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HD 3654

An Act relative to gender identity in insurance

194th Legislature (2025-2026) Introduced by Jay Livingstone

Expands MA insurance law to treat gender identity as a protected characteristic alongside sex, guiding underwriting and coverage decisions; effective Jan 1, 2026.

Senate concurred
0
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Bill Summary · HD 3654

Summary: An Act relative to gender identity in insurance (HD 3654)

Status and Legislative Actions
- Introduced: February 27, 2025
- Filed: January 17, 2025
- Referred to: House Committee on Financial Services
- Senate concurrence: Achieved (Senate concurred)
- Effective date: January 1, 2026

Purpose and Intent
- The bill adds gender identity as a protected characteristic in Massachusetts insurance law, placing it on par with sex in relevant provisions.
- It defines gender identity and provides a framework for recognizing it as part of a person’s core identity in insurance-related matters, with a caveat against misuse (no improper purpose).

Key Provisions

1) Definition of gender identity (Section 1)
- Inserts a new definition for “Gender identity” into Chapter 175.
- Defines gender identity as a person’s gender-related identity, appearance, or behavior, regardless of differences from birth-assigned sex or traditional expectations.
- Allows evidence to support gender identity, including medical history, care or treatment, consistent assertion of identity, or other evidence that identity is sincerely held.
- Explicitly prohibits asserting gender identity for improper purposes.

2) Add gender identity to specific insurance-related provisions (Sections 2–5)
- Section 2 (amending Section 4C): Adds “gender identity” after “sex” in the relevant line, extending protections or requirements to include gender identity.
- Section 3 (amending Section 24A): Adds “gender identity” after “sex” in the relevant line.
- Section 4 (amending Section 120F): Adds “gender identity” after “sex” in the relevant line.
- Section 5 (amending Section 122): Adds “gender identity” after “sex” in one line, and after “sex” in another line, ensuring inclusion in multiple contexts within the statute.

4) Effective date (Section 6)
- The act takes effect on January 1, 2026.

Who Is Affected

  • Individuals and entities within the Massachusetts insurance market:
    • Policyholders and insureds, including those whose gender identity differs from sex assigned at birth.
    • Prospective insureds seeking coverage or services under insurance plans.
    • Insurance carriers, including health, life, and other types of insurance governed by Chapter 175.
    • Insurance producers, brokers, and employers offering group or self-insured plans may need to align policies with the new protections.

Impact and Implications

  • Non-discrimination: Insurers would be required to consider or treat gender identity in a manner consistent with existing protections related to sex, reducing potential discrimination in underwriting, pricing, coverage determinations, and benefits decisions.
  • Compliance burden: Insurers may need to adjust plan documents, marketing materials, and underwriting practices to reflect the expanded protections.
  • Clarity and enforcement: The explicit definition and clarifications aim to improve consistency in how gender identity is regarded within insurance law and to provide a basis for enforcement against improper use.

Notes

  • The bill emphasizes that gender identity evidence can come from medical history or other credible indicators, but it must be used legitimately.
  • As a proposed act, the provisions would become law after the stated effective date if enacted by the General Court and signed into law.

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

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