(a) As used in this section:(1) “Department” means the department of health;(2) “Detransition procedure”, “gender”, “gender clinic”, “gender transition procedure”, “health professional”, “minor”, “perceived gender”, “perceived sex”, and “sex” have the same meanings as defined in § 68-1-2501; and(3) “Marketplace exchange” means the federal health insurance marketplace or federal health benefit exchange.
(1) “Department” means the department of health;
(2) “Detransition procedure”, “gender”, “gender clinic”, “gender transition procedure”, “health professional”, “minor”, “perceived gender”, “perceived sex”, and “sex” have the same meanings as defined in § 68-1-2501; and
(3) “Marketplace exchange” means the federal health insurance marketplace or federal health benefit exchange.
(b) (1) If an insurance policy that is offered outside of the marketplace exchange and that is issued, renewed, or amended in this state on or after May 7, 2026, includes coverage for gender transition procedures, then the policy must also include coverage for detransition procedures.(2) Upon approval and implementation of the waiver sought in subsection (i), if an insurance policy that is offered on the marketplace exchange and that is issued, renewed, or amended in this state on or after the effective date of the approved change to the state's EHB, includes coverage for gender transition procedures, then the policy must also include coverage for detransition procedures.
(1) If an insurance policy that is offered outside of the marketplace exchange and that is issued, renewed, or amended in this state on or after May 7, 2026, includes coverage for gender transition procedures, then the policy must also include coverage for detransition procedures.
(2) Upon approval and implementation of the waiver sought in subsection (i), if an insurance policy that is offered on the marketplace exchange and that is issued, renewed, or amended in this state on or after the effective date of the approved change to the state's EHB, includes coverage for gender transition procedures, then the policy must also include coverage for detransition procedures.
(c) An entity providing insurance coverage for detransition procedures must provide statistics regarding insurance claims for detransition procedures in this state to the department on a form provided by the department.
(d) The department shall develop a form for the reporting required by subsection (c) and determine the statistics to be reported, which must include:(1) The number of insurance claims made for detransition procedures;(2) The age and sex of an individual receiving a detransition procedure;(3) If known, the date that the individual initially began a gender transition procedure; and(4) The state of residence of the person receiving the gender transition procedure.
(1) The number of insurance claims made for detransition procedures;
(2) The age and sex of an individual receiving a detransition procedure;
(3) If known, the date that the individual initially began a gender transition procedure; and
(4) The state of residence of the person receiving the gender transition procedure.
(e) The entity providing insurance coverage shall transmit the form to the department no later than fifteen (15) days after the end of the calendar month during which a claim for the gender transition procedure was approved.
(f) Reporting forms required under this section must not contain individually identifiable health information as defined in 45 CFR § 160.103.
(g) (1) The department shall submit a comprehensive annual statistical report by December 31, 2026, and by December 31 of each year thereafter, to the speaker of the senate, the speaker of the house of representatives, and the legislative librarian based on all data obtained from forms required by this section. The annual statistical report to the speaker of the senate, the speaker of the house of representatives, and the legislative librarian must not identify individual gender clinics but must aggregate such data.(2) The department shall make the statistical report available to the public on the department's public website in a downloadable format; provided, the data in the report on the department's public website is not aggregated. The data contained in such report must not identify individual providers.
(1) The department shall submit a comprehensive annual statistical report by December 31, 2026, and by December 31 of each year thereafter, to the speaker of the senate, the speaker of the house of representatives, and the legislative librarian based on all data obtained from forms required by this section. The annual statistical report to the speaker of the senate, the speaker of the house of representatives, and the legislative librarian must not identify individual gender clinics but must aggregate such data.
(2) The department shall make the statistical report available to the public on the department's public website in a downloadable format; provided, the data in the report on the department's public website is not aggregated. The data contained in such report must not identify individual providers.
(h) The attorney general and reporter may investigate a potential violation of this section.
(i) The department of commerce and insurance shall, within ninety (90) days of May 7, 2026, apply to the federal centers for medicare and medicaid services (CMS) for a waiver pursuant to 45 CFR § 156.111 to allow the department to add detransition procedures to the state's essential health benefits (EHB) for qualified health plans (QHPs) offered on the marketplace exchange.