Vermont H. 55: An act relating to appointing public defenders for accused persons 25 years of age or less

Status: Read 1st time & referred to Committee on Judiciary (as of 2017-02-17)

State: Vermont · Session: 2017-2018 · Bill: H. 55

Sponsors: Maxine Grad, Barbara Rachelson, Charles "Chip" Conquest, Less…, Ruqaiyah "Kiah" Morris, Selene Colburn

Bill Text

BILL AS INTRODUCED H.55
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VT LEG #379409 v.1
H.55 1
Introduced by Representatives Headrick of Burlington, Burrows of West 2
Windsor, Casey of Montpelier, Cina of Burlington, Cole of 3
Hartford, Logan of Burlington, McCann of Montpelier, McGill 4
of Bridport, Priestley of Bradford, Surprenant of Barnard, 5
Tomlinson of Winooski, and Waszazak of Barre City 6
Referred to Committee on 7
Date: 8
Subject: Health; health insurance; gender-affirming care; fertility treatment 9
Statement of purpose of bill as introduced: This bill proposes to expand access 10
to health insurance coverage for gender-affirming health care services. It 11
would also require health insurance plans and Vermont Medicaid to provide 12
coverage for fertility-related services and direct the Agency of Human Services 13
to seek federal approval of an amendment to Vermont’s Medicaid state plan to 14
permit the Medicaid coverage. 15
An act relating to coverage for fertility treatment and gender-affirming 16
health care services 17

BILL AS INTRODUCED H.55
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VT LEG #379409 v.1
It is hereby enacted by the General Assembly of the State of Vermont: 1
Sec. 1. 8 V.S.A. § 4088m is amended to read: 2
§ 4088m. COVERAGE FOR GENDER-AFFIRMING HEALTH CARE 3
SERVICES 4
(a) Definitions. As used in this section: 5
(1) “Gender-affirming health care services” has the same meaning as in 6
1 V.S.A. § 150. 7
(2) “Health care provider” has the same meaning as in 18 V.S.A. 8
§ 9402. 9
(3) “Health insurance plan” means Medicaid and any other public health 10
care assistance program, any individual or group health insurance policy, any 11
hospital or medical service corporation or health maintenance organization 12
subscriber contract, or any other health benefit plan offered, issued, or renewed 13
for any person in this State by a health insurer as defined by 18 V.S.A. § 9402. 14
For purposes of this section, health insurance plan includes any health benefit 15
plan offered or administered by the State or any subdivision or instrumentality 16
of the State. The term does not include benefit plans providing coverage for a 17
specific disease or other limited benefit coverage, except that it includes any 18
accident and sickness health plan. 19
(b) Coverage. 20

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VT LEG #379409 v.1
(1)(A) A health insurance plan shall provide coverage for gender-1
affirming health care services that: 2
(A) are medically necessary and clinically appropriate for the 3
individual’s diagnosis or health condition; and, as determined by the covered 4
individual’s treatment health care provider. Medically necessary gender-5
affirming health care services shall include, if determined by the treating health 6
care provider to be clinically appropriate for a covered individual: 7
(i) facial masculinization and feminization procedures; and 8
(ii) facial hair removal, such as laser hair removal or electrolysis. 9
(B) are included in the State’s essential health benefits benchmark 10
plan A health insurance plan shall not impose barriers to accessing gender-11
affirming health care services, such as mandating a specific duration of 12
hormone therapy or requiring correspondence from more than one health care 13
provider before authorizing gender-affirming surgery or other gender-affirming 14
health care services. 15
(2) Coverage provided pursuant to this section by Medicaid or any other 16
public health care assistance program shall comply with all federal 17
requirements imposed by the Centers for Medicare and Medicaid Services. 18
(3) Nothing in this section shall prohibit a health insurance plan from 19
providing greater coverage for gender-affirming health care services than is 20
required under this section. 21

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VT LEG #379409 v.1
(c) Cost sharing. A health insurance plan shall not impose greater 1
coinsurance, co-payment, deductible, or other cost-sharing requirements for 2
coverage of gender-affirming health care services than apply to the diagnosis 3
and treatment of any other physical or mental condition under the plan. 4
(d) On or before January 15 of each year, the Department of Financial 5
Regulation shall report to the House Committee on Health Care and the Senate 6
Committees on Health and Welfare and on Finance on health insurance plans’ 7
compliance with this section, utilization of gender-affirming health care 8
services during the previous calendar year, and any identified barriers to access 9
to care. 10
Sec. 2. 8 V.S.A. § 4099f is added to read: 11
§ 4099f. FERTILITY-RELATED SERVICES 12
(a) Definitions. As used in this section: 13
(1) “Experimental fertility procedure” means a procedure for which the 14
published medical evidence is not sufficient for the American Society for 15
Reproductive Medicine, its successor organization, or a comparable 16
organization to regard the procedure as established medical practice. 17
(2) “Fertility diagnostic care” means procedures, 

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