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Joanne Herman

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More Employers To Cover Transgender Surgery, But New Hurdles Expected

Posted: 01/04/11 08:46 AM ET

One year from now, more employers than ever before will cover transgender surgery as part of their health insurance plan. While this is much-needed progress for transgender people, implementation issues will unfortunately create new hurdles to living in one's true gender.

The coverage is a requirement in the 2012 Corporate Equality Index. An employer must contract for the coverage by June of this year and coverage must be effective January 1, 2012 in order to score 100 percent on the 2012 CEI.

This change will impact all transgender people even though many do not need or want surgery. That's because insurance company exclusions of transgender surgery, and in some cases any transgender care, have tended to make medical care providers regard anything transgender-related as frivolous.

The consequence of this is shocking. The recent National Transgender Discrimination Survey -- Report on Health and Health Care showed that 19 percent of the respondents of all ages were refused care because of their transgender or gender non-conforming status, 28 percent were subject to harassment in medical settings, and 2 percent were victims of violence in doctor's offices.

It's unclear if all 337 employers who scored 100 percent in the 2011 CEI survey will be able to arrange for the new coverage in time. The chief diversity officer of one employer told me that adding the coverage is his number one priority in 2011. Yet I'm guessing the change is big enough that some companies will fall from 100 percent in 2012.

While 85 of those employers already cover transgender surgery in some way, the challenge for all employers will be that the 2012 CEI requires coverage of surgery deemed medically necessary by the World Professional Association for Transgender Health (WPATH). It may take some employers longer than others to accept that procedures such as facial feminization surgery, usually dismissed as "cosmetic" in current coverage, should be covered.

For those employers large enough to "self-insure," conformance with WPATH requirements can easily be written into the health plan. But for other employers who must take the "plain vanilla" insurance offerings, many health insurers in the U.S. do not even offer a rider covering transgender surgery, and those who do typically impose requirements that differ from the WPATH requirements, usually in more restrictive ways.

One restriction in standard riders concerns the procedures involving breasts. For a person transitioning from female to male, a mastectomy is recognized by WPATH as the first step typically undertaken in a gender transition. For a male to female, WPATH sees breast enlargement as warranted after 18 months in cases where hormone therapy has not led to adequate breast tissue growth. But most standard insurance riders set an 18-month delay for any breast procedure, unacceptable for those transitioning to male.

Even with the most WPATH-compliant coverage, a significant hurdle will be that few of the current transgender surgery specialists accept insurance. In fact, most require prepayment of the full cost. Many employees are just not going to be able to come up with that kind of cash, and it's going to be a while before the market forces providers to accept insurance.

For those who can pay in advance, the insurance company's inexperience with transgender coverage could leave the employee hanging. In one company already providing coverage, a patient obtained the required pre-authorization letters from a therapist and the primary provider of care, received approval, and underwent surgery, only to find the insurance company refusing to pay because it decided after the fact that the employee's primary provider of care should have been a mental health provider. The patient is now scrambling to be pre-authorized after the fact.

Of course, most insurance companies limit payment to the "reasonable and customary" (R&C) amount for the particular surgery. Surprisingly, insurance companies already have these amounts determined since most transgender surgery procedures are actually the same procedures performed for non-trans people under different circumstances (for example, construction of a penis for a man who has been in a tragic accident). An employee could be caught short if the R&C amount ends up being less than trans surgery specialists normally charge.

And then there is a common requirement of using providers within the employee's home state. With so few surgeons specializing in transgender surgery, will this leave the employee with coverage, but no qualified surgeon? Or will it encourage the employee to gamble on a surgeon who has little experience with the procedure?

Regardless of the hurdles, the new coverage is timely. The recently-released U.S. Department of Health and Human Services' Healthy People objectives for the next 10 years include, for the first time, a specific objective of recognizing transgender health needs as medically necessary. The change in attitude brought by the new surgery coverage will go a long way toward achieving this objective.

 
 
 

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One year from now, more employers than ever before will cover transgender surgery as part of their health insurance plan. While this is much-needed progress for transgender people, implementation issu...
One year from now, more employers than ever before will cover transgender surgery as part of their health insurance plan. While this is much-needed progress for transgender people, implementation issu...
 
 
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This comment has been removed due to violations of our [Guidelines]
12:20 AM on 01/05/2011
The following is a direct link to my personal experience with being denied necessary medications by State Insurance/Medicaid because I'm transgendered. It is a copy of the letter received and in the comments is my reply to them that went ignored and unanswered;
http://www.facebook.com/note.php?note_id=134911333206820
08:40 AM on 01/06/2011
Wait, I thought New Mexico had a non-discrimination law on the books? Have you spoken to a lawyer about this?
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hackerblaster
I did not mean that to be a factual statement.
01:40 PM on 01/07/2011
That is horrific!

