Maine Code § 22-3174-MMM

Coverage for gender-affirming care
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(REALLOCATED FROM TITLE 22, SECTION 3174-KKK)
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms
have the following meanings.
A. "Gender expression" means an individual's gender-related appearance and behavior, whether or
not stereotypically associated with the sex assigned to the individual at birth. [PL 2023, c. 288,
§1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).]
B. "Gender identity" means an individual's internal sense of that individual's gender, regardless of
the sex assigned to the individual at birth. [PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A,
§15 (RAL).]
C. "Transgender individual" means an individual who identifies as a gender different from the sex
assigned to the individual at birth. [PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15
(RAL).]
[PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).]
2. Reimbursement. The department shall provide reimbursement for medically necessary
treatment for or related to gender dysphoria as defined by the Diagnostic and Statistical Manual of
Mental Disorders, 5th edition, published by the American Psychiatric Association or a comparable or
equivalent diagnosis.
[PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).]
3. Discrimination prohibited. The department may not discriminate in its reimbursement of
medically necessary treatment on the basis of a MaineCare member's gender identity or gender
expression or on the basis that the MaineCare member is a transgender individual.
[PL 2023, c. 288, §1 (NEW); RR 2023, c. 1, Pt. A, §15 (RAL).]

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