Colorado to Make Gender-Affirming Care an Essential Health Benefit

On Oct. 12, Centers for Medicare & Medicaid Services (CMS) published a press release announcing, for the first time, it approved a request to provide gender-affirming care in the individual and small group health insurance markets as part of Colorado’s Essential Health Benefit (EHB) benchmark. This historic step is aligned with the Biden-Harris Administration’s efforts to address healthcare disparities by removing barriers and access to care for transgender individuals.

The release states that “Colorado’s new EHB-benchmark plan will enhance access to coverage for gender-affirming care that meets individual needs and discourages the use of a “one-size-fits-all” framework for transgender persons seeking medical care. Changes to the EHB-benchmark plan will allow access to a wider range of services for transgender individuals in addition to benefits already covered. Such treatments will include eye and lid modifications, face tightening, facial bone remodeling for facial feminization, breast/chest construction and reductions, and laser hair removal. The state is also adding EHBs in the benchmark plan to include mental wellness exams and expanded coverage for 14 prescription drug classes. These changes will take effect beginning on January 1, 2023.”

HHS Secretary Xavier Becerra was quoted in the release saying that “Healthcare should be in reach for everyone; by guaranteeing transgender individuals can access recommended care, we’re one step closer to making this a reality. I am proud to stand with Colorado to remove barriers that have historically made it difficult for transgender people to access health coverage and medical care.”

CMS Administrator Chiquita Brooks-LaSure was also quoted in the release saying that “Colorado’s expansion of their essential health benefits to include gender-affirming surgery and other treatments is a model for other states to follow and we invite other states to follow suit.”

The American Medical Association, the American Academy of Family Physicians, the American Academy of Pediatrics, and the American Psychiatric Association all consider gender-affirming care a standard level of care. “Transgender patients often face discriminatory hurdles in accessing medically necessary health care services that affirm gender identity,” the release says.

That said, “The Affordable Care Act (ACA) requires non-grandfathered health plans in the individual and small group markets to provide coverage in 10 categories of EHBs, including preventive and wellness services, chronic disease management, maternity and newborn care, hospitalization, prescription drugs, mental health and substance use disorder services, behavioral health treatment, and lab services. CMS regulations allow states the flexibility to develop state-specific “benchmark” plans that detail the specific services covered among these broad categories based on a typical employer plan offered in the state.”

CMS concludes the release by stating that it recognizes that expanded, gender-affirming coverage improves healthcare outcomes for the LGBTQ+ community.