Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 253 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 253 | |
5 | - | (House Bill 283) | |
6 | 2 | ||
7 | - | AN ACT concerning | |
3 | + | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. | |
4 | + | [Brackets] indicate matter deleted from existing law. | |
5 | + | Underlining indicates amendments to bill. | |
6 | + | Strike out indicates matter stricken from the bill by amendment or deleted from the law by | |
7 | + | amendment. | |
8 | + | Italics indicate opposite chamber/conference committee amendments. | |
9 | + | *hb0283* | |
8 | 10 | ||
9 | - | Maryland Medical Assistance Program – Gender–Affirming Treatment | |
10 | - | (Trans Health Equity Act) | |
11 | + | HOUSE BILL 283 | |
12 | + | J1 (3lr1095) | |
13 | + | ENROLLED BILL | |
14 | + | — Health and Government Operations/Finance — | |
15 | + | Introduced by Delegates Kaiser, Cullison, Acevero, Allen, Amprey, Atterbeary, | |
16 | + | Bagnall, B. Barnes, Barve, Boyce, Cardin, Charkoudian, Clippinger, | |
17 | + | Ebersole, Edelson, Embry, Fair, Feldmark, Fennell, Foley, Forbes, | |
18 | + | Fraser–Hidalgo, Grossman, Guzzone, Hill, D. Jones, Kaufman, Kelly, Kerr, | |
19 | + | Lehman, R. Lewis, Lopez, Love, McCaskill, Mireku –North, Moon, | |
20 | + | Palakovich Carr, Pasteur, Qi, Queen, Reznik, Rosenberg, Ruth, Shetty, | |
21 | + | Simpson, Smith, Solomon, Stein, Stewart, Taveras, Terrasa, Valderrama, | |
22 | + | Vogel, Watson, Wells, Wilkins, and Ziegler Ziegler, Pena–Melnyk, White, and | |
23 | + | Martinez | |
11 | 24 | ||
12 | - | FOR the purpose of requiring, beginning on a certain date, the Maryland Medical | |
13 | - | Assistance Program to provide medically necessary gender–affirming treatment in a | |
14 | - | nondiscriminatory manner; requiring that the gender–affirming treatment be | |
15 | - | assessed according to nondiscriminatory criteria that are consistent with current | |
16 | - | clinical standards; prohibiting the Program from issuing an adverse benefit | |
17 | - | determination related to gender–affirming treatment unless a health care provider | |
18 | - | with experience prescribing or delivering gender–affirming treatment has reviewed | |
19 | - | and confirmed the appropriateness of the determination; and generally relating to | |
20 | - | gender–affirming treatment and the Maryland Medical Assistance Program. | |
25 | + | Read and Examined by Proofreaders: | |
21 | 26 | ||
22 | - | BY repealing and reenacting, without amendments, | |
23 | - | Article – Health – General | |
24 | - | Section 15–103(a)(1) | |
25 | - | Annotated Code of Maryland | |
26 | - | (2019 Replacement Volume and 2022 Supplement) | |
27 | + | _______________________________________________ | |
