New Jersey § 30:4d-9

§ 30:4d-9.

a. Notwithstanding the provisions of any other law or regulation to the contrary,

any contract between a carrier and the Division of Medical Assistance and Health Services

in the Department of Human Services that provides benefits to persons who are eligible

for Medicaid under P.L.1968, c. 413 ( C.30:4D-1 et seq. ) shall not contain any provision that discriminates, and the carrier shall not discriminate,

on the basis of a covered person's or prospective covered person's gender identity

or expression or on the basis that the covered person or prospective covered person

is a transgender person. b. The discrimination prohibited by this section shall include: (1) denying, cancelling, limiting or refusing to issue or renew a contract on the

basis of a covered person's or prospective covered person's gender identity or expression,

or for the reason that the covered person or prospective covered person is a transgender

person; (2) demanding or requiring a payment or premium that is based in whole or in part

on a covered person's or prospective covered person's gender identity or expression,

or for the reason that the covered person or prospective covered person is a transgender

person; (3) designating a covered person's or prospective covered person's gender identity

or expression, or the fact that a covered person or prospective covered person is

a transgender person, as a preexisting condition for which coverage will be denied

or limited; or (4) denying or limiting coverage, or denying a claim, for services including but not

limited to the following, due to a covered person's gender identity or expression

or for the reason that the covered person is a transgender person: (a) health care services related to gender transition if coverage is available for

those services under the contract when the services are not related to gender transition,

including but not limited to hormone therapy, hysterectomy, mastectomy, and vocal

training; or (b) health care services that are ordinarily or exclusively available to individuals

of one sex when the denial or limitation is due only to the fact that the covered

person is enrolled as belonging to the other sex or has undergone, or is in the process

of undergoing, gender transition. c. For the purposes of this section: “ Gender expression ” means a person's gender-related appearance and behavior, whether or not stereotypically

associated with the person's assigned sex at birth. “ Gender identity ” means a person's internal sense of their own gender, regardless of the sex the person

was assigned at birth. “ Gender transition ” means the process of changing a person's outward appearance, including physical

sex characteristics, to accord with the person's actual gender identity. “ Transgender person ” means a person who identifies as a gender different from the sex assigned to the

person at birth d. Nothing in this section shall preclude the carrier from performing utilization

review, including periodic review of the medical necessity of a particular service.