Employers that sponsor self-insured health plans should note that the Department of Health & Human Services (HHS) last week rescinded its prior guidance on Gender Affirming Care, Civil Rights, and Patient Privacy, originally issued on March 2, 2022.
The rescission is in response to Executive Order 14187, which directed HHS to rescind the guidance.
The prior guidance indicated that medical interventions may improve physical and mental health outcomes for minors. It also outlined how federal civil rights and patient privacy laws applied to such treatments.
Affected plan sponsors should work with their ERISA counsel to ensure that their plans comply with the latest guidance.
In particular, those plan sponsors who added coverage to comply with certain “Section 1557” rules may now seek to limit such coverage, under certain conditions.
In light of the current pace of regulatory changes, all plan sponsors should closely monitor new guidance and work with their ERISA counsel to effectuate any necessary changes, as rules are changing quickly in this area.
A copy of the rescission notice is available here: Recission of “HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy” (issued March 2, 2022)