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Arkansas DHS, insurance regulators urge caution over proposed HHS nondiscrimination rule that could affect coverage for gender‑affirming care
Summary
State Department of Human Services and the Arkansas Insurance Department told the joint Insurance & Commerce committee a proposed HHS nondiscrimination rule is a proposed rule that appears to try to apply the Supreme Court—s Bostock employment reasoning to health‑care coverage and may exceed federal authority; the state submitted formal comments to HHS and promised follow‑up with insurers on cost impacts.
State Department of Human Services and insurance regulators told the joint Insurance & Commerce committee on June 21 that a proposed HHS nondiscrimination rule could expand health‑plan obligations and raise legal and cost questions for Arkansas.
Mark White of the Department of Human Services said the rule is a proposed regulation that would restore and expand nondiscrimination language removed in 2020 and ‘‘appear[s] to try to take the reasoning and the rationale from the Bostock decision’’ and apply it outside the employment context. White added: ‘‘We think that setting aside whether it's a good idea or not ... legally we just don't think they have the authority to do it.’’
White said the rule's scope reaches Medicaid and Medicare and, in his reading, could apply ‘‘directly or indirectly'to all health…
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