How do I obtain coverage for gender-affirming care under California law, and what is the process if my claim is denied?
Under California law, most health plans must cover medically necessary gender-affirming care. If your claim is denied, you have a right to a multi-step appeals process, including an independent state review.
Here is how to obtain coverage and appeal a denial:
Step 1: Gather Your Documentation
Work with your healthcare provider to obtain a letter of medical necessity. This letter should explain why the requested treatment is medically necessary for your gender dysphoria, often referencing the World Professional Association for Transgender Health (WPATH) Standards of Care. Also, review your plan’s "Evidence of Coverage" (EOC) document to understand its specific requirements.
Step 2: Submit a Prior Authorization Request
Your doctor will submit a request for pre-approval to your insurance plan before you receive care. This request should include your letter of medical necessity and any other required clinical information.
Step 3: File an Internal Appeal
If your plan denies the request, you must first appeal directly to the plan. You have 180 days from receiving the denial notice to file this internal appeal. Your denial letter will provide specific instructions and deadlines.
Step 4: Request an Independent Medical Review (IMR)
If your plan denies your internal appeal, you can request a free IMR from the state. The IMR is conducted by independent doctors, and their decision is legally binding on your insurance plan. You must apply for an IMR through the correct state agency:
- For most HMOs and some PPOs: File with the Department of Managed Health Care (DMHC).
- For most PPO and other insurance policies: File with the California Department of Insurance (CDI).
Important details and nuances:
California law (H&SC § 1365.5 and Ins. Code § 10140) prohibits health plans from discriminating based on gender identity. A plan cannot deny medically necessary care simply by labeling it "cosmetic" if it is to treat gender dysphoria.
Warnings and limitations:
The appeals process has strict deadlines. Missing a deadline can forfeit your right to appeal. The process described applies to plans regulated by California. Self-funded employer plans (often called "ERISA" plans) may follow a different federal process.
This is general information and does not constitute legal advice. For complex situations, especially if you believe you are facing discrimination, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Health Insurance
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