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Nevada Insurance Commissioner Issues Bulletin On Health Care Services For Transgender Individuals

Volume 14, Issue 16
July 31, 2015

In a recently released bulletin, Insurance Commissioner Scott Kipper reiterated the Nevada Division of Insurance's position concerning the illegality of denying, excluding, or limiting health care services on the basis of an individual's gender identity or expression.

NRS 651.070 prohibits discrimination on the ground of race, color, religion, national origin, disability, sexual orientation, sex, gender identity or expression in the enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation, including insurance offices, health care provider offices, and hospitals. Similarly, NAC 686A.140(7) prohibits reducing, modifying, or excluding insurance benefits relating to coverage involving the genital organs of only one sex when the restriction is not required for both sexes. Accordingly, Commissioner Kipper said that private insurance carriers in Nevada cannot exclude or limit coverage for medically necessary health care services to transgender individuals if such services are provided to other covered individuals. As a result, the Nevada Division of Insurance will not approve the sale of private insurance policies with language that denies, excludes, or limits benefits for medically necessary health care services on the basis of gender identity or expression.

Employer Report articles are for general information only; they are not intended and should not be construed to be legal advice. Reading or replying to such articles does not establish an attorney-client relationship. In addition, because the subject matters and applicable laws discussed in Employer Report articles are often in a state of change and not always applicable to every type of business entity or organization, readers should consult with counsel before making decisions based on the same.