28 | + | Proofreader. | |
29 | + | _______________________________________________ | |
30 | + | Proofreader. | |
27 | 31 | ||
28 | - | BY repealing and reenacting, with amendments, | |
29 | - | Article – Health – General | |
30 | - | Section 15–103(a)(2)(xx) and (xxi) | |
31 | - | Annotated Code of Maryland | |
32 | - | (2019 Replacement Volume and 2022 Supplement) | |
32 | + | Sealed with the Great Seal and presented to the Governor, for his approval this | |
33 | 33 | ||
34 | - | BY adding to | |
35 | - | Article – Health – General | |
36 | - | Section 15–103(a)(2)(xxii) and 15–151 | |
37 | - | Annotated Code of Maryland | |
38 | - | (2019 Replacement Volume and 2022 Supplement) | |
34 | + | _______ day of _______________ at ________________________ o’clock, ________M. | |
39 | 35 | ||
40 | - | ||
41 | - | ||
36 | + | ______________________________________________ | |
37 | + | Speaker. | |
42 | 38 | ||
43 | - | ||
39 | + | CHAPTER ______ | |
44 | 40 | ||
45 | - | ||
41 | + | AN ACT concerning 1 | |
46 | 42 | ||
47 | - | (a) (1) The Secretary shall administer the Maryland Medical Assistance | |
48 | - | Program. | |
49 | - | Ch. 253 2023 LAWS OF MARYLAND | |
43 | + | Maryland Medical Assistance Program – Gender–Affirming Treatment 2 | |
44 | + | (Trans Health Equity Act) 3 | |
50 | 45 | ||
51 | - | – 2 – | |
52 | - | (2) The Program: | |
46 | + | FOR the purpose of requiring, beginning on a certain date, the Maryland Medical 4 | |
47 | + | Assistance Program to provide medically necessary gender–affirming treatment in a 5 | |
48 | + | nondiscriminatory manner; requiring that the gender–affirming treatment be 6 | |
49 | + | assessed according to nondiscriminatory criteria that are consistent with current 7 2 HOUSE BILL 283 | |
53 | 50 | ||
54 | - | (xx) Beginning on July 1, 2023, shall provide, subject to federal | |
55 | - | approval and limitations of the State budget, community violence prevention services in | |
56 | - | accordance with 15–141.3 of this subtitle; [and] | |
57 | 51 | ||
58 | - | (xxi) Beginning on January 1, 2023, shall provide, subject to the | |
59 | - | limitations of the State budget, and as permitted by federal law, coverage for self–measured | |
60 | - | blood pressure monitoring for all Program recipients diagnosed with uncontrolled high | |
61 | - | blood pressure, including: | |
52 | + | clinical standards; prohibiting the Program from issuing an adverse benefit 1 | |
53 | + | determination related to gender–affirming treatment unless a health care provider 2 | |
54 | + | with experience prescribing or delivering gender–affirming treatment has reviewed 3 | |
55 | + | and confirmed the appropriateness of the determination; and generally relating to 4 | |
