Iowa:
Iowa Admin. Code r. 441-78.1(4) excludes sex reassignment surgeries and “procedures related to transsexualism . . . [and] gender identity disorders” from coverage for state Medicaid. However, in 2019, the Supreme Court of Iowa held that this rule was unconstitutional and in violation of the Iowa Civil Rights Act. Good v. Iowa Dept. of Human Servs, 924 N.W.2d 853 (Iowa 2019). Michigan:
The Michigan Medicaid Provider Manual contains a nondiscrimination provision consistent with the nondiscrimination provision in Section 1557 of the Affordable Care Act.
Minnesota:
Minn. R. 9505.0020 lists services not covered by state Medicaid, and transsexual surgery and related drugs are not included in the list of services not covered.
Summary of factual data and analytical methodologies
No factual data or analytical methodologies were relied upon. This repeal is based on a federal court’s order permanently enjoining the Department from enforcing ss. DHS 107.03(23) to (24) and DHS 107.10 (4) (p). Analysis and supporting documents used to determine effect on small business
The department published a notice in the Administrative Register which requested comments on the economic impact on the proposed rule. The economic impact commenting period ran from May 26, 2020 to June 9, 2020.
Effect on small business
The proposed rule will not affect small businesses.
Agency contact person
Statement on quality of agency data
As provided in the “summary of factual data and analytical methodologies,” no data was used for this proposal rule section repeal.
Place where comments are to be submitted and deadline for submission
Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The notice of public hearing and deadline for submitting comments will be published in the Wisconsin Administrative Register and to the department’s website, at https://www.dhs.wisconsin.gov/rules/permanent.htm. Comments may also be submitted through the Wisconsin Administrative Rules Website, at: https://docs.legis.wisconsin.gov/code/chr/active. RULE TEXT
SECTION 1. DHS 107.03 (23) and (24) are repealed.
SECTION 2. DHS 107.10 (4) (p) is repealed.
SECTION 3. Effective date. As provided in s. 227.24 (1) (c), Stats., this emergency rule shall take effect upon publication in the official state newspaper. It shall remain in effect for the time provided in s. 227.24 (1) (c), Stats., and, if applicable, s. 227.24 (2), Stats. Wisconsin Department of Health Services
Dated: __________________________________
Andrea Palm, Secretary-designee
SEAL:
