Wisconsin Office of the Commissioner of Insurance
Press Release

Wisconsin Insurance Commissioner Says Health Insurance Discrimination on the Basis of Gender Identity is Illegal

 

Madison, Wis. – Insurance Commissioner Mark Afable today took steps to ensure individuals who are transgender receive equal protection under the law for health insurance purposes. The Wisconsin Office of the Commissioner of Insurance (OCI) issued a bulletin to health insurers explaining that discrimination against individuals who are transgender or those with a medical diagnosis of gender dysphoria is sex discrimination prohibited under federal and Wisconsin law.

“Every person deserves fair and equal access to health care,” said Commissioner Afable. “The law is clear. Discrimination based on sex, including for individuals who are transgender, is against the law. We are grateful to the U.S. Supreme Court for affirming these protections for the LGBTQIA community in last week’s ruling. Health insurers must fairly and equally offer health insurance coverage and benefits to all Wisconsinites.”

Over the last few years, OCI reviewed complaints regarding health insurance policy provisions that excluded coverage for individuals who are transgender for medical procedures that are otherwise covered. While OCI handled cases on an individual basis, Commissioner Afable took the measure of issuing today’s bulletin to ensure all Wisconsinites understand the protections afforded to them under the law.

This month, the U.S. Supreme Court ruled inBostock v. Clayton County, Georgia that the landmark 1964 Civil Rights Act, which prohibits sex discrimination, includes protections for gender identity.

Any individual who believes they may have faced discrimination on the basis of sex, gender identity, or a gender dysphoria diagnosis should contact the Office of the Commissioner of Insurance to file a complaint here or by calling 800-236-8517.

Read a copy of the bulletin here.

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