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H 1252

An Act relative to gender identity in insurance

194th Legislature (2025-2026) Introduced by Jay Livingstone and 1 co-sponsor

Mass. H.1252 adds gender-identity protections to insurance law, extending sex-based nondiscrimination to policyholders and insurers, effective January 1, 2026.

Accompanied a study order, see H5336
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Bill Summary · H 1252

Summary of House Bill H.1252: An Act relative to gender identity in insurance

Purpose and intent

H.1252 seeks to protect and recognize gender identity within Massachusetts insurance law. By defining gender identity and expanding the use of that concept in several insurance-related provisions, the bill aims to ensure insurance products, coverage, and related services treat gender identity consistently with protections currently applied to sex.

Key provisions

  • Definition of gender identity (Section 1)
    Inserts a new definition of “gender identity” into Chapter 175, following the existing definition of “Foreign company.”

    • Gender identity means a person’s gender-related identity, appearance, or behavior, which may or may not align with their physiology or sex assigned at birth.
    • Evidence of gender identity may include medical history, care or treatment, consistently asserted identity, or other evidence showing it is sincerely held as part of a person’s core identity. The provision also notes that gender identity should not be asserted for improper purposes.

  • Insertion alongside sex terms in multiple statutory provisions (Sections 2–5)
    The bill adds the term “gender identity” after the word “sex” in various sections of Chapter 175:

    • Section 4C
    • Section 24A
    • Section 120F
    • Section 122 These amendments extend nondiscrimination and related protections to include gender identity wherever the law currently refers to sex.

  • Effective date (Section 6)
    The act would take effect on January 1, 2026.

Affected parties and scope

  • Insurance entities in Massachusetts: Insurers, health plans, and related licensees governed by Chapter 175 would need to apply gender-identity protections wherever the law currently references sex.
  • Policyholders and applicants: Individuals whose gender identity is recognized or asserted would receive protections analogous to those provided on the basis of sex, including in coverage determinations and related insurance services.

Legislative status and timeline

  • Introduced: February 27, 2025 (House No. 1252, by Rep. Livingstone).
  • Referral: Referred to the Committee on Financial Services (February 27, 2025).
  • Hearing: Scheduled for May 13, 2025, from 10:00 AM to 1:00 PM in Room A-2.
  • Senate action: Senate concurred (record shows February 27, 2025).
  • Related bill: HD 3654 is noted as replacing this bill.

Potential impact and considerations

  • The bill would require insurers to integrate gender identity into the legal framework used for sex-based provisions, potentially affecting eligibility, coverage determinations, pricing, and benefits where sex-based distinctions exist.
  • It emphasizes that gender identity must be sincerely held and not used for improper purposes, aligning with broader nondiscrimination objectives.
  • No explicit funding or cost provisions are included; any fiscal impact would depend on how insurers adjust policies and procedures to comply with the amended definitions and cross-referenced sections.

Next steps

  • Monitor the May 13, 2025 hearing for testimony and potential amendments.
  • Track changes through the committee process and any floor actions in both chambers.
  • Note the relationship to HD 3654 and any eventual consolidation or replacement as the legislative process progresses.

Compiled from official sources — confirm details with the bill’s official record.

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