56 | + | gender–affirming treatment and the Maryland Medical Assistance Program. 5 | |
62 | 57 | ||
63 | - | 1. The provision of validated home blood pressure monitors; | |
64 | - | and | |
58 | + | BY repealing and reenacting, without amendments, 6 | |
59 | + | Article – Health – General 7 | |
60 | + | Section 15–103(a)(1) 8 | |
61 | + | Annotated Code of Maryland 9 | |
62 | + | (2019 Replacement Volume and 2022 Supplement) 10 | |
65 | 63 | ||
66 | - | ||
67 | - | ||
68 | - | ||
69 | - | ||
70 | - | ||
64 | + | BY repealing and reenacting, with amendments, 11 | |
65 | + | Article – Health – General 12 | |
66 | + | Section 15–103(a)(2)(xx) and (xxi) 13 | |
67 | + | Annotated Code of Maryland 14 | |
68 | + | (2019 Replacement Volume and 2022 Supplement) 15 | |
71 | 69 | ||
72 | - | (XXII) BEGINNING ON JANUARY 1, 2024, SHALL PROVIDE | |
73 | - | GENDER–AFFIRMING TREATMENT IN ACCORDANCE WITH § 15–151 OF THIS | |
74 | - | SUBTITLE. | |
70 | + | BY adding to 16 | |
71 | + | Article – Health – General 17 | |
72 | + | Section 15–103(a)(2)(xxii) and 15–151 18 | |
73 | + | Annotated Code of Maryland 19 | |
74 | + | (2019 Replacement Volume and 2022 Supplement) 20 | |
75 | 75 | ||
76 | - | 15–151. | |
76 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 21 | |
77 | + | That the Laws of Maryland read as follows: 22 | |
77 | 78 | ||
78 | - | (A) (1) IN THIS SECTION THE FOL LOWING WORDS HAVE TH E MEANINGS | |
79 | - | INDICATED. | |
79 | + | Article – Health – General 23 | |
80 | 80 | ||
81 | - | (2) (I) “GENDER–AFFIRMING TREATMENT ” MEANS ANY | |
82 | - | MEDICALLY NECESSARY TREATMENT CONSISTENT WITH CURRENT CLINICA L | |
83 | - | STANDARDS OF CARE PR ESCRIBED BY A LICENS ED HEALTH CARE PROVI DER FOR | |
84 | - | THE TREATMENT OF A CONDITION RELAT ED TO THE INDIVIDUAL ’S GENDER | |
85 | - | IDENTITY. | |
81 | + | 15–103. 24 | |
86 | 82 | ||
87 | - | (II) “GENDER–AFFIRMING TREATMENT ” INCLUDES: | |
83 | + | (a) (1) The Secretary shall administer the Maryland Medical Assistance 25 | |
84 | + | Program. 26 | |
88 | 85 | ||
89 | - | 1. HORMONE THERAPY , HORMONE BLOCKERS , AND | |
90 | - | PUBERTY BLOCKERS ; | |
86 | + | (2) The Program: 27 | |
91 | 87 | ||
92 | - | | |
93 | - | ||
94 | - | ||
88 | + | (xx) Beginning on July 1, 2023, shall provide, subject to federal 28 | |
89 | + | approval and limitations of the State budget, community violence prevention services in 29 | |
90 | + | accordance with 15–141.3 of this subtitle; [and] 30 | |
95 | 91 | ||
96 | - | – 3 – | |
97 | - | 3. ALTERATIONS TO VOICE , VOICE THERAPY , AND VOICE | |
98 | - | LESSONS; | |
92 | + | (xxi) Beginning on January 1, 2023, shall provide, subject to the 31 | |
93 | + | limitations of the State budget, and as permitted by federal law, coverage for self–measured 32 | |
