Executive Order Announces Protections for Gender Affirming Care

On March 8, 2023, Gov. Walz issued Executive Order 23-03. In this order, Gov. Walz notes that while gender affirming care is legal in Minnesota, other states are curtailing access or criminalizing access to that care. Accordingly, the order instructs various state agencies to take action to make sure that gender affirming care will continue to be provided in the state.

Among other things, the order instructs the Department of Commerce (COMM) to request affidavits from health plans under its jurisdiction that they have processes in place to affirm that their contracted healthcare providers are aware they may bill for medically necessary gender affirming healthcare services. COMM must also deny approval for any health plan that discriminates on the basis of sex, sexual orientation, gender identity or gender expression and investigate complaints of discrimination on those bases.

In addition, the order requires that:

• State agencies will coordinate to protect people or entities who are providing, assisting, seeking or obtaining gender affirming healthcare services.
• The Minnesota Department of Health (MDH), COMM, and the Minnesota Department of Human Rights (MDHR) will investigate and take administrative actions for unfair or deceptive practices related to the denial of gender affirming healthcare services.
• MDH will prepare a report summarizing the literature on the scientific evidence about the safety and effectiveness of gender affirming healthcare and its public health effects.
• The state will decline to help other states that try to penalize individuals and entities seeking gender affirming healthcare services.
• To the maximum extent possible, the state will refuse requests to extradite individuals accused of committing acts related to, securing of, or receipt of gender affirming healthcare services.
• MDH, COMM, MDHR, and the Minnesota Department of Human Services will issue a joint bulletin to health plan companies regarding the availability of health insurance coverage and the provision of health insurance benefits for medically necessary gender affirming healthcare services.

Employers with plans regulated by the state should be aware of these developments.

Executive Order 23-03»