" This is considered a cosmetic service and is excluded as detailed in your explanation of benefits."

Hormones are not cosmetic!
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HUFFPOST SUPER USER
Mark Harker
09:20 PM on 01/04/2011
I see no difference between this and the people that want to chop off one of their limbs because they believe that it is causing all of their problems.
12:06 AM on 01/05/2011
I'm curious about the logic that drives such position. And I wonder if you're truly willing to test it against empirical evidence.
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HUFFPOST SUPER USER
rougebaisers
09:15 AM on 01/05/2011
Do you really believe that is it? A truly gender dysphoric human IS what they perceive themselves to be in their minds and their heart, indeed in every fiber of their being. Do not believe for a second that someone would go through all it takes to physically, legally, officially change their sex to match what they know their gender is. One cannot change their gender. One can change their body, their sex, to match the gender within. Approval from no less than three clinical psychologists. Living a year in the sex (to match your gender) before surgery is approved. Costly surgery to change the 'wrong' organs for what is going on inside to the right ones, cosmetic yes, but nevertheless no longer what has been deemed 'wrong.' You are talking about years here, just to get to surgery. At least a year after that to feel healthy and healed. Then comes the fun part. Changing all of your personal information to the new you. From drivers licenses to birth certificates, to bank accounts and insurance policies. All of it. No one would put themselves through all of that unless it was real.
08:30 PM on 01/04/2011
The bottom line is that if a medical procedure is covered by insurance for a non-transgender person, it should be covered for a transgender person as well. Anything less is discriminatory. As far as "reasonable & customary," it is no less reasonable to cover transgender care than it is to cover medical treatment for overweight, non-exercising, smokers. That's the whole point of insurance - we assume the risks for each other's overall health and medical conditions.
09:17 PM on 01/04/2011
The same could be said for it being okay for husband to add a wife to his insurance through work, but a husband can't add his husband to his coverage (or wife/wife). It's just a discriminatory but no one seems to care.
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Razpooten
Nil homini certum est
11:48 PM on 01/04/2011
Well put; I concur
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hackerblaster
I did not mean that to be a factual statement.
07:25 PM on 01/04/2011
Joanne, why do transgender issues drop off so quick from Huffington Post? People knew this article was here for about 15 minutes and that is it. Gone forever into the transgender abyss.
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rougebaisers
09:16 AM on 01/05/2011
It is only an abyss if one allows it to be.
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HUFFPOST BLOGGER
Joanne Herman
10:02 AM on 01/05/2011
It would be great if transgender-related posts ran longer on the section pages. I personally use a Google Alert searching for "Huffington Post" and "transgender" so I never miss anything. Also, articles remain on the HuffPo site even if they are no longer listed on a section page. For example, all of my HuffPo writings are still at http://www.huffingtonpost.com/joanne-herman. On that page is a link to subscribe to an RSS feed of my articles if you want to be sure to catch all of them.
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hackerblaster
I did not mean that to be a factual statement.
11:53 AM on 01/05/2011
Thank you for your reply, Joanne. I found this via a Google Alert, myself. The big problem I have is that if these trans-related articles never end up being seen by many folks then it is harder for us to gain acceptance in society. I kind of feel the HP is putting us on the back of the bus. I am really concerned with the lack of ENDA coverage by HP. It is incredibly horrible. ENDA covers more people than DADT yet DADT got HUGE amounts of attention.

site:huffingtonpost.com dadt -intitle:dadt
About 142,000 results

site:huffingtonpost.com enda -intitle:enda
About 629 results

DADT was for the LGB community
ENDA was for the LGB&T community
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HUFFPOST BLOGGER
Michael Rowe
Author and Journalist
03:09 PM on 01/07/2011
Great piece, Joanne.
05:23 PM on 01/04/2011
To the poster who posted that insurance companies dont cover fertility treatments and viagra etc etc, it all depends on the state your in, the job your in and the INSURANCE your in and their UNDERWRITERS. I worked for insurance companies where there wasnt much that WASNT covered including fertility treatments and viagra-and MOST insurance companies do NOT cover any SRS treatments/meds/surgery-BUT-MY sons SRS top surgery WAS COVERED by our insurance company on dec 20, 2010. And they have been covering his hormone prescription as well. Welcome to the 21st century where NONE of us is the end all be all or say all when it comes to this kind of thing. And I am CERTAIN that my sons procedures did NOT raise YOUR premiums or have ANY effect on YOUR life whatsoever. IM glad that this article has sparked discussion, but it looks like it has turned into an anti-treatment crusade of Trans individuals rather than a discussion about what is appropriately covered by insurance companies. Im in it..Im living it. Still loving all the "experts" on here-LOL
06:31 AM on 01/09/2011
Insurance companies are simply commercial death panels. They have no place in civilized health care.
Every other western democracy does very well without them and 36 countries achieve better healthcare. Every country achives much lower cost.
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hackerblaster
I did not mean that to be a factual statement.
04:52 PM on 01/04/2011
I spoke to the University of Pennsylvania about transgender related medical coverage in our Staff's insurance policy.

