Hall Gender Modification Bill Makes Providers Liable For Lifetime Costs

The text as introduced · 999 words

89R2436 SCL-D

By: Hall
S.B. No. 115

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.