What's happening
This bill prohibits health insurance policies in New York from denying coverage based on gender indicated on claim forms.
Why it matters
Ensures access to medically necessary care for transgender, nonbinary, and gender-nonconforming individuals. by preventing insurance denials based solely on the gender listed on claim forms, which often do not reflect a person’s current gender identity or medical needs.
Reduces administrative barriers and potential delays in care. for all patients whose gender marker on insurance paperwork may not match the typical gender associated with a particular medical service (e.g., cervical cancer screening for transgender men), helping avoid harmful gaps in treatment.
Establishes clear legal standards for insurance companies. , holding them accountable for discriminatory practices and providing individuals with greater legal recourse if they are denied coverage for gender-related reasons.
Promotes health equity and reinforces anti-discrimination principles. in New York’s healthcare system, signaling a commitment to inclusive and fair access to health services regardless of gender identity or history.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Protect Gender on Insurance Claims
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to insurance
- Referred to insurance
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
End Gender Bias in Insurance
In Assembly Committee · Insurance · Sponsor Carrie Woerner
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5330
2019-2020 Regular Sessions
IN SENATE
April 26, 2019
Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Insurance
AN ACT to amend the insurance law, in relation to gender indication on claim forms
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subsection (i) of section 3216 of the insurance law is amended by adding a new paragraph 35 to read as follows:
(35) Every policy delivered or issued for delivery in this state that provides coverage for hospital, surgical or medical care shall not exclude coverage for screening, diagnosis and treatment of medical conditions, or services otherwise covered by the policy solely on the basis of the gender indicated on a claim form, or that the gender indicated on a claim form is different from the insured's sex assigned at birth or gender otherwise recorded, or that the insured is not of the gender to whom a service is typically or exclusively provided.
§ 2. Subsection (l) of section 3221 of the insurance law is amended by adding a new paragraph 21 to read as follows:
(21) Every policy delivered or issued for delivery in this state that provides coverage for hospital, surgical or medical care shall not exclude coverage for screening, diagnosis and treatment of medical conditions, or services otherwise covered by the policy solely on the basis of the gender indicated on a claim form, or that the gender indicated on a claim form is different from the insured's sex assigned at birth or gender otherwise recorded, or that the insured is not of the gender to whom a service is typically or exclusively provided.
§ 3. Section 4303 of the insurance law is amended by adding a new subsection (ss) to read as follows:
(ss) Every contract issued by a corporation subject to the provisions of this article that provides coverage for hospital, surgical or medical care shall not exclude coverage for screening, diagnosis and treatment
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01260-02-9
S. 5330 2
of medical conditions, or services otherwise covered by the contract solely on the basis of the gender indicated on a claim form, or that the gender indicated on a claim form is different from the insured's sex assigned at birth or gender otherwise recorded, or that the insured is not of the gender to whom a service is typically or exclusively provided.
§ 4. This act shall take effect on the first of January next succeeding the date on which it shall have become a law and shall apply to policies and contracts issued, renewed, modified, altered or amended on and after such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the insurance law, in relation to gender indication on claim forms
Purpose
The purpose of this bill is to prohibit health insurance claim denials based on the gender of an insured person
Summary of provisions
Section 1 amends subdivision (i) of section 3216 of the insurance law to prohibit individual accident and health insurers from excluding coverage for screening, diagnosis and treatment of medical conditions, or services otherwise covered by the policy solely on the basis of the gender indicated on a claim form, or that the gender indicated on a claim form is different from the insured's sex assigned at birth or gender otherwise recorded, or that the insured is not of the gender to whom a service is typically or exclusively provided.
Section 2 amends subsection (1) of section 3221 of the insurance law to prohibit group insurers from excluding coverage for screening, diagnosis and treatment of medical conditions, or services otherwise covered by the policy solely on the basis of the gender indicated on a claim form, or that the gender indicated on a claim form is different from the insured's sex assigned at birth or gender otherwise recorded, or that the insured is not of the gender to whom a service is typically or exclusively provided.
Section 3 adds a new subsection (ss) to section 4303 of the insurance law to prohibit group insurers from excluding coverage for screening, diagnosis and treatment of medical conditions, or services otherwise covered by the policy solely on the basis of the gender indicated on a claim form, or that the gender indicated on a claim form is different from the insured's sex assigned at birth or gender otherwise recorded, or that the insured is not of the gender to whom a service is typically or exclusively provided.
Section 4 establishes the effective date.
Justification
It has come to light that health insurers have been denying claims of transgender individuals because the gender with which the individual identifies does not match the gender of someone to whom those services are typically provided. Additionally, claims of transgender individuals are being denied solely on the basis that the gender on a claim form does not match the gender on the insurance company's records. This results in individuals having to appeal these denials, many of which are subsequently overturned, before they can receive coverage.
This bill addresses these issues and ensures that transgender individ- uals receive health care coverage in a timely manner by prohibiting health insurers from denying coverage solely on the basis of the gender indicated on a claim form, or that the gender on a claim form does not match the insured's gender otherwise recorded, or that the gender with
which the individual identifies does not match the gender of someone to whom those services are typically provided.
Legislative history
New bill
FISCAL IMPLICATIONS:.
None.
Effective date
This act shall take effect on the first of January next succeeding the date on which it shall have become law and shall apply to policies and contracts issued, renewed, modified, altered or amended on and after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.