATE . . . . . . . . . . . . . . No. 621
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Julian Cyr
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to gender-affirming hair removal treatment.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Julian CyrCape and Islands 1 of 5
16	16	SENATE DOCKET, NO. 2063 FILED ON: 1/20/2023
17	17	SENATE . . . . . . . . . . . . . . No. 621
18	18	By Mr. Cyr, a petition (accompanied by bill, Senate, No. 621) of Julian Cyr for legislation
19	19	relative to gender-affirming hair removal treatment. Financial Services.
20	20	The Commonwealth of Massachusetts
21	21	_______________
22	22	In the One Hundred and Ninety-Third General Court
23	23	(2023-2024)
24	24	_______________
25	25	An Act relative to gender-affirming hair removal treatment.
26	26	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
27	27	of the same, as follows:
28	28	1 SECTION 1. Chapter 32A of the General Laws, as appearing in the 2020 Official
29	29	2Edition, is hereby amended by inserting after section 30 the following new section:-
30	30	3 Section 31. (a) Any coverage offered by the commission to an active or retired employee
31	31	4of the commonwealth insured under the group insurance commission shall provide coverage for
32	32	5gender-affirming hair removal procedures including, but not limited to, laser hair removal and
33	33	6electrolysis hair removal prescribed as medical treatment in accordance with accepted standards
34	34	7of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit,
35	35	8transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject
36	36	9to a statement from a treating provider that the procedure is necessary for treatment related to an
37	37	10individual’s gender identity. The benefits in this section shall not be subject to any greater
38	38	11deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by
39	39	12the commission. 2 of 5
40	40	13 (b) A health insurance carrier may not exclude coverage for laser hair removal,
41	41	14electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed
42	42	15as medical treatment related to an individual’s gender identity.
43	43	16 SECTION 2. Chapter 118E of the General Laws, as appearing in the 2020 Official
44	44	17Edition, is hereby amended by inserting after section 10N the following new section:-
45	45	18 Section 10O. (a) The division shall provide coverage for gender-affirming hair removal
46	46	19procedures including, but not limited to, laser hair removal and electrolysis hair removal
47	47	20prescribed as medical treatment in accordance with accepted standards of care to affirm the
48	48	21gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary,
49	49	22intersex, or other gender diverse individuals. Coverage shall be subject to a statement from a
50	50	23treating provider that the procedure is necessary for treatment related to an individual’s gender
51	51	24identity. The benefits in this section shall not be subject to any greater deductible, coinsurance,
52	52	25copayments or out-of-pocket limits than any other benefit provided by the division.
53	53	26 (b) The division and its contracted health insurers, health plans, health maintenance
54	54	27organizations, behavioral health management firms and third-party administrators under contract
55	55	28to a Medicaid managed care organization or primary care clinician plan may not exclude
56	56	29coverage for laser hair removal, electrolysis, or other hair removal procedures as cosmetic when
57	57	30these procedures are prescribed as medical treatment related to an individual’s gender identity.
58	58	31 SECTION 3. Chapter 175 of the General Laws, as appearing in the 2020 Official Edition,
59	59	32is hereby amended by inserting after section 47TT the following new section:-
60	60	33 Section 47UU. (a) The following shall provide coverage for gender-affirming hair
61	61	34removal procedures including, but not limited to, laser hair removal and electrolysis hair removal 3 of 5
62	62	35prescribed as medical treatment in accordance with accepted standards of care to affirm the
63	63	36gender identity, as defined in section 7 of chapter 4, of two-spirit, transgender, nonbinary,
64	64	37intersex, or other gender diverse individuals. (i) any policy of accident and sickness insurance, as
65	65	38described in section 108, which provides hospital expense and surgical expense insurance and
66	66	39which is delivered, issued or subsequently renewed by agreement between the insurer and
67	67	40policyholder in the commonwealth; (ii) any blanket or general policy of insurance described in
68	68	41subdivision (A), (C) or (D) of section 110 which provides hospital expense and surgical expense
69	69	42insurance and which is delivered, issued or subsequently renewed by agreement between the
70	70	43insurer and the policyholder in or outside of the commonwealth; or (iii) any employees’ health
71	71	44and welfare fund which provides hospital expense and surgical expense benefits and which is
72	72	45delivered, issued or renewed to any person or group of persons in the commonwealth. Coverage
73	73	46shall be subject to a statement from a treating provider that the procedure is necessary for
74	74	47treatment related to an individual’s gender identity. The benefits in this section shall not be
75	75	48subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other
76	76	49benefit provided by the insurer.
