|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to civil liability for, governmental health plan coverage |
|
of, and public funding for gender modification procedures and |
|
treatments. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. The legislature finds that: |
|
(1) as evidenced by a 2018 video of a Vanderbilt |
|
University Medical Center administrator who promoted gender |
|
modification surgeries as financially beneficial and stated that |
|
entire clinics are being financed by phalloplasties, the medical |
|
community has knowledge that many so-called "gender-affirming" |
|
treatments are not in the best interest of the health of the patient |
|
but rather are being promoted for the monetary gain the health care |
|
facilities will receive from providing those treatments; and |
|
(2) the medical community has a conflict of interest |
|
in offering gender modification treatments and procedures because |
|
those treatments and procedures create lifelong patients as a |
|
result of required follow-up visits after those treatments and |
|
procedures. |
|
SECTION 2. Title 4, Civil Practice and Remedies Code, is |
|
amended by adding Chapter 74B to read as follows: |
|
CHAPTER 74B. LIABILITY FOR GENDER MODIFICATION PROCEDURES AND |
|
TREATMENTS |
|
Sec. 74B.001. DEFINITION. In this chapter, "gender |
|
modification procedure or treatment" means a health care procedure |
|
or treatment provided for the purpose of transitioning a patient's |
|
biological sex, as determined by the patient's sex organs, |
|
chromosomes, and endogenous profiles, or affirming the patient's |
|
perception of the patient's sex if that perception is inconsistent |
|
with the patient's sex. The term includes: |
|
(1) a surgery that sterilizes the patient, including: |
|
(A) castration; |
|
(B) vasectomy; |
|
(C) hysterectomy; |
|
(D) oophorectomy; |
|
(E) metoidioplasty; |
|
(F) orchiectomy; |
|
(G) penectomy; |
|
(H) phalloplasty; and |
|
(I) vaginoplasty; |
|
(2) a mastectomy; |
|
(3) the prescription, administration, or supply of any |
|
of the following medications that induce transient or permanent |
|
infertility: |
|
(A) puberty-blocking medication to stop or delay |
|
normal puberty; |
|
(B) supraphysiologic doses of testosterone to |
|
females; or |
|
(C) supraphysiologic doses of estrogen to males; |
|
and |
|
(4) the removal of any otherwise healthy or |
|
non-diseased body part or tissue. |
|
Sec. 74B.002. CONFLICT OF LAWS. To the extent this chapter |
|
conflicts with another law, this chapter prevails. |
|
Sec. 74B.003. STRICT LIABILITY FOR HEALTH COVERAGE. A |
|
health benefit plan issuer is strictly liable to a patient for the |
|
patient's medical, mental health, and pharmaceutical costs, |
|
including costs associated with reversing a gender modification |
|
procedure or treatment, incurred for the life of the patient as a |
|
result of a gender modification procedure or treatment covered by |
|
the issuer's plan. |
|
Sec. 74B.004. LIABILITY FOR PHYSICIAN OR HEALTH CARE |
|
PROVIDER. A physician or health care provider who provides a gender |
|
modification procedure or treatment to a patient is: |
|
(1) liable to the patient for a malpractice claim in |
|
the provision of the procedure or treatment; and |
|
(2) strictly liable to the patient for the patient's |
|
medical, mental health, and pharmaceutical costs, including costs |
|
associated with reversing a gender modification procedure or |
|
treatment, incurred for the life of the patient as a result of the |
|
procedure or treatment. |
|
Sec. 74B.005. EXCEPTIONS. Sections 74B.003 and 74B.004 do |
|
not apply to the provision by a physician or health care provider, |
|
with the consent of a child's parent or legal guardian, if |
|
applicable, and the coverage by a health benefit plan of |
|
appropriate and medically necessary gender modification procedures |
|
or treatments to a patient who: |
|
(1) is born with a medically verifiable genetic |
|
disorder of sex development, including: |
|
(A) 46,XX chromosomes with virilization; |
|
(B) 46,XY chromosomes with undervirilization; or |
|
(C) both ovarian and testicular tissue; or |
|
(2) does not have the normal sex chromosome structure |
|
for male or female as determined by a physician through genetic |
|
testing. |
|
SECTION 3. Subtitle F, Title 10, Government Code, is |
|
amended by adding Chapter 2273A to read as follows: |
|
CHAPTER 2273A. PROHIBITED USES OF PUBLIC MONEY |
|
Sec. 2273A.001. DEFINITIONS. In this chapter: |
|
(1) "Gender modification procedure or treatment" has |
|
the meaning assigned by Section 74B.001, Civil Practice and |
|
Remedies Code. |
|
(2) "Governmental entity" means this state, a state |
|
agency, or a political subdivision. |
|
Sec. 2273A.002. USE FOR GENDER MODIFICATION PROCEDURE OR |
|
TREATMENT. A governmental entity may not use or provide public |
|
money for the provision or administration of a gender modification |
|
procedure or treatment. |
|
SECTION 4. Subtitle E, Title 8, Insurance Code, is amended |
|
by adding Chapter 1373 to read as follows: |
|
CHAPTER 1373. PROHIBITED COVERAGE OF GENDER MODIFICATION |
|
PROCEDURES AND TREATMENTS |
|
Sec. 1373.001. DEFINITION. In this chapter, "gender |
|
modification procedure or treatment" has the meaning assigned by |
|
Section 74B.001, Civil Practice and Remedies Code. |
|
Sec. 1373.002. APPLICABILITY OF CHAPTER. Notwithstanding |
|
any other law, this chapter applies only to: |
|
(1) a basic coverage plan under Chapter 1551; |
|
(2) a basic plan under Chapter 1575; |
|
(3) a primary care coverage plan under Chapter 1579; |
|
(4) a plan providing basic coverage under Chapter |
|
1601; |
|
(5) the state Medicaid program, including the Medicaid |
|
managed care program operated under Chapter 540, Government Code; |
|
and |
|
(6) the child health plan program under Chapter 62, |
|
Health and Safety Code. |
|
Sec. 1373.003. PROHIBITED COVERAGE; EXCEPTION. (a) A |
|
health benefit plan may not provide coverage for a gender |
|
modification procedure or treatment. |
|
(b) This section does not apply to the coverage by a health |
|
benefit plan of appropriate and medically necessary gender |
|
modification procedures or treatments to a patient who: |
|
(1) is born with a medically verifiable genetic |
|
disorder of sex development, including: |
|
(A) 46,XX chromosomes with virilization; |
|
(B) 46,XY chromosomes with undervirilization; or |
|
(C) both ovarian and testicular tissue; or |
|
(2) does not have the normal sex chromosome structure |
|
for male or female as determined by a physician through genetic |
|
testing. |
|
SECTION 5. (a) Chapter 74B, Civil Practice and Remedies |
|
Code, as added by this Act, applies only to a cause of action that |
|
accrues on or after the effective date of this Act. |
|
(b) The changes in law made by this Act apply only to a |
|
health benefit plan delivered, issued for delivery, or renewed on |
|
or after the effective date of this Act. |
|
SECTION 6. This Act takes effect September 1, 2025. |