[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9743 Introduced in House (IH)]

<DOC>






119th CONGRESS
  2d Session
                                H. R. 9743

  To amend title XXVII of the Public Health Service Act, the Employee 
 Retirement Income Security Act of 1974, and the Internal Revenue Code 
  of 1986 to require group health plans and health insurance issuers 
  offering group or individual health insurance coverage that provide 
benefits for sex-rejecting procedures to provide benefits for items and 
services to address the harms caused by sex-rejecting procedures and to 
  restore healthy human form and functioning, to the greatest extent 
                              practicable.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2026

Mrs. Harshbarger (for herself, Mr. Carter of Georgia, Mr. McGuire, Mr. 
 Kennedy of Utah, Mr. Carter of Texas, Mr. Fuller, Mr. Van Epps, Mrs. 
   Biggs of South Carolina, Mr. Babin, Mrs. Miller of Illinois, Mr. 
  Stutzman, Mr. Hamadeh of Arizona, and Mr. Ciscomani) introduced the 
   following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committees on Education and Workforce, 
 and Ways and Means, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend title XXVII of the Public Health Service Act, the Employee 
 Retirement Income Security Act of 1974, and the Internal Revenue Code 
  of 1986 to require group health plans and health insurance issuers 
  offering group or individual health insurance coverage that provide 
benefits for sex-rejecting procedures to provide benefits for items and 
services to address the harms caused by sex-rejecting procedures and to 
  restore healthy human form and functioning, to the greatest extent 
                              practicable.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Treatment and Restoration Uniformity 
and Transparency in Health Coverage Act of 2026'' or the ``TRUTH in 
Coverage Act of 2026''.

SEC. 2. REQUIRING GROUP HEALTH PLANS AND HEALTH INSURANCE ISSUERS 
              OFFERING GROUP OR INDIVIDUAL HEALTH INSURANCE COVERAGE 
              THAT PROVIDE BENEFITS FOR SEX-REJECTING PROCEDURES TO 
              PROVIDE BENEFITS FOR ITEMS AND SERVICES TO ADDRESS THE 
              HARMS OF SUCH PROCEDURES.

    (a) PHSA.--Part D of title XXVII of the Public Health Service Act 
(42 U.S.C. 300gg-111 et seq.) is amended by adding at the end the 
following new section:

``SEC. 2799A-12. REQUIRED COVERAGE OF ITEMS AND SERVICES TO ADDRESS THE 
              HARMS OF SEX-REJECTING PROCEDURES.