94 | + | blood pressure monitoring for all Program recipients diagnosed with uncontrolled high 33 | |
95 | + | blood pressure, including: 34 | |
99 | 96 | ||
100 | - | | |
101 | - | ||
97 | + | 1. The provision of validated home blood pressure monitors; 35 | |
98 | + | and 36 HOUSE BILL 283 3 | |
102 | 99 | ||
103 | - | 5. ALTERATIONS TO THE FACE AND NECK ; | |
104 | 100 | ||
105 | - | 6. ALTERATIONS TO THE GENITALS AND GONADS; | |
106 | 101 | ||
107 | - | 7. LASER TREATMENT FOR S CARS FROM | |
108 | - | GENDER–AFFIRMING TREATMENT ; | |
102 | + | 2. Reimbursement of health care provider and other staff 1 | |
103 | + | time used for patient training, transmission of blood pressure data, interpretation of blood 2 | |
104 | + | pressure readings and reporting, and the delivery of co –interventions, including 3 | |
105 | + | educational materials or classes, behavioral change management, and medication 4 | |
106 | + | management; AND 5 | |
109 | 107 | ||
110 | - | 8. STANDARD FERTILITY PR ESERVATION PROCEDURE S, | |
111 | - | AS SET FORTH IN § 15–810.1 OF THE INSURANCE ARTICLE; | |
108 | + | (XXII) BEGINNING ON JANUARY 1, 2024, SHALL PROVIDE 6 | |
109 | + | GENDER–AFFIRMING TREATMENT IN ACCORDANCE WITH § 15–151 OF THIS 7 | |
110 | + | SUBTITLE. 8 | |
112 | 111 | ||
113 | - | 9. REVISIONS TO PREVIOUS TREATMENTS AND | |
114 | - | REVERSAL OF TREATMEN TS; | |
112 | + | 15–151. 9 | |
115 | 113 | ||
116 | - | 10 | |
117 | - | ||
114 | + | (A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 10 | |
115 | + | INDICATED. 11 | |
118 | 116 | ||
119 | - | | |
120 | - | ||
121 | - | ||
122 | - | ||
123 | - | ||
117 | + | (2) (I) “GENDER–AFFIRMING TREATMENT ” MEANS ANY 12 | |
118 | + | MEDICALLY NECESSARY TREATMENT CONSISTENT WITH CURRENT CLINICA L 13 | |
119 | + | STANDARDS OF CARE PR ESCRIBED BY A LICENS ED HEALTH CARE PROVI DER FOR 14 | |
120 | + | THE TREATMENT OF A C ONDITION RELATED TO THE INDIVIDU AL’S GENDER 15 | |
121 | + | IDENTITY. 16 | |
124 | 122 | ||
125 | - | (III) “GENDER–AFFIRMING TREATMENT ” MAY INCLUDE | |
126 | - | TREATMENT DESCRIBED IN THE CURRENT CLINI CAL STANDARDS OF CAR E FOR | |
127 | - | GENDER–AFFIRMING TREATMENT PUBLISHED BY THE WORLD PROFESSIONAL | |
128 | - | ASSOCIATION FOR TRANSGENDER HEALTH. | |
123 | + | (II) “GENDER–AFFIRMING TREATMENT ” INCLUDES: 17 | |
129 | 124 | ||
130 | - | | |
131 | - | ||
125 | + | 1. HORMONE THERAPY , HORMONE BLOCKERS , AND 18 | |
126 | + | PUBERTY BLOCKERS ; 19 | |
132 | 127 | ||
133 | - | (B) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE PROGRAM | |
134 | - | PROVIDE GENDER –AFFIRMING TREATMENT TO ALL PROGRAM RECIPIENTS FO R | |
135 | - | WHOM GENDER –AFFIRMING TREATMENT IS M EDICALLY NECESSARY , INCLUDING | |
136 | - | TRANSGENDER , NONBINARY, INTERSEX, TWO–SPIRIT, AND OTHER GENDER DIV ERSE | |
