The proposed bill in Colorado seeks to amend existing regulations concerning medical malpractice insurance for healthcare providers offering gender-affirming care to minors under 18 years of age. Currently, insurers are prohibited from increasing premiums, refusing to issue, canceling, terminating, or refusing to renew medical malpractice insurance policies for healthcare providers. The bill proposes exceptions to these protections for providers offering gender-affirming care to minors.
Key Provisions of the Bill:
Permissible Actions by Insurers: The bill allows insurers to:
Increase premiums for healthcare providers offering gender-affirming care to minors.
Refuse to issue, cancel, terminate, or refuse to renew medical malpractice insurance policies for these providers.
Prohibition on State Funding: The bill prohibits insurers from accepting state funds for premiums if the malpractice policy covers actions related to providing gender-affirming healthcare services to minors.
Implications:
Impact on Healthcare Providers: These changes could lead to increased financial burdens for providers offering gender-affirming care to minors, potentially affecting their ability to continue providing such services.
Potential Effects on Patient Care: Providers may be deterred from offering gender-affirming care to minors due to financial and professional risks, potentially limiting access to these essential healthcare services.
Summary
Under current law, a medical malpractice insurer (insurer) is
prohibited from increasing premiums for, refusing to issue, canceling, terminating, or refusing to renew a medical malpractice insurance policy (prohibited actions). The bill permits an insurer to take prohibited actions against an applicant or named insured, including an individual health-care professional or business, or against a health-care facility, such as a hospital or clinic, that allows the use of facilities, equipment, or supplies for, or provides, prescribes, orders, or performs, gender-affirming health-care services for an individual who is a minor under 18 years of age.
The bill also prohibits an insurer from accepting state money for
the payment of premiums if the malpractice policy covers actions relating to providing gender-affirming health-care services to minors.
