Gender Identity Discrimination Prohibited

On June 10, 2021, Insurance Commissioner Hayashida issued Memorandum 2021-8H, reminding insurers that Hawaii’s insurance laws explicitly prohibit health plan discrimination based on actual or perceived gender identity. Specifically, plans issued in Hawaii may not deny, cancel or limit coverage for services related to gender transition if there is coverage for those same services when treatment is not related to gender transition.

This memorandum confirms that Hawaii law parallels ACA Section 1557. Any employer with a fully insured plan issued out of Hawaii should be aware of this prohibition.

Memorandum 2021-8H »