137 | - | INDIVIDUALS. | |
128 | + | 2. HAIR ALTERATION FOR T HE PURPOSES OF ALTER ING 20 | |
129 | + | SECONDARY SEX CHARAC TERISTICS AND SURGIC AL SITE PREPARATION ; 21 | |
138 | 130 | ||
139 | - | | |
140 | - | ||
131 | + | 3. ALTERATIONS TO VOICE , VOICE THERAPY , AND VOICE 22 | |
132 | + | LESSONS; 23 | |
141 | 133 | ||
142 | - | – 4 – | |
134 | + | 4. ALTERATIONS TO ABDOME N, CHEST, TRUNK, AND 24 | |
135 | + | BUTTOCKS; 25 | |
143 | 136 | ||
144 | - | (2) THE GENDER –AFFIRMING TREATMENT SHALL BE ASSESSED | |
145 | - | ACCORDING TO NONDISC RIMINATORY CRITERIA THAT ARE CONSISTENT WITH | |
146 | - | CURRENT CLINICAL STA NDARDS OF CARE . | |
137 | + | 5. ALTERATIONS TO THE FACE AND NECK ; 26 | |
147 | 138 | ||
148 | - | (3) THE PROGRAM MAY NOT DENY OR LIMIT COVERAGE FO R | |
149 | - | GENDER–AFFIRMING TREATMENT WHEN THAT TR EATMENT IS: | |
139 | + | 6. ALTERATIONS TO THE GENITALS AND GONADS; 27 | |
150 | 140 | ||
151 | - | (I) PRESCRIBED TO A PROGRAM RECIPIENT BEC AUSE OF, | |
152 | - | RELATED TO, OR CONSISTENT WITH T HE RECIPIENT’S GENDER IDENTITY ; | |
141 | + | 7. LASER TREATMENT FOR S CARS FROM 28 | |
142 | + | GENDER–AFFIRMING TREATMENT ; 29 | |
143 | + | 4 HOUSE BILL 283 | |
153 | 144 | ||
154 | - | (II) MEDICALLY NECESSARY ; AND | |
155 | 145 | ||
156 | - | | |
157 | - | ||
146 | + | 8. STANDARD FERTILITY PR ESERVATION PROCEDURE S, 1 | |
147 | + | AS SET FORTH IN § 15–810.1 OF THE INSURANCE ARTICLE; 2 | |
158 | 148 | ||
159 | - | (4) THE PROGRAM MAY NOT DENY OR LIMIT COVERAGE FO R | |
160 | - | GENDER–AFFIRMING TREATMENT BASED ON THE PROGRAM RECIPIENT ’S GENDER | |
161 | - | IDENTITY. | |
149 | + | 9. REVISIONS TO PREVIOUS TREATMENTS AND 3 | |
150 | + | REVERSAL OF TREATMEN TS; 4 | |
162 | 151 | ||
163 | - | (5) THE PROGRAM MAY NOT EXCLU DE GENDER –AFFIRMING | |
164 | - | TREATMENT , INCLUDING REVISIONS TO PRIOR GENDER –AFFIRMING TREATMENT , | |
165 | - | ON THE BASIS TH AT THE TREATMENT IS A COSMETIC SERVICE . | |
152 | + | 10. COMBINATIONS OF GENDE R–AFFIRMING 5 | |
153 | + | PROCEDURES ; AND 6 | |
166 | 154 | ||
167 | - | (6) THE PROGRAM MAY NOT ESTAB LISH A CATEGORICAL E XCLUSION | |
168 | - | FOR A PARTICULAR GEN DER–AFFIRMING TREATMENT . | |
155 | + | 11. OTHER TREATMENTS AS P RESCRIBED TO SUPPRES S 7 | |
156 | + | THE DEVELOPMENT OF E NDOGENOUS SECONDARY SEX CHARACTERISTICS , ALIGN 8 | |
157 | + | THE INDIVIDUAL ’S APPEARANCE OR PHYS ICAL BODY WITH GENDE R IDENTITY, AND 9 | |
158 | + | ALLEVIATE SYMPTOMS O F CLINICALLY SIGNIFI CANT DISTRESS RESULT ING FROM 10 | |
159 | + | GENDER DYSPHORIA . 11 | |
169 | 160 | ||
170 | - | (7) THE PROGRAM MAY NOT ISSUE AN ADVERSE BENEFIT | |
171 | - | DETERMINATION DENYIN G OR LIMITING ACCESS TO GENDER–AFFIRMING | |
