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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature Second Regular Session |
Senate: HHS DP 5-2-0-0 |3rd Read 16-12-0-0
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SB 1511: insurance; gender surgeries; documentation; reports
Sponsor: Senator Shamp, LD 29
Overview
Forbids a health insurer that provides coverage for gender transition procedures to deny coverage for gender detransition procedures. Requires health care providers who perform gender transition procedures to provide gender detransition procedures and contains reporting requirements and session law provisions for updating official documents that indicate name, sex and gender.
History
Health care insurer is a disability insurer, group disability insurer, blanket disability insurer, health care services organization, hospital service corporation, medical service corporation or hospital, medical, dental and optometric service corporation that issues a health plan in Arizona (A.R.S. § 20-3501).
Gender transition is the process in which a person goes from identifying with and living as a gender that corresponds to the person's biological sex to identifying with and living as a gender different from the person's biological sex and may involve social, legal or physical changes (A.R.S. § 32-3230).
A physician is a Doctor of Medicine or an Osteopathic physician (A.R.S. § 32-3230).
Provisions
Health Insurers
1.
Prohibits any contract that is
issued, delivered or renewed by a health insurer that provides coverage for
gender transition procedures to deny coverage for gender detransition
procedures beginning on January 1, 2025. (Sec. 1)
2. Requires a physician, health care institution, other person or entity that is licensed or otherwise authorized to furnish health care services in Arizona and performs gender transition procedures to agree to provide or pay for the performance of gender detransition procedures. (Sec. 1)
3. Directs a health insurer that provides coverage for gender transition services to submit a report to the Department of Insurance and Financial Institutions (DIFI) within 15 days after the end of the calendar month during which a claim for a detransition procedure was filed. (Sec. 1)
Department of Insurance and Financial Institutions
4. Requires DIFI to develop a form for the report to include the following:
a) the number of insurance claims made for a gender detransition procedure;
b) the age and sex of the individual who received the gender detransition procedure;
c) the date that the individual initially began a prior gender transition procedure, if known; and
d) the state and county of residence of the individual who received the gender detransition procedure. (Sec. 1)
5. Prohibits the DIFI form to include the following:
a) the name of the individual;
b) any common identifiers of the individual, including a social security number or driver license number; and
c) any other information that is not required in the DIFI form that would cause the individual to be identified. (Sec. 1)
6. Requires DIFI to prepare an annual statistical report that compiles the information submitted in the DIFI form and do the following:
a) make the statistical report available in a downloadable format; and
b) submit the report to the Governor, the President of the Senate, the Speaker of the House of Representatives and the Secretary of State. (Sec. 1)
7. Permits the Attorney General to do the following:
a) investigate a potential violation;
b) seek production of documents or testimony through a civil investigative subpoena; and
c) bring an action to enforce compliance. (Sec. 1)
8. Defines health insurer. (Sec. 1)
Session Law Provisions
9. Requires any state agency that issues licenses, certificates, permits or other official documents that require a name or sex or gender designation to adopt an expedited procedure that allows an individual who is in the process of a gender detransition procedure to have the individual's license, certificate, permit or other official document changed to the individual's new name and sex or gender designation. (Sec. 2)
10. Requires a state agency, by December 31, 2025, to identify the licenses, certificates, permits or other official documents that an agency issues and identify the current process of changing a name or sex or gender designation on the license, certificate, permit or other official document and provide a report to the Department of Administration (ADOA). (Sec. 2)
11. Requires a state agency to identify an expedited process for individuals who are in the process of a gender detransition procedure to have that individual's license, certificate, permit or other official document changed to reflect the individual's new name or sex or gender designation and provide a report to ADOA by June 30, 2026. (Sec. 2)
12. Repeals the session law provisions on January 1, 2027. (Sec. 2)
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16. SB 1511
17. Initials AG/MT Page 0 Vetoed
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