Delaware became the 15th state to ban insurance companies from excluding or limiting health care coverage for transgender individuals.
Insurance Commissioner Karen Weldin Steward posted a bulletin that clarifies the implementation of the Gender Identity Nondiscrimination Act of 2013. The document affirms that it is an "unlawful practice for any insurance company licensed to do business in Delaware to discriminate in any way based on an individual's gender identity."
The Gender Identity Nondiscrimination Act defines gender identity as "a gender-related identity, appearance, expression or behavior of a person, regardless of the person's assigned sex at birth."
Its expressly prohibits insurers from restricting, denying, or cancelling plans based on a person's gender identity or transgender status. Insurers also may not impose different premiums or rates based on gender identity.
"Transgender people deserve access to medically necessary health care just like everyone else," said Sarah McBride, a transgender woman on the board of Equality Delaware. As a representative of the LGBT advocacy organization, she testified in Legislative Hall when the anti-discrimination bill was introduced.
The bulletin states that any care will not be denied for a transgender person if the services are medically necessary and similar services would be covered for a non-transgender person.
The state policy is effective immediately and will remain in place "unless withdrawn or superseded by subsequent law, regulation, or bulletin."
"However, even in states with those laws in place, equal access to health care is not guaranteed for transgender people," said Lisa Goodman, president of Equality Delaware. Approximately 2,800 transgender men and women live in Delaware.
This policy does not impact state Medicare or Medicaid plans. It does apply to all Obamacare plans offered on Delaware's online health insurance marketplace.
Delaware's changes follow a current nationwide trend. More than a third of Fortune 500 companies now offer transgender-inclusive health benefits according to the Human Rights Coalition. Last year 418 employers were voluntarily covering transgender treatment, up from none in 2002.
