OSI News:
The U.S. Department of Health and Human Services issued revised regulations Friday rolling back historic health care protections for transgender persons linked to Affordable Care Act.
Section 1557 of the ACA enshrined essential nondiscrimination protections for people who are discriminated against on the basis of race, color, national origin, sex, age, or disability in health care programs that receive federal funds.
Rules issued under the Obama administration interpreted Section 1557 to prohibit health care practitioners and insurers from discriminating against transgender individuals. The revised rule also rolled back protections for limited English language speakers.
“We believe the regulations endanger civil rights protections for the LGBTQ community, women, and people who need language access services,” said New Mexico Superintendent of Insurance Russell Toal. “We are committed to guaranteeing these vital protections for New Mexicans.”
Exercising its authority under the New Mexico Human Rights Act and New Mexico Insurance Code, the Office of the Superintendent of Insurance (OSI) prohibits insurers regulated by the agency from discriminating against transgender individuals on the basis of their gender identity or health conditions. In addition, HB 436 passed by the Legislature in 2019 outlawed discrimination on the basis of gender or sexual orientation and other protected classes. OSI regulates fully-insured private insurance plans sold in the state of New Mexico.
In light of the Supreme Court’s decision to uphold the right of LGBTQ people be free from discrimination in the workplace, Superintendent Toal said, “I believe the Supreme Court decision this morning only reinforces the rights and dignity of LGBT people to live free from discrimination. OSI will do everything in its power to uphold the same principle when it comes to health care access and insurance.”
Discrimination in private health insurance plans can take many forms. If you have experienced any of the issues listed below, please contact OSI to ask a question or file a complaint at: 1.855.427.5674, ext. 5 or https://www.osi.state.nm.us/index.php/file-a-complaint/
Inquire about an applicant’s or beneficiary’s sexual orientation or gender identity in an application for coverage; Deny, cancel, limit, or refuse to issue a new plan because of a person’s sexual orientation or gender identity; Deny, exclude, or otherwise limit coverage for medically necessary services, in accordance with generally accepted professional standards of care, based on a person’s sexual orientation or gender identity, including gender confirmation care.