172 | - | TREATMENT UNLESS A H EALTH CARE PROVIDER WITH EXPERIENCE PRES CRIBING | |
173 | - | OR DELIVERING GENDER –AFFIRMING TREATMENT HAS REVIEWED AND CON FIRMED | |
174 | - | THE APPROPRIATENESS OF THE ADVERSE BENEF IT DETERMINATION . | |
161 | + | (III) “GENDER–AFFIRMING TREATMENT ” MAY INCLUDE 12 | |
162 | + | TREATMENT DESCRIBED IN THE CURRENT CLINI CAL STANDARDS OF CAR E FOR 13 | |
163 | + | GENDER–AFFIRMING TREATMENT PUBLISHED BY THE WORLD PROFESSIONAL 14 | |
164 | + | ASSOCIATION FOR TRANSGENDER HEALTH. 15 | |
175 | 165 | ||
176 | - | (D) (1) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING IN 2024, | |
177 | - | EACH MANAGED CARE OR GANIZATION SHALL SUB MIT TO THE DEPARTMENT A | |
178 | - | REPORT THAT INCLUDES , FOR EACH HEALTH CARE PROVIDER OFFERING | |
179 | - | GENDER–AFFIRMING TREATMENT WITH WHICH THE MANAG ED CARE ORGANIZATION | |
180 | - | HAS AN ACTIVE CONTRA CT AND WHO THAT CONSENTS TO THE INCLUSION : | |
166 | + | (3) “GENDER IDENTI TY” HAS THE MEANING STAT ED IN § 20–101 OF 16 | |
167 | + | THE STATE GOVERNMENT ARTICLE. 17 | |
181 | 168 | ||
182 | - | (I) THE NAME AND LOCATION OF EACH THE HEALTH CARE | |
183 | - | PROVIDER OFFERING GENDER –AFFIRMING TREATMENT WITH WHICH THE MANAG ED | |
184 | - | CARE ORGANIZATION HA S AN ACTIVE CONTRACT ; AND | |
185 | - | WES MOORE, Governor Ch. 253 | |
169 | + | (B) IT IS THE INTENT OF T HE GENERAL ASSEMBLY THAT THE PROGRAM 18 | |
170 | + | PROVIDE GENDER –AFFIRMING TREATMENT TO ALL PROGRAM RECIPIENTS FO R 19 | |
171 | + | WHOM GENDER –AFFIRMING TREATMENT IS MEDICALLY NECESSA RY, INCLUDING 20 | |
172 | + | TRANSGENDER , NONBINARY, INTERSEX, TWO–SPIRIT, AND OTHER GENDER DIV ERSE 21 | |
173 | + | INDIVIDUALS. 22 | |
186 | 174 | ||
187 | - | – 5 – | |
188 | - | (II) THE TYPES OF GENDER –AFFIRMING TREATMENT PROVIDED | |
189 | - | BY EACH THE HEALTH CARE PROVIDER ; AND | |
175 | + | (C) (1) THE PROGRAM SHALL PROVIDE COVERAGE FOR MEDICAL LY 23 | |
176 | + | NECESSARY GENDER –AFFIRMING TREATMENT IN A NONDISCRIMINATO RY MANNER. 24 | |
190 | 177 | ||
191 | - | ( | |
192 | - | ||
193 | - | ||
178 | + | (2) THE GENDER –AFFIRMING TREAT MENT SHALL BE ASSESS ED 25 | |
179 | + | ACCORDING TO NONDISC RIMINATORY CRITERIA THAT ARE CONSISTENT WITH 26 | |
180 | + | CURRENT CLINICAL STA NDARDS OF CARE . 27 | |
194 | 181 | ||
195 | - | (2) (I) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN | |
196 | - | 2025, THE DEPARTMENT SHALL COMP ILE AN ANNUAL REPORT ON GEOGRAPHIC | |
197 | - | ACCESS TO GENDER –AFFIRMING TREATMENT ACROSS THE STATE. | |
182 | + | (3) THE PROGRAM MAY NOT DENY OR LIMIT COVERAGE FO R 28 | |
183 | + | GENDER–AFFIRMING TREATMENT WHEN THAT TREATMENT IS: 29 | |
198 | 184 | ||
199 | - | (II) THE REPORT SHALL INCL UDE, FOR EACH HEALTH CARE | |