    ``(a) In General.--A group health plan and a health insurance 
issuer offering group or individual health insurance coverage shall, in 
the case such plan or coverage provides benefits with respect to any 
sex-rejecting procedure, also provide benefits for items and services 
furnished to an individual who has received any such procedure to 
address the harms of such procedure (including restorative care), 
regardless of whether--
            ``(1) such individual received benefits with respect to the 
        sex-rejecting procedure under the individual's plan or 
        coverage; or
            ``(2) such plan or issuer provides benefits under the 
        individual's plan or coverage for the sex-rejecting procedure.
    ``(b) Application of Financial Requirements and Treatment 
Limitations.--A group health plan and a health insurance issuer 
offering group or individual health insurance coverage shall ensure 
that, with respect to items and services for which benefits to address 
the harms of sex-rejecting procedures are required to be provided under 
such plan or coverage under subsection (a)--
            ``(1) the financial requirements applicable to such items 
        and services are no more restrictive than the predominant 
        financial requirements applied to substantially all medical and 
        surgical benefits covered by the plan or coverage and there are 
        no separate cost-sharing requirements that are applicable only 
        with respect to such items and services; and
            ``(2) the treatment limitations applicable to such items 
        and services are no more restrictive than the predominant 
        treatment limitations applied to substantially all medical and 
        surgical benefits covered by the plan or coverage and there are 
        no separate treatment limitations that are applicable only with 
        respect to such items and services.
    ``(c) Definitions.--In this section:
            ``(1) Female.--Referring to a natural person, the term 
        `female' means an individual characterized by a reproductive 
        system naturally organized to produce (at maturity, absent 
        disruption or congenital anomaly) large gametes (ova).
            ``(2) Financial requirement; predominant; treatment 
        limitation.--The terms `financial requirement', `predominant', 
        and `treatment limitation' have the meaning given such terms in 
        clauses (i) through (iii), respectively, of section 
        2726(a)(3)(B), except that the term `financial requirement' 
        shall include aggregate lifetime limits and annual limits.
            ``(3) Male.--Referring to a natural person, the term `male' 
        means an individual characterized by a reproductive system 
        naturally organized to produce (at maturity, absent disruption 
        or congenital anomaly) small gametes (sperm).
            ``(4) Restorative care.--The term `restorative care' means 
        items and services furnished to an individual who has received 
        any sex-rejecting procedure at any point during the 
        individual's lifetime to address, mitigate, monitor, treat, or 
        reverse the harms, complications, and adverse effects of such 
        procedure, including interventions intended to restore, to the 
        greatest extent practicable, healthy human form and 
        functioning. Such care includes items and services furnished to 
        address--
                    ``(A) impaired reproductive capacity, diminished 
                ovarian reserve, impaired spermatogenesis, or other 
                reproductive-system injury;
                    ``(B) endocrine dysfunction, hormonal imbalance, 
                hypogonadism, dependence on exogenous hormones, or 
                other disruption of healthy endocrine function;
                    ``(C) impaired sexual function, including loss of 
                sexual sensation, anorgasmia, erectile dysfunction, 
                genital pain, vaginal stenosis, diminished libido, or 
                other sexual dysfunction;
                    ``(D) urinary dysfunction, including urinary 
                incontinence, urinary retention, urethral 
                complications, recurrent urinary tract infections, or 
                other genitourinary injury;
                    ``(E) resultant vocal cord damage, permanent voice 
                changes, vocal dysfunction, or impaired speech;
                    ``(F) female hirsutism, male-pattern baldness, 
                breast atrophy, breast development, or other secondary-
                sex-characteristic changes caused by cross-sex 
                hormones;
                    ``(G) osteoporosis, osteopenia, impaired bone 
                development, fractures, reduced bone density, or other 
                skeletal disorders associated with puberty suppression 
                or cross-sex hormone use;
                    ``(H) cardiovascular disease, thromboembolic 
                disease, hypertension, stroke, myocardial infarction, 
                metabolic syndrome, diabetes, or other cardiovascular 
                or metabolic complications associated with such 
                procedures;
                    ``(I) surgical complications, including infection, 
                fistula formation, stenosis, tissue necrosis, chronic 
                pain, nerve damage, graft failure, implant 
                complications, wound complications, or the need for 
                revision surgery;
                    ``(J) loss, removal, alteration, or impairment of 
                healthy reproductive organs, breasts, genital 
                structures, or other healthy tissues;
                    ``(K) reconstructive, regenerative, prosthetic, 
                plastic, or other surgical interventions intended to 
                restore healthy anatomy, appearance, or physiological 
                function;
                    ``(L) rehabilitation services, including speech 
                therapy, physical therapy, occupational therapy, pelvic 
                floor therapy, sexual health counseling, and other 
                therapies intended to restore healthy functioning;
                    ``(M) psychiatric or psychological conditions 
                associated with or exacerbated by such procedures, 
                including depression, anxiety, trauma, suicidality, 
                grief, regret, identity distress, body-image 
                disturbance, or dissociation;
                    ``(N) diagnostic testing, specialist evaluations, 
                fertility assessments, hormone monitoring, cancer 
                screening, and long-term medical surveillance 
                necessitated by altered anatomy or prior exposure to 
                puberty blockers, cross-sex hormones, or sex-rejecting 
                surgeries;
                    ``(O) fertility services that seek to cooperate 
                with, or restore the healthy physiology and anatomy of, 
                the human reproductive system, without the use of 
