New York State today became the ninth state, in addition to the District of Columbia, to apply its existing laws to prohibit discriminatory transgender exclusions in many health insurance plans. New York joins California, Colorado, Connecticut, Illinois, Massachusetts, Oregon, Vermont, Washington State, and DC, as well as the federal Medicare program in taking action over the last two years to eliminate these arbitrary exclusions.
Today’s letter from the New York State Department of Financial Services, addressed to all insurers in the state, declares that, “An issuer of a policy that includes coverage for mental health conditions may not exclude coverage for the diagnosis and treatment of gender dysphoria.” Notably, New York relied on state and federal mental health parity laws to arrive at this conclusion, and becomes the second state (with Massachusetts) to reach this conclusion without an explicit gender identity nondiscrimination law applicable to insurance. Other states have interpreted nondiscrimination laws based on sex or gender identity, or general prohibitions on arbitrary or unfair insurance practices, ban trans exclusions.