SB 2118

This bill prohibits the division of TennCare ("division"") from provid ing coverage or reimbursement for a medical procedure if the performance or administration of the procedure is for the purpose of (i) e nabling an individual to identify with, or live as, a purported identity inconsistent with the individual's sex or ( ii ) t reating purported discomfort or distress from a discordance between the individual's sex and asserted identity. These provisions apply to medical procedures that are p erformed or admini stered in this state or p erformed or administered on an individual located in this state, including via telehealth. As used in these provisions, a ""medical procedure"" means ( i ) s urgically removing, modifying, altering, or entering into tissues, cavities, or organs of a human being; or ( ii ) p rescribing, administering, or dispensing any puberty blocker, androgen, or estrogen to a human being . EXEMPTIONS This bill provides that it is not a violation of this bill if the division provides medical assistance coverage or reimbursement for a medical procedure performed on or administered to an individual, if any of the following circumstances occur:  The performance or administration of the medical procedure is to treat an individual's congenital defect, precocious puberty, disease, or physical injury . As used in this exemption, ""disease"" does not include gender dysphoria, gender identity disorder, gender incongruence, or any mental condition, disorder, disability, or abnormality.  The performance or administration of the medical procedure on the individual began prior to the effective date of this bill and concludes on or before March 31, 2027. However, for this exemption to apply, the individual's treating physician must certify in writing that, in the physician's good faith medical judgment, based upon the facts known to the physician at the time, ending the medical procedure would be harmful to the individual. The certification must include the findings supporting the certification and must be made a part of the individual's medical record. Additionally, this exemption does not allow the division to provide coverage or reimbursement for the performance or administration of a medical procedure that is different from the medical procedure performed prior to the effective date of this act when the sole purpose of the subsequent medical procedure is to (i) e nable the individual to identify with, or live as, a purported identity inconsistent with the individual's sex or (ii) t reat purported discomfort or distress from a discordance between the individual's sex and asserted identity."