HB 682: Generally revise laws regarding gender transition treatment - Montana

HB0682_X(2).pdf → HB0682_X(3).pdf · 4 edits

MODERATE

The bill was amended to clarify the statute of limitations for gender transition treatment lawsuits, extending the filing deadline to age 25 and adding a two-year discovery window. It also updated the definition of 'gender transition treatment' to explicitly include puberty blockers for female minors and expanded surgical procedures for male minors to include vulvoplasty and other gender-affirming surgeries. Additionally, the bill was modified to allow surviving children to retain group retirement benefits if they lack equivalent coverage or if a surviving parent/guardian is employed.

Scope change

The scope of protected medical procedures was expanded to include puberty blockers and additional surgical options for male minors, while the legal timeline for filing related injury claims was adjusted to provide a longer window for adults.

DEFINITION

Puberty blockers (GnRH agonists) were explicitly added to the definition of gender transition treatment for female minors.

REQUIREMENT

Vulvoplasty, augmentation mammoplasty, facial feminization surgery, voice surgery, thyroid cartilage reduction, and gluteal augmentation were added to the list of covered surgical procedures for male minors.

TIMELINE

The statute of limitations for filing lawsuits regarding gender transition treatment injuries was modified to allow filing until age 25 or within two years of discovering the injury, whichever is later.

ELIGIBILITY

Eligibility for surviving children to remain in group retirement plans was modified to include scenarios where a surviving parent or legal guardian is employed.

HB0682_X(1).pdf → HB0682_X(2).pdf · 2 edits

MINOR

The amendment clarifies the statute of limitations for filing lawsuits regarding gender transition treatment injuries. It explicitly adds the phrase 'from the' to specify that the two-year discovery period begins after the person discovers the injury and its link to the treatment. It also clarifies that the absolute deadline of age 30 applies to the person, not the action itself, ensuring the timeline is clear for potential plaintiffs.

Scope change

The bill's scope regarding legal filing deadlines remains the same, but the language is now more precise to avoid ambiguity about when the clock starts and who the deadline applies to.

TIMELINE

Added the word 'from' to clarify that the two-year discovery period starts after the person discovers the injury and its causal relationship to the treatment.

Clarified that the absolute filing deadline is when the person reaches 30 years of age, rather than when the legal action is commenced.

HB0682_5(5).pdf → HB0682_X.pdf · 5 edits

MODERATE

This bill revises laws regarding gender transition treatment for minors, establishing a statute of limitations for tort claims, mandating insurance reciprocity for detransition treatment, and updating Medicaid coverage rules. It also amends existing statutes related to insurance and health benefits.

Scope change

The bill expands the scope of legislation to include detransition treatment in insurance coverage requirements and adds specific provisions for tort actions related to gender transition treatment received during minority.

REQUIREMENT

Added a statute of limitations requiring tort actions for injuries from gender transition treatment received as a minor to be filed within 25 years of reaching age 18 or 2 years after discovering the injury, whichever is later, but no later than age 30.

Added a requirement for insurance policies covering gender transition treatment to also provide equivalent coverage for detransition treatment for insureds who received benefits under the original coverage.

Added provisions for reciprocal coverage of detransition treatment in private insurance, public employee plans, and Montana University System insurance plans.

Added provisions to include detransition treatment as a service under Medicaid and Healthy Montana Kids in certain situations.

DEFINITION

Modified the definition of 'gender transition treatment' to explicitly include specific surgical procedures, hormone therapies, and puberty blockers for both female and male minors.

HB0682_4(7).pdf → HB0682_5.pdf · 5 edits

MODERATE

The bill was renumbered from HB 682.4 to HB 682.5 and updated its summary to reflect multiple effective dates. The most significant substantive change involves the statute of limitations for lawsuits regarding gender transition treatment injuries; the time limit for filing a suit was increased from 25 years to 30 years, and a new exception was added to bar any action commenced after the person turns 30. Additionally, the definition of 'gender transition treatment' was narrowed to apply only to minors, removing coverage for adults in the reciprocity section. The bill also reorganized the list of covered medical procedures to ensure consistency between the minor and adult definitions.

