The Oregon Department of Justice has published a gender affirming care toolkit online. This toolkit details out the Oregon Shield Law and how it protects Gender Affirming Care access, answers questions about health insurance coverage of gender affirming care in Oregon, how providers are protected, and what Oregon does when other states seek to get access to information about gender affirming care happening in Oregon. It also lists several resources available in Oregon.
WHERE Is This Toolkit?
Check it out here.
WHAT Does Oregon’s Shield Law Do?
Oregon’s sheild law, HB 2002, was enacted in 2023.
It:
- Oregonians aged 15 and up have the right to receive gender affirming care.
- Minors can receive gender affirming care at age 15 without parental permission.
- Commercial insurance, the Oregon Health Plan, and public employee health plans are required to provide coverage for medically necessary gender affirming care in Oregon.
- People who receive, provide, or assist other persons in obtaining gender affirming care in Oregon are protected from civil or criminal actions originating in other states.
- Providers’ malpractice insurance in Oregon is protected from consequences arising from restrictions on care in other states.
Let’s Talk More About Health Insurance
- Insurance providers in Oregon are prohibited from denying or limiting coverage for gender affirming care that is medically necessary.
WTF is Medically Necessary?
“Medically Necessary” care it care that the provider has determined is needed by the patient and is prescribed in accordance with accepted standards of care. Generally, accepted standards of care refer to current WPATH guidelines, and guidelines published by major medical associations.
- Insurance providers cannot categorically deny medically necessary gender affirming care by calling it “cosmetic”. In Oregon, this means that tracheal shaves, hair electrolysis, gender affirming facial procedures and revisions to prior care are covered.
- Insurance providers can only limit or deny access to gender affirming care if a physical or behavioral health care provider with experience in prescribing or providing gender affirming care has reviewed and approved the denial or limitation – an expert has to say that it is reasonable to not support access to care before coverage of that care can be denied or limited.
- You’re supposed to be able to access a provider easily and timely.
- Insurance providers must
- have enough in-network providers so that all enrollees can access gender affirming care without reasonable delay
- if there aren’t enough in-network providers, geographically out-of-network providers must be available at equal cost.
- Insurance providers must
How Does the Oregon Shield Law Protect Providers?
- Allows professionals who provide gender affirming care to keep their personal data private from disclosure under the Oregon Public Records Law
- These providers may also participate in the Address Confidentiality Program
- Oregon licenses may not be suspended, revoked, or refused based on the actions of a licensing board in another state due to providing gender care.
- Oregon regulatory boards may not disclose confidential investigatory information to another entity if they’re asking about gender care services.
- Malpractice insurers may not “take adverse action” against a provider for their care in Oregon if that action is based on providing gender care that is lawful in Oregon.
- Oregon will not enforce the laws of other states concerning gender affirming care if those laws are contrary to Oregon laws.
- This also covers patients and people who assist others in obtaining gender affirming care.
- Oregon will not serve an out of state subpoena related to gender affirming care if that care is lawful in Oregon and not based on a contract.
This publication also lists resources for people in Oregon who are seeking trans healthcare.
Related QueerDoc Articles:
- February 2024: What’s a Shield State, and How Do I Get One?
- Washington State is Safe(r) With Shield Laws
- Washington State Protects Your Right To Gender Affirming Care (March 2025)
- QueerDoc’s Response to the 1/28/25 Executive Order on Youth Care
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