77	77	50 (b) A health insurance carrier may not exclude coverage for laser hair removal,
78	78	51electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed
79	79	52as medical treatment related to an individual’s gender identity.
80	80	53 SECTION 4. Chapter 176A of the General Laws, as appearing in the 2020 Official
81	81	54Edition, is hereby amended by inserting after Section 38 the following new section:-
82	82	55 Section 39. Any contract between a subscriber and the corporation under an individual or
83	83	56group hospital service plan which is delivered, issued or renewed within the commonwealth shall 4 of 5
84	84	57provide coverage for gender-affirming hair removal procedures including, but not limited to,
85	85	58laser hair removal and electrolysis hair removal prescribed as medical treatment in accordance
86	86	59with accepted standards of care to affirm the gender identity, as defined in section 7 of chapter 4,
87	87	60of two-spirit, transgender, nonbinary, intersex, or other gender diverse individuals. Coverage
88	88	61shall be subject to a statement from a treating provider that the procedure is necessary for
89	89	62treatment related to an individual’s gender identity. The benefits in this section shall not be
90	90	63subject to any greater deductible, coinsurance, copayments or out-of-pocket limits than any other
91	91	64benefit provided by the insurer.
92	92	65 (b) A health insurance carrier may not exclude coverage for laser hair removal,
93	93	66electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed
94	94	67as medical treatment related to an individual’s gender identity.
95	95	68 SECTION 5. Chapter 176B of the General Laws, as appearing in the 2020 Official
96	96	69Edition, is hereby amended by inserting after Section 25 the following new section:-
97	97	70 Section 26: Any subscription certificate under an individual or group medical service
98	98	71agreement delivered, issued or renewed within the commonwealth shall provide coverage for
99	99	72gender-affirming hair removal procedures including, but not limited to, laser hair removal and
100	100	73electrolysis hair removal prescribed as medical treatment in accordance with accepted standards
101	101	74of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit,
102	102	75transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject
103	103	76to a statement from a treating provider that the procedure is necessary for treatment related to an
104	104	77individual’s gender identity. The benefits in this section shall not be subject to any greater 5 of 5
105	105	78deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by
106	106	79the insurer.
107	107	80 (b) A health insurance carrier may not exclude coverage for laser hair removal,
108	108	81electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed
109	109	82as medical treatment related to an individual’s gender identity.
110	110	83 SECTION 6. Chapter 176G of the General Laws, as appearing in the 202 Official
111	111	84Edition, is hereby amended by inserting after section 33 the following new section:-
112	112	85 Section 34. Any individual or group health maintenance contract shall provide coverage
113	113	86for gender-affirming hair removal procedures including, but not limited to, laser hair removal
114	114	87and electrolysis hair removal prescribed as medical treatment in accordance with accepted
115	115	88standards of care to affirm the gender identity, as defined in section 7 of chapter 4, of two-spirit,
116	116	89transgender, nonbinary, intersex, or other gender diverse individuals. Coverage shall be subject
117	117	90to a statement from a treating provider that the procedure is necessary for treatment related to an
118	118	91individual’s gender identity. The benefits in this section shall not be subject to any greater
119	119	92deductible, coinsurance, copayments or out-of-pocket limits than any other benefit provided by
120	120	93the insurer.
121	121	94 (b) A health insurance carrier may not exclude coverage for laser hair removal,
122	122	95electrolysis, or other hair removal procedures as cosmetic when these procedures are prescribed
123	123	96as medical treatment related to an individual’s gender identity.