SF 2209

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/12/2024 10:06am

A bill for an act
relating to health care; clarifying that health plans must cover gender-affirming
care; clarifying that medical assistance covers gender-affirming care; amending
Minnesota Statutes 2023 Supplement, section 256B.0625, subdivision 3a; proposing
coding for new law in Minnesota Statutes, chapter 62Q.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [62Q.585] GENDER-AFFIRMING CARE COVERAGE; MEDICALLY
NECESSARY CARE.
new text end

new text begin Subdivision 1. new text end

new text begin Requirement. new text end

new text begin No health plan that covers physical or mental health
services may be offered, sold, issued, or renewed in this state that:
new text end

new text begin (1) excludes coverage for medically necessary gender-affirming care; or
new text end

new text begin (2) requires gender-affirming treatments to satisfy a definition of "medically necessary
care," "medical necessity," or any similar term that is more restrictive than the definition
provided in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Minimum definition. new text end

new text begin "Medically necessary care" means health care services
appropriate in terms of type, frequency, level, setting, and duration to the enrollee's diagnosis
or condition and diagnostic testing and preventive services. Medically necessary care must
be consistent with generally accepted practice parameters as determined by health care
providers in the same or similar general specialty as typically manages the condition,
procedure, or treatment at issue and must:
new text end

new text begin (1) help restore or maintain the enrollee's health; or
new text end

new text begin (2) prevent deterioration of the enrollee's condition.
new text end

new text begin Subd. 3. new text end

new text begin Health plan; definition. new text end

new text begin For purposes of this section, "health plan" has the
meaning given in section 62Q.01, subdivision 3, but includes the coverages listed in section
62A.011, subdivision 3, clauses (7) and (10).
new text end

Sec. 2.

Minnesota Statutes 2023 Supplement, section 256B.0625, subdivision 3a, is
amended to read:

Subd. 3a.

Gender-affirming services.

Medical assistance covers gender-affirming new text begin health
care new text end services. new text begin "Gender-affirming health care services" means all medical, surgical, counseling,
or referral services, including telehealth services, that an individual may receive to support
and affirm that individual's gender identity or gender expression and that are legal under
the laws of the state of Minnesota.
new text end