Scope change

The scope of the statute of limitations was expanded for minors, and the definition of covered treatments was restricted to minors only in the reciprocity section.

TIMELINE

The statute of limitations for filing lawsuits regarding gender transition treatment injuries was extended from 25 years to 30 years from the date the person reaches the age of majority.

REQUIREMENT

A new exception was added to the statute of limitations, stating that no lawsuit may be commenced after the person reaches 30 years of age.

ELIGIBILITY

The definition of 'gender transition treatment' in the reciprocity section was changed to apply only to minors, removing the requirement for insurance policies to cover detransition treatment for adults.

DEFINITION

The list of covered medical procedures was reorganized and clarified to distinguish between treatments for female and male minors.

TECHNICAL

The bill was renumbered from HB 682.4 to HB 682.5, and the summary text was updated to reflect changes to the effective date provisions.

HB0682_3(18).pdf → HB0682_4.pdf · 2 edits

MINOR

The bill number was updated from HB 682.3 to HB 682.4 to reflect a new version of the legislation. The statute of limitations for filing lawsuits regarding injuries from gender transition treatment was modified, extending the time limit from 25 years to 25 years and 4 months after a person turns 18, or within 4 years of discovering the injury, whichever is later. This change provides a slightly longer window for individuals to seek legal remedies for such injuries.

Scope change

The bill's scope remains focused on liability and statutes of limitations for gender transition treatment injuries, with no change to the underlying eligibility criteria or substantive legal standards.

TIMELINE

Extended the statute of limitations for filing lawsuits related to gender transition treatment injuries from 25 years after turning 18 to 25 years and 4 months after turning 18.

TECHNICAL

Updated the bill number from HB 682.3 to HB 682.4 to indicate a new version of the text.

HB0682_2(12).pdf → HB0682_3.pdf · 1 edit

MINOR

The bill version number was updated from HB 682.2 to HB 682.3. A significant formatting error was corrected in the statute of limitations section, where the text '25 4 years' was fixed to read '25 years from the date the person reaches 18 years of age or within 4 years from the time of discovery.' This correction clarifies that a lawsuit for damages related to gender transition treatment must be filed within 25 years of turning 18 or within 4 years of discovering the injury, whichever happens later.

Scope change

The scope of the bill remains unchanged; the revision corrects a drafting error in the timeline for filing legal claims.

TIMELINE

Fixed a text error in the statute of limitations to clearly state the 25-year and 4-year deadlines for filing lawsuits regarding gender transition treatment injuries.

HB0682_1(5).pdf → HB0682_2.pdf · 4 edits

MODERATE

This bill removes the requirement for insurance policies to cover 'detransition treatment' if they cover gender transition treatment. It also deletes the specific definition of gender transition treatment for adults (non-minors) from the reciprocity section, leaving only the definition for minors. Additionally, the bill adds 'retroactive applicability' and 'delayed effective date' to the list of timing provisions.

Scope change

The bill's scope is narrowed by removing the mandate for adult detransition coverage and by limiting the detailed definition of covered treatments to minors only.

REQUIREMENT

Deleted the requirement that insurance policies covering gender transition treatment must also cover detransition treatment.

DEFINITION

Removed the specific list of medical procedures and drugs defined as 'gender transition treatment' for adults (non-minors).

The definition of 'gender transition treatment' in the insurance reciprocity section now only applies to minors, whereas it previously included adults.

TIMELINE

Added language specifying that the bill includes a retroactive applicability date and a delayed effective date.

LC0898.pdf → HB0682_1.pdf · 2 edits

MINOR

The bill was renumbered from LC 0898 to HB 682.1 and the list of sponsors was updated. The substantive text of the bill, which covers statutes of limitations for gender transition tort claims, insurance reciprocity requirements, and amendments to insurance codes, remains unchanged.

TECHNICAL

The bill number was changed from LC 0898 to HB 682.1.

The list of bill sponsors was updated to reflect the current legislative sponsors.

Generally revise laws regarding gender transition treatment

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