*Note: New Mexico's Bulletin 2018-013 bans exclusions of transgender-related care. It also prohibits discrimination on the basis of gender identity.

Laws prohibiting discrimination based on sexual orientation and gender identity refer to statewide protections against discrimination in benefits coverage provided by insurance plans to LGBT plan enrollees. Prohibitions on transgender exclusions in health insurance benefits prohibit insurance discrimination against transgender people. These states bar health insurance issuers from denying or limiting coverage based on gender identity and require the removal of transgender exclusions from health plans. New Jersey's nondiscrimination protections only prohibit discrimination based on gender identity and do not mention sexual orientation. For more information, please contact the Center for American Progress.

Recommended citation:
Movement Advancement Project. "Equality Maps: Healthcare Laws and Policies." http://www.lgbtmap.org/equality-maps/healthcare_laws_and_policies (date of access). 

*Note: In both Iowa and Wisconsin, recent court cases have ruled that the states' exclusion of transgender health coverage violates existing law. In both cases, the judges have required that the state pay for the medical care of transgender plaintiffs, but these cases are still moving through the court and do not yet mean that the states' exclusions have been struck down.

Federal law prohibits discrimination in health care on the basis of gender identity. Under Section 1557 of the Affordable Care Act (ACA), health facilities, programs, and activities receiving federal funding may not deny insurance coverage or care on the basis of, among other things, sex and gender identity and expression. This means several things for transgender people. First, sex-specific care cannot be denied simply because someone identifies as another gender. For example, a transgender man could not be denied care for ovarian cancer if it is medically necessary. Second, “blanket bans” on all transition-related care are considered discriminatory, but that doesn’t mean that some transition-related care cannot be denied on a case-by-case basis. Finally, transition-related care that would be approved were it not related to transition cannot be denied.

Interpretation of federal law as it applies to state Medicaid coverage, as well as state Medicaid law itself, varies from state to state, as this map illustrates. For more information, please contact NCTE or CAP.

If you have experienced discrimination in health care, you can file a complaint with the Office for Civil Rights (OCR) at the U.S. Department of Health and Human Services within 180 days of when the discrimination occurred. OCR also investigates violations involving the improper disclosure or use of your private medical information.

Recommended citation:
Movement Advancement Project. "Equality Maps: Healthcare Laws and Policies." http://www.lgbtmap.org/equality-maps/healthcare_laws_and_policies (date of access). 

Recommended citation:
Movement Advancement Project. "Equality Maps: Healthcare Laws and Policies." http://www.lgbtmap.org/equality-maps/healthcare_laws_and_policies (date of access).