Press Release

*DIFS Director Fox Joins Insurance Regulators Across the Nation Supporting Biden Administration Action Restoring Health Care Protections for Transgender Americans
*"21 insurance commissioners united in effort to reverse Trump Administration regulatory rollback"

*Media Contact:?**Laura Hall*, (517) 290-3779, [email protected]?
*Consumer Hotline:* 877-999-6442, Michigan.gov/DIFScomplaints [ [link removed] ]

*FOR IMMEDIATE RELEASE:*?October 7, 2022

(LANSING, MICH) Michigan Department of Insurance and Financial Services (DIFS) Director Anita Fox, along with 21 insurance regulators from across the nation, submitted a joint letter to U.S. Secretary of Health and Human Services Xavier Becerra supporting the Biden Administration?s proposed regulatory action addressing discriminatory treatment of transgender consumers. The letter affirms that, if adopted, the proposed rule ?would promote civil rights protections for millions of consumers, ensure a level playing field for regulated entities, and enhance state insurance markets.?

?Comprehensive, high quality health insurance is critical to the health of Michiganders, and we want to eliminate barriers to coverage and health care services for all, no matter their gender identity or sexuality,? said* DIFS Director Anita Fox*. ?All Michiganders should be able to access insurance benefits without fear of discrimination, and I am proud to stand with insurance regulators from across the country in supporting this proposed action to further that goal.?

The proposed changes seek to restore federal regulations implementing protections under Affordable Care Act (ACA) Section 1557, which prohibits discrimination in health insurance.? The proposed regulations clarify that sex discrimination includes discrimination based upon a person?s gender identity or transgender status, protecting transgender Americans from being denied medically necessary care. In June 2020, the Trump Administration adopted regulations that reversed these protections, threatening access to medically necessary care for many transgender individuals already vulnerable to discrimination in health care, housing, and employment.

The insurance commissioners signing this letter include California, Colorado, Delaware, the District of Columbia, Hawaii, Illinois, Kentucky, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin. Despite the Trump Administration?s reversal of long-standing protections, many states, including Michigan [ [link removed] ], continued to enforce state and federal laws prohibiting health discrimination and have issued directives and regulations ordering insurance carriers to halt harmful and discriminatory practices targeting people based on gender or sex.

?Transgender people should have equal access to the same health insurance and care as every other insured American. This includes health care related to gender affirmation, which for years has been recognized by every major U.S. medical society as effective and medically necessary for many individuals, as well as routine tests and treatment that are often denied to transgender individuals based on their gender identity (such as pap smears or prostate cancer screenings),? the letter states. ?Consumer protection is a core part of our mission and responsibility as regulators, and it includes ensuring that no person, transgender or not, is treated unfairly or is subject to discrimination.?

Advocates for health equity welcomed the multi-state action:

?Everyone in the United States should have fair, equitable access to healthcare,? said *Olivia Hunt, Policy Director at the National Center for Transgender Equality*. ?We applaud the insurance commissioners for taking a clear stand in support of transgender and nonbinary people not just in their states, but across the country. Restricting or denying someone?s healthcare on account of their gender identity or transgender status is immoral, unethical, and profoundly un-American. We proudly join the commissioners in asking the Biden-Harris administration to implement these regulations as quickly as possible, and to be bold in enforcing them.?

?Many states and state insurance commissioners have taken strong action to ensure that the consumers they represent can access the health care services they need,? said *Kellan Baker, Executive Director of the Whitman-Walker Institute*. ?All consumers deserve access to vital health care services, delivered by providers who treat them with dignity and respect. Particularly as efforts to restrict access to gender-affirming care intensify nationwide, it is essential for the federal government to adopt strong and unambiguous protections under Affordable Care Act Section 1557 that prohibit discrimination on the basis of gender identity, as well as sexual orientation, sex characteristics, and pregnancy status.?

The mission of the Michigan Department of Insurance and Financial Services is to ensure access to safe and secure insurance and financial services fundamental for the opportunity, security, and success of Michigan residents, while fostering economic growth and sustainability in both industries. In addition, the Department provides consumer protection, outreach, and financial literacy and education services to Michigan residents. For more information, visit Michigan.gov/DIFS [ [link removed] ]?or follow the Department on Facebook [ [link removed] ], Twitter [ [link removed] ], or LinkedIn [ [link removed] ].

To view the full letter, click here [ [link removed] ].

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