State Prohibits Discrimination in Insurance Markets Based on Sexual Orientation and Gender Identity

On March 17, 2023, Director Fox issued Bulletin No. 2023-07-BT/CF/CU/INS, announcing that the state will prohibit health insurance plans from discriminating based on sex, sexual orientation and gender identity.

On March 16, 2023, Gov. Whitmer signed into law an amendment to the Elliott-Larsen Civil Rights Act that included sexual orientation and gender identity and expression as legally protected civil rights in the state. Pursuant to the amendment, the bulletin asserts that health insurance plans cannot deny access, limit benefits, impose additional cost-sharing, or engage in discriminatory marketing practices based on an individual's sex, which now explicitly includes gender identity and sexual orientation.

Employers with plans regulated by the state should be aware of this development.

Bulletin No. 2023-07-BT/CF/CU/INS »