On December 30, 2021, the Minnesota Department of Health (MDH) and the Minnesota Department of Commerce (Commerce) (jointly, the “departments”) issued Administrative Bulletin 2021-3. The bulletin states that the departments prohibit entities that deliver or issue individual or group health policies in the state from discriminating against individuals because of their gender identity or expression. These entities cannot discriminate in the provision of health insurance benefits or in the availability of health insurance coverage.
The departments also announced that they would disapprove forms filed by insurers if there are exclusions on coverage for medically necessary treatment for gender dysphoria and related health conditions, including gender confirmation surgery — including medically necessary procedures to conform secondary sex characteristics to a person’s gender identity or expression. In addition, the departments request that carriers provide attestations that they do not cover conversion therapy.
These prohibitions apply to all insurance companies, fraternal benefit societies, hospital service corporations, non-ERISA employer group plans, managed care organizations, medical service corporations and healthcare centers that deliver or issue individual and group health insurance policies in Minnesota. Accordingly, employers with plans regulated by the state should be aware of this bulletin.
Administrative Bulletin 2021-3 »
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