I see there are some leaving comments here that don't understand what it means for someone who is transgender and needs this type of care. You are welcome to read what I told the University Council if you like. I 'hope' it helps you have at least a little more understanding.

http://www.facebook.com/note.php?created&¬e_id=120468284690065&id=148416985209839
06:35 AM on 01/09/2011
I have considerable sympathy for transgender issues. in the UK for instance these are exactly the types of issues that come up for discussion on the edges of what can and cannot be provided unthe the national health service. In contrast the government in the US can withhold transplant surgery in one state and provide what is evidently not life saving treatments in an other. That is cruel and inhuman.
04:31 PM on 01/04/2011
Of course, most insurance companies limit payment to the "reasonable and customary" (R&C) amount for the particular surgery. Surprisingly, insurance companies already have these amounts determined since most transgender surgery procedures are actually the same procedures performed for non-trans people under different circumstances ...quoted right from the article itself and TRUE. These are not new or experimental or elective. They are procedures and treatments for the diagnosis of transgender PATIENTS. They arent taking anything from anyone or asking for anything that isnt already covered for other PATIENTS.
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Marlene Bomer
I'm a transsexual lesbian... so?
11:13 AM on 01/05/2011
Kathylee -- As far as I know, no insurance company covers any kind of surgery or therapy for transition.

Furthermore, those transfolk on Medicaid and Medicare are specifically *denied* coverage!
08:31 AM on 01/06/2011
Through a certain classification system in my state, I actually can see a doctor, get hormones, and even get psychological counseling. However, the state policy is now that they will NOT under ANY circumstances cover surgery. Just wonderful, isn't it?

Oh, and according to the Social Security Administration, a diagnosis of GID is a non issue. Gotta love it, right?
HUFFPOST SUPER USER
missyme
Just me
04:01 PM on 01/04/2011
It's hard for me not to have an opinion about everything, I can't help myself. I'm happy that I was born a woman and happy to remain a woman but I really am sad that we want the government to be involved with our sexuality. I think it's hard to be a man living in a woman's body and vice versa but what if you change your mind later. To me, this sounds like instant gratification. Transgender is not a physical deformity or a medical problem. It's a psychological problem where a person doesn't accept to live in the body in which they were created. This is definitely different from being gay where a person is attracted to their own gender. Transgender Surgery should not be the responsiblity of the employer. This is going too far.
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Beth Grierson
05:02 PM on 01/04/2011
What has this got to do with the government involvement in our sexuality?

To say that wanting gender reassignment surgery "sounds like instant gratification" or that gender disphoria is not a medical condition suggests that you're either being very flip or that you know very, very little about the issue. It's fine to have an opinion about everything, but you might consider doing a little reading first.
05:12 PM on 01/04/2011
Transsexualism is an accepted medical condition and getting to the point of surgery is a far cry from "instant gratificat­ion". The process takes usually years of therapy before a therapist will write a recommendation letter and two are required before surgery is even considered.
03:49 PM on 01/04/2011
This is tyranny of the minority taken to an extreme. Insurance does not cover infertility treatments, it does not cover cosmetic surgery, it does not cover all eye surgery -- all because those are done for the comfort or life style of the individual and not medical necessity. There is no medical necessity in the transgender situation either. No surgery will change the reproductive reality etc.. of the transgender. That means the surgery is cosmetic --. There is no justification for treating it differently.
07:37 PM on 01/04/2011
Not medically necessary? Look up AMA Resolution No. 122. Then get back to me on that thought.
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Razpooten
Nil homini certum est
11:54 PM on 01/04/2011
joy, you are greatly misinformed.
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rougebaisers
03:36 PM on 01/04/2011
Wonderful.
03:31 PM on 01/04/2011
If any surgery could be called "elective," transgender surgery is right up there along with facelifts and liposuction. Unless someone is born with a biological anomaly, such as undescended testicles or hermaphroditism, transgender surgery is purely a personal choice, not a medical necessity. To everyone who is unhappy with the genitalia Nature provides you, get over it, and pray that when you are reincarnated you will have the body your heart desires.
03:15 PM on 01/05/2011
"Unless someone is born with a biological anomaly...."

