Impact of Anti-Discrimination Legislation on Access to Gender-affirming Care: A Commercial Claims Analysis

Objective:

To examine the temporal relationship between the anti-discrimination rules of the Affordable Care Act, which took full effect in 2017, and the incidence of commercial claims for gender-affirming care, as well as cost sharing for these services.

Methods:
We used a previously described algorithm to define a cohort of gender-diverse adults in the MarketScan Commercial Claims and Encounters Database. Claims for gender-affirming medical and surgical care were identified using International Classification of Diseases and Current Procedural Terminology codes plus pharmacy data; the annual incidence of surgical claims was calculated. Interrupted time series analyses were used to evaluate the temporal relationship between claims and anti-discrimination legislation. Claims data were also used to evaluate the patient contribution towards services.

Results:
There were 70,733 gender-diverse adults included in the study and 36,702 (51.9%) of them filed claims for gender-affirming care. The incidence of persons with claims for gender-affirming surgery increased from 0.002% in 2009 to 0.012% in 2021. Interrupted time series analyses demonstrated a greater year-to-year increase in claims after anti-discrimination policy influences took effect. This change was greatest for transmasculine chest procedures. The median lifetime net payment for gender-affirming surgery was $12,429.10 and cost sharing was $1019.20 (8.6%).

Conclusion:
Commercial claims for gender-affirming surgery increased temporally with respect to implementation of anti-discrimination legislation and cost-sharing was reasonably low. However, many gender-diverse persons did not have claims for gender-affirming care, which may indicate continued out-of-pocket payment for these services.

Eric Walton,1 Pranay Manda,2 Dattatraya Patil,2 Akanksha Mehta2
  1. Department of Urology, Emory University School of Medicine, Atlanta, GA.
  2. Department of Urology, Emory University School of Medicine, Atlanta, GA.
PubMed
Walton E, Manda P, Patil D, Mehta A. Impact of Anti-Discrimination Legislation on Access to Gender-affirming Care: A Commercial Claims Analysis. Urology. 2024 Jun 2:S0090-4295(24)00419-9. doi: 10.1016/j.urology.2024.05.025. Epub ahead of print. PMID: 38834147.