Advocacy groups said Tennessee’s law prohibiting health providers and insurers from collecting data on a minor’s gender identity will diminish preventive measures and “understanding of LGBTQ health.”
The Tennessee Equality Project(TEP) and Human Rights Campaign(HRC) released a study entitled “Medical Censorship In Tennessee, Doctors, Minor Trans Patients, and Insurance.” The organizations released their findings in response to a bill signed by Gov. Bill Lee in April, which they have called an “anti-transgender medical censorship law.”
The law is set to go into effect in October.
HB1665, stops certain healthcare providers, health insurance issuers, managed care organizations, or healthcare reimbursement services from asking gender-identity related questions.
During the legislative session, the bill’s sponsor Rep. Aron Maberry (R-Clarksville) said the bill’s intention was to make sure parents are involved before “sensitive, gender-related questions” are asked.
TEP and HRC called the bill an “unprecedented censorship of clinical practice.”
“Asking minors objective questions abbout gender identity is necessary to access developmentally appropriate and life saving health prevention services,” said TEP legislative analyst Bean Chapman.
Chapman and Chauncey Graham of HRC said the law will be “another failed attempt” to eradicate “the existence of gender minorities from the written record.” They criticized the state’s use of “misleading and stigmatizing statutory language” and said it’s a loss for all Tennesseans.
“Tennessee should expect costly and protracted litigation because of the law’s complex threats to patients and parents, medical professionals and their associations, hospitals, and insurance companies,” the report said.
Researchers said factual evidence has yet to surface and back claims that said asking a minor about their gender identity is “coercive or causative.” The report said several transgender and cisgender minors find these questions helpful.
Forty-four percent of trans and gender-expansive youth who have not expressed their identity to their parents, find connecting with a doctor as a safe way to have “honest conversations” about their health and sexuality.
LGBTQ minors living without insurance, healthcare access, or familial support in the state may only have physicians as a “safe space.”
TEP and HRC said as more LGBTQ youth are out, less than one percent of those aged 13 to 17 in the state are transgender. They noted that intersex people may not identify with the LGBTQ community, but are still targeted by anti-trans legislation.
Furthermore, the report found that health and wellness for Tennessee’s LGBTQ children and youth has been “understudied and underreported.” Researchers noted Tennessee LGBTQ children’s susceptibility to higher rates of suicidal ideation, self-injury, and suicide attempts.
Pediatric physicians are responsible for helping youth have “developmentally and age-appropriate conversations” about gender identity and sexuality, which researchers said can lead to screenings for risks at home and school.
They noted that dealing with trans health care involves an increased skill set, however due to state laws and setbacks, no physicians are “legally able” to provide care for trans minors. This includes updated mental health screening, tratments, and referrals.
“[The] reality is that a small number of professionals have the expertise or abilities to competently treat LGBTQ minors, and the majority are not aware of the specific treatment guidelines for trans and gender nonconforming children,” the report said.
The absence of LGBTQ-centered care for minors increases the prevalence of stigma and decreases awareness of sex education, health, and more. Researchers said the state commitment to adding to anti-trans legislation and discrimination in health care poses a “serious threat” to public health.