200 | - | PROVIDER OFFERING GE NDER–AFFIRMING TREATMENT TO PROGRAM RECIPIENTS | |
201 | - | AND WHOSE C ONSENT TO THE INCLUS ION IS INDICATED IN A REPORT SUBMITTED | |
202 | - | UNDER PARAGRAPH (1) OF THIS SUBSECTION : | |
185 | + | (I) PRESCRIBED TO A PROGRAM RECIPIENT BECAU SE OF, 30 | |
186 | + | RELATED TO, OR CONSISTENT WITH T HE RECIPIENT’S GENDER IDENTITY ; 31 | |
203 | 187 | ||
204 | - | 1. THE NAME AND LOCATION OF EACH THE HEALTH | |
205 | - | CARE PROVIDER OFFERING GENDER –AFFIRMING TREATMENT TO PROGRAM | |
206 | - | RECIPIENTS; | |
188 | + | (II) MEDICALLY NECESSARY ; AND 32 | |
189 | + | HOUSE BILL 283 5 | |
207 | 190 | ||
208 | - | 2. THE MANAGED CARE ORGA NIZATIONS THAT HAVE | |
209 | - | ACTIVE CONTRACTS WIT H EACH THE HEALTH CARE PROVIDER ; AND | |
210 | 191 | ||
211 | - | | |
212 | - | ||
192 | + | (III) PRESCRIBED IN ACCORDA NCE WITH CURRENT CLI NICAL 1 | |
193 | + | STANDARDS OF CARE . 2 | |
213 | 194 | ||
214 | - | (III) THE DEPARTMENT SHALL PUBL ISH THE REPORT IN A | |
215 | - | CONSPICUOU S MANNER ON THE DEPARTMENT ’S WEBSITE. | |
195 | + | (4) THE PROGRAM MAY NOT DENY OR LIMIT COVERAGE FO R 3 | |
196 | + | GENDER–AFFIRMING TREATMENT BASED ON THE PROGRAM RECIPIENT ’S GENDER 4 | |
197 | + | IDENTITY. 5 | |
216 | 198 | ||
217 | - | (3) THE DEPARTMENT AND EACH M ANAGED CARE ORGANIZA TION | |
218 | - | SHALL INCLUDE THE NA ME, LOCATION, AND TYPES OF SERVICE S FOR EACH | |
219 | - | PROVIDER OFFERING GE NDER–AFFIRMING TREATMENT IN THEIR PROVIDER | |
220 | - | DIRECTORIES. | |
199 | + | (5) THE PROGRAM MAY NOT EXCLU DE GENDER –AFFIRMING 6 | |
200 | + | TREATMENT , INCLUDING REVISIONS TO PRIOR GENDER –AFFIRMING TREATMENT , 7 | |
201 | + | ON THE BASIS THAT TH E TREATMENT IS A COS METIC SERVICE. 8 | |
221 | 202 | ||
222 | - | | |
223 | - | ||
203 | + | (6) THE PROGRAM MAY NOT ESTAB LISH A CATEGORICAL E XCLUSION 9 | |
204 | + | FOR A PARTICULAR GEN DER–AFFIRMING TREATMENT . 10 | |
224 | 205 | ||
225 | - | Approved by the Governor, May 3, 2023. | |
206 | + | (7) THE PROGRAM MAY NOT ISSUE AN ADVERSE BENEFIT 11 | |
207 | + | DETERMINATION DENYIN G OR LIMITING ACCESS TO GENDER –AFFIRMING 12 | |
208 | + | TREATMENT UNLESS A H EALTH CARE PROVIDE R WITH EXPERIENCE PR ESCRIBING 13 | |
209 | + | OR DELIVERING GENDER –AFFIRMING TREATMENT HAS REVIEWED AND CON FIRMED 14 | |
210 | + | THE APPROPRIATENESS OF THE ADVERSE BENEF IT DETERMINATION . 15 | |
211 | + | ||
212 | + | (D) (1) ON OR BEFORE DECEMBER 1 EACH YEAR, BEGINNING IN 2024, 16 | |
213 | + | EACH MANAGED CARE OR GANIZATION SHALL SUBMIT TO THE DEPARTMENT A 17 | |
214 | + | REPORT THAT INCLUDES , FOR EACH HEALTH CARE PROVIDER OFFERING 18 | |
215 | + | GENDER–AFFIRMING TREATMENT WITH WHICH THE MANAG ED CARE ORGANIZATION 19 | |