But that is exactly what current medical research has identified in the case of transsexuals. Transsexual brains are sexually dimorphic in the opposite direction of their visible anatomy. This is not equivalent to people wanting to get a facelift or liposuction. We're not talking about "feelings," we're talking about brain structure.

The findings of medical science in this area also fit the evidence gleaned from decades of case histories in the treatment of transsexualism. Reparative therapy techniques for transsexuals have been proven not to work (not a single long-term success story based on roughly a century of evidence trying every known psychiatric technique). However triadic therapy (involving hormones, real life transition, and surgical anatomical correction) has been also been studied for a few decades at this point, and has shown a very high (95% plus) rate of success.

Neither the medical nor the therapeutic evidence fits the assumption that transsexualism is a matter of "personal choice," which is why the relevant medical professions have issued formal statements calling for medical coverage.
08:25 AM on 01/06/2011
By the way, we don't call it "hermaphroditism" anymore. It's called "intersexuality". Thanks for not researching the terms.
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FTracy3
My micro-bio is as empty as the rest of my life.
03:29 PM on 01/04/2011
Since "medically necessary" in this case would seem to based on potential psychological damage if the surgery is not performed, if I have potentially severe depression/anxiety over aging, should employers be required to cover my facelift?
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Mr Bobo
Punk Rock Libertarian. Different. Better.
05:37 PM on 01/04/2011
By this standard, yes.
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rougebaisers
09:22 AM on 01/05/2011
gender dysphoria is not a facelift. Imagine when you wake and head into your bathroom every morning, and you hop in the shower and get out and look in the mirror, what you see is not only wrong, but the complete opposite of what you perceive yourself to be inside, to what the world sees and relates to you as because of what you are on the outside rather than the inside. Imagine that you cannot change what you are and feel inside. It is there. It is you. You are living a personal lie in the wrong package. The only way to make yourself complete as a human being is to alter the package to match what is inside, and believe me no one would put themselves through all of that unless it was real.
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Theresa N
03:28 PM on 01/04/2011
I cannot imagine a m2f transsexual not desiring surgery and choosing to live with a penis. Now whether transgender means the same thing as transsexual in this case I do not know. I know that I dreamed from the age of twelve of becoming a "real woman." I would lie in bed before I went to sleep praying that I would wake up and have my genitals match my gender. I was not able to get surgery until my late forties but I regret all those years I had to pretending I was someone I was not. I believe part of the problem is the very word transgender. It is often applied to crossdressers, transvestites, and drag queens and that is why I use the word transsexual whenever possible. I do realize that it is much harder for f2m's as the surgery is often not as successful, but I would bet that if they could get a working penis they would, unless of course they really aren't transsexual.
As for coverage of surgery, my HMO initially said they would reimburse me but afterwards went back on their word and made it impossible for me to collect. I have also experienced a tremendous amount of discrimination, from losing custody and then contact with my daughter (because of a religious custody evaluator) to finding it impossible to secure employment as a nurse. The application process would go smoothly until they found out that I had practiced under a male name.
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bryanzth
Honest to Goodness USA Patriot!
03:59 PM on 01/04/2011
I was very blessed once to represent my organization at a recent Be All Conference in Arlington Heights. I mean, really blessed. I had a chance to talk with people at various stages in their transition. And I should say, I had a chance to listen to these folks. And I learned so much. And one thing I learned was that those who had to wait, or just waited had the regret on their faces of waiting and pretending. And I thought that the sooner one could do that, how much better. And you said "twelve" and I believe it. But certainly, I can believe that parents and relatives and sibs would make it different.

I hope for a better world for foregoing generations who want to feel normal for the first times in their lives.

Thank you for your story. There are people who love you, I am certain.

BZ.
05:40 PM on 01/04/2011
I'm trans and I would like to have bottom surgery but it's not the most important thing in the world to me. My fiance likes it and the hormone therapy keeps it from ever being a real problem. I do want top surgery really really bad. I've always dreamed of having big "girls" but the hormones have created nice breasts, maybe not as big as I'd like but I like the fact that it's natural.

In my experience the bottom surgery is most important to people who identified as straight before they came to terms with being trans.
08:23 AM on 01/06/2011
Getting SRS is VERY important to me and I'm bi. Though, there are extenuating circumstances. *shrug*
03:11 PM on 01/04/2011
Perhaps as a transgendered woman, I ought to be happy that the privileged "haves" with access to health insurance get their transition related procedures covered. Yet as someone on the other side of that line of privilege, a self employed woman who pays for her own high deductible, HSA based health insurance, I'm not all that excited.

Well, maybe about as excited as when that GWB tax cut for those making over 200K was extended.