Hawaii Revised Statutes Title 24 Insurance, Section 432D Health Maintenance Organization Act on coverage discrimination
Title 24 Insurance, § 432D-26.3 of the Health Maintenance Organization Act prohibits HMOs from discriminating against individuals on the basis of actual or perceived gender identity. This section bars refusals of coverage, extra premiums, or treating gender identity as a pre-existing condition. This section also mandates that covered gender-affirming treatment be subject to the same cost-sharing terms (copayments, deductibles, coinsurance) as substantially all other medical services. Section 432D-27 ensures that HMOs cannot deny applications, cancel or restrict policies, or impose different rates simply because an applicant or enrollee is, has been, or may become a victim of domestic abuse, while still allowing insurers to act on legitimate loss history or medical condition. These sections ensure that survivors of domestic violence and gender non-conforming individuals receive fair, equal and confidential access to health insurance and affirming care that is free from discrimination and undue cost burdens.
Topics
Geographical location
Keywords
- access to healthcare
- gender affirming care
- health insurance
- insurance protections
- transgender rights
- duty to treat
- state responsibility
Year
- 2022
External URL
Type
Jurisdiction