ATLANTA – Republican-backed legislation denying coverage of gender-affirming health care though the State Health Benefit Plan (SHBP) advanced in the Georgia House of Representatives Tuesday.
The House Health Committee approved a bill that originated in the state Senate and passed that legislative chamber in February.
The House panel added a provision to Senate Bill 39 that would extend the denial of coverage beyond employees of state agencies, public schools, the University System of Georgia and the Technical College System of Georgia to also apply to state prison inmates.
The legislation defines gender-affirming care to include hormone therapy and sex reassignment surgery. It would also ban state-owned health-care facilities and physicians who work for the state from providing such care.
“There’s many places within health insurance where certain surgeries or procedures aren’t covered,” Rep. Brent Cox, R-Dawsonville, who is carrying the bill in the House, told committee members Tuesday. “Certain things we have to pay for out of our own pocket. … This is to be responsible with the funds we have.”
Legislative Democrats have argued the bill is part of a broader Republican agenda attacking Georgia’s transgender community for political gain.
Democrats on the committee pointed to a series of lawsuits over coverage of gender-affirming care for state employees the state has lost or settled going back to 2015. Plaintiffs have successfully challenged those denials as a violation of the U.S. Constitution’s equal-protection clause.
“These types of laws have been overturned by the judicial branch in multiple states,” said Rep. Jasmine Clark, D-Lilburn. “How are we saving money for the state if we’re having to spend more money in litigation?”
Rep. Trey Kelley, R-Cedartown, said the state has lost those lawsuits because there’s no state law on the books addressing the issue.
“This will correct that problem and help avoid litigation,” he said.
Dr. Cassie Ackerley of Atlanta objected to the provision extending the bill to prison inmates. She said inmates who in some cases have been receiving hormone therapy for years would be suddenly cut off.
“You’re forcing a person to de-transition while incarcerated,” she said. “That’s cruel and egregious.”
Republicans on the committee defeated an amendment Clark proposed to allow Georgians already enrolled in the SHBP to continue receiving coverage for gender-affirming care, then passed the underlying bill along party lines.
The legislation heads next to the House Rules Committee to schedule a floor vote on one of the final two days remaining in this year’s General Assembly session.