HB 193

02-19 15:55  4th Sub. (Green) H.B. 193
  Nicholeen P. Peck proposes the following substitute bill:
1Transgender Medical Procedures Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Nicholeen P. Peck
  Senate Sponsor: Daniel McCay
2
3   LONG TITLE
4   General Description:
5This bill addresses the use of public employee insurance for certain transgender medical
6   treatments and procedures.
7   Highlighted Provisions:
8This bill:
9▸ subject to a limited exception, prohibits public employee insurance from covering, or
10   paying or reimbursing for the performance of, certain transgender medical treatments or
11   procedures;
12▸ provides that if, before May 6, 2026, public employee insurance paid or reimbursed for a
13   procedure to transition an individual from the individual's biological sex, public
14   employee insurance must offer the same type and amount of insurance coverage for a
15   procedure to restore that individual, to the extent possible, to that individual's biological
16   sex;
17▸ includes an indemnity provision; and
  4th Sub. H.B. 193
18▸ makes technical changes.
19   Money Appropriated in this Bill:
20None
21   Other Special Clauses:
22None
23   Utah Code Sections Affected:
24   ENACTS:
2563G-34-101, Utah Code Annotated 1953
2663G-34-201, Utah Code Annotated 1953
2763G-34-202, Utah Code Annotated 1953
2863G-34-203, Utah Code Annotated 1953
 4th Sub. (Green) H.B. 193  02-19 15:55
29
30   Be it enacted by the Legislature of the state of Utah:
31Section 1. Section 63G-34-101 is enacted to read:
32CHAPTER 34. Limitations on Government
33Part 1. General Provisions
3463G-34-101 . Definitions.
35      Reserved
36Section 2. Section 63G-34-201 is enacted to read:
37Part 2. Limitations on Health Insurance Coverage
3863G-34-201 . Definitions.
39      As used in this part:
40   (1) "Covered individual" means:
41(a) an employee covered by public insurance; or
42(b) an individual covered by public insurance as a dependent of an employee.
43   (2) "Employee" means an individual employed by a public employer.
44   (3) "Hormonal transgender treatment" means the same as that term is defined in Section
4558-1-603.
46   (4) "Public employee insurance" means group health insurance coverage offered by a public
47employer to an eligible employee or a dependent of an eligible employee.
48   (5) "Public employer" means an employer that is:
49(a) state government or a branch of state government;
50(b) a political subdivision of the state;
51(c) a subunit of an entity described in Subsection (5)(a) or (b); or
52(d) a state institution of higher education.
53Section 3. Section 63G-34-202 is enacted to read:
5463G-34-202 . Payment for transgender treatment or procedure using public
55   employee insurance prohibited -- Exception -- Coverage for detransitioning.
56   (1) Public employee insurance may not, either directly or indirectly, offer coverage, or be
57used to pay or otherwise reimburse, for the performance of:
58(a) except as provided in Subsection (2), hormonal transgender treatment;
59(b) a primary sex characteristic surgical procedure as defined in Section 58-67-102; or
60(c) a secondary sex change characteristic surgical procedure as defined in Section
6158-67-102.
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 02-19 15:55  4th Sub. (Green) H.B. 193
62   (2) If, on May 5, 2026, a covered individual was undergoing hormonal transgender
63treatment that was, as of that date, payable or reimbursable under public employee
64insurance, the covered individual may complete that course of treatment on the same
65terms of payment or reimbursement that were available for that course of treatment on
66May 5, 2026, until that course of treatment ends, if the physician overseeing that course
67of treatment determines that it is medically necessary to continue the course of treatment.
68   (3) If, before May 6, 2026, public employee insurance paid or otherwise reimbursed a
69person, either directly or indirectly, for the treatment or a surgical procedure described in
70Subsection (1) that was performed before May 6, 2026, to transition a covered
71individual from the individual's biological sex, public employee insurance shall offer the
72same type and amount of coverage for treatment or a surgical procedure to restore that
73covered individual, to the extent possible, to that covered individual's biological sex.
74Section 4. Section 63G-34-203 is enacted to read:
7563G-34-203 . Indemnification.
76      The state shall defend, indemnify, and hold harmless a person acting under color of state
77   law to enforce this part for any claims or damages, including court costs and attorney fees, that:
78   (1) are brought or incurred as a result of this part; and
79   (2) are not covered by the person's insurance policies or by a coverage agreement issued by
80the State Risk Management Fund.
81Section 5. Effective Date.
82   This bill takes effect on May 6, 2026.
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