216 | + | HAS AN ACTIVE CONTRA CT AND WHO THAT CONSENTS TO THE INCL USION: 20 | |
217 | + | ||
218 | + | (I) THE NAME AND LOCATION OF EACH THE HEALTH CARE 21 | |
219 | + | PROVIDER OFFERING GENDER –AFFIRMING TREATMENT WITH WHICH THE MANAG ED 22 | |
220 | + | CARE ORGANIZATION HA S AN ACTIVE CONTRACT ; AND 23 | |
221 | + | ||
222 | + | (II) THE TYPES OF GENDER –AFFIRMING TREATMENT PROVIDED 24 | |
223 | + | BY EACH THE HEALTH CARE PROVIDER ; AND 25 | |
224 | + | ||
225 | + | (III) WHETHER THE HEA LTH CARE PROVIDER CO NSENTS TO 26 | |
226 | + | BEING PUBLICLY LISTE D AS PART OF THE DEPARTMENT ’S ANNUAL REPORT 27 | |
227 | + | REQUIRED UNDER PARAG RAPH (2) OF THIS SUBSECTION . 28 | |
228 | + | ||
229 | + | (2) (I) ON OR BEFORE JANUARY 1 EACH YEAR, BEGINNING IN 29 | |
230 | + | 2025, THE DEPARTMENT SHALL COMP ILE AN ANNUAL REPORT ON GEOGRAPHIC 30 | |
231 | + | ACCESS TO GENDER –AFFIRMING TREATMENT ACROSS THE STATE. 31 | |
232 | + | ||
233 | + | (II) THE REPORT SHALL INCL UDE, FOR EACH HEALTH CARE 32 | |
234 | + | PROVIDER OFFERING GE NDER–AFFIRMING TREATMENT TO PROGRAM RECIPIENTS 33 6 HOUSE BILL 283 | |
235 | + | ||
236 | + | ||
237 | + | AND WHOSE CONSENT TO THE INCLUSION IS IND ICATED IN A REPORT S UBMITTED 1 | |
238 | + | UNDER PARAGRAPH (1) OF THIS SUBSECTION : 2 | |
239 | + | ||
240 | + | 1. THE NAME AND LOCATION OF EACH THE HEALTH 3 | |
241 | + | CARE PROVIDER OFFERING GENDER –AFFIRMING TREATMENT TO PROGRAM 4 | |
242 | + | RECIPIENTS; 5 | |
243 | + | ||
244 | + | 2. THE MANAGED CARE ORGA NIZATIONS THAT HAVE 6 | |
245 | + | ACTIVE CONTRACTS WIT H EACH THE HEALTH CARE PROVIDER ; AND 7 | |
246 | + | ||
247 | + | 3. THE TYPES OF GENDER –AFFIRMING TREATMENT 8 | |
248 | + | PROVIDED BY EACH THE HEALTH CARE PROVIDER . 9 | |
249 | + | ||
250 | + | (III) THE DEPARTMENT SHALL PUBL ISH THE REPORT IN A 10 | |
251 | + | CONSPICUOUS MANNER O N THE DEPARTMENT ’S WEBSITE. 11 | |
252 | + | ||
253 | + | (3) THE DEPARTMENT AND EACH M ANAGED CARE ORGANIZA TION 12 | |
254 | + | SHALL INCLUDE THE NA ME, LOCATION, AND TYPES OF SERVICE S FOR EACH 13 | |
255 | + | PROVIDER OFFERING GE NDER–AFFIRMING TREATMENT IN THEIR PROVIDER 14 | |
256 | + | DIRECTORIES. 15 | |
257 | + | ||
258 | + | SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 16 | |
259 | + | October 1, 2023. 17 | |
260 | + | ||
261 | + | ||
262 | + | ||
263 | + | ||
264 | + | ||
265 | + | ||
266 | + | Approved: | |
267 | + | ________________________________________________________________________________ | |
268 | + | Governor. | |
269 | + | ________________________________________________________________________________ | |
270 | + | Speaker of the House of Delegates. | |
271 | + | ________________________________________________________________________________ | |
272 | + | President of the Senate. |