                methods that circumvent natural human functions, such 
                as any treatments or procedures that involve the 
                handling of a human egg or embryo outside the body;
                    ``(P) breast cancer in men on estrogen and certain 
                cancers in women on testosterone; and
                    ``(Q) any other physical, psychological, 
                reproductive, endocrine, neurologic, cardiovascular, 
                musculoskeletal, or metabolic injury, impairment, 
                complication, or condition resulting from or associated 
                with a sex-rejecting procedure.
            ``(5) Sex.--The term `sex', when referring to an 
        individual's sex, means to refer to either male or female, as 
        genetically determined at fertilization.
            ``(6) Sex-rejecting procedure.--
                    ``(A) In general.--The term `sex-rejecting 
                procedure' means any medical or surgical intervention 
                for the purpose of attempting to align an individual's 
                physical appearance or body with an asserted identity 
                that differs from the individual's sex, including--
                            ``(i) gonadotropin-releasing hormone (GnRH) 
                        agonists or any other puberty-blocking or 
                        suppressing drugs to stop or delay normal 
                        puberty;
                            ``(ii) testosterone, dihydrotestosterone 
                        (DHT), or other androgens, estrogen, 
                        progesterone, to an individual at doses that 
                        are supraphysiologic to what would normally be 
                        produced endogenously in a healthy individual 
                        of the same age and sex, as well as anti-
                        androgen medications;
                            ``(iii) castration;
                            ``(iv) orchiectomy;
                            ``(v) scrotoplasty;
                            ``(vi) implantation of erection or 
                        testicular prostheses;
                            ``(vii) vasectomy;
                            ``(viii) hysterectomy;
                            ``(ix) oophorectomy;
                            ``(x) ovariectomy;
                            ``(xi) reconstruction of the fixed part of 
                        the urethra with or without a metoidioplasty or 
                        a phalloplasty;
                            ``(xii) metoidioplasty;
                            ``(xiii) penectomy;
                            ``(xiv) phalloplasty;
                            ``(xv) vaginoplasty;
                            ``(xvi) clitoroplasty;
                            ``(xvii) vaginectomy;
                            ``(xviii) vulvoplasty;
                            ``(xix) reduction thyrochondroplasty;
                            ``(xx) chondrolaryngoplasty;
                            ``(xxi) mastectomy;
                            ``(xxii) tubal ligation;
                            ``(xxiii) sterilization;
                            ``(xxiv) any plastic, cosmetic, or 
                        aesthetic surgery that feminizes or 
                        masculinizes the facial or other physiological 
                        features of an individual;
                            ``(xxv) any placement of chest implants to 
                        create feminine breasts;
                            ``(xxvi) any placement of fat or artificial 
                        implants in the gluteal region;
                            ``(xxvii) augmentation mammoplasty;
                            ``(xxviii) liposuction;
                            ``(xxix) lipofilling;
                            ``(xxx) voice surgery;
                            ``(xxxi) hair reconstruction;
                            ``(xxxii) pectoral implants; and
                            ``(xxxiii) the removal of any otherwise 
                        healthy or non-diseased body part or tissue.
                    ``(B) Exceptions.--The term `sex-rejecting 
                procedure' does not include the following when 
                furnished by a health care professional with the 
                consent of such individual or, if applicable, such 
                individual's parents or legal guardian:
                            ``(i) Services to individuals born with a 
                        medically verifiable disorder of sex 
                        development, including an individual with 
                        external sex characteristics that are 
                        irresolvably ambiguous, such as an individual 
                        born with 46,XX chromosomes with virilization, 
                        an individual born with 46,XY chromosomes with 
                        undervirilization, or an individual born having 
                        both ovarian and testicular tissue.
                            ``(ii) Services provided when a physician 
                        has otherwise diagnosed a disorder of sex 
                        development in which the physician has 
                        determined through genetic or biochemical 
                        testing that the individual does not have 
                        healthy sex chromosome structure, sex steroid 
                        hormone production, or sex steroid hormone 
                        action for a healthy individual of the same sex 
                        and age.
                            ``(iii) The treatment of any infection, 
                        injury, disease, or disorder that has been 
                        caused by or exacerbated by the performance of 
                        sex-rejecting procedures, whether or not the 
                        sex-rejecting procedure was performed in 
                        accordance with State and Federal law and 
                        whether or not funding for the procedure is 
                        permissible under this section.
                            ``(iv) Any procedure undertaken because the 
                        individual suffers from a physical disorder, 
                        physical injury, or physical illness (but not 
                        claimed mental distress) that would, as 
                        certified by a physician, place the individual 
                        in imminent danger of death or impairment of 
                        major bodily function, unless the procedure is 
                        performed.
                            ``(v) Puberty suppression or blocking 
                        prescription drugs for the purpose of 
                        normalizing puberty for a minor experiencing 
                        precocious puberty.
                            ``(vi) Male circumcision.''.
    (b) ERISA.--
            (1) In general.--Subpart B of part 7 of subtitle B of title 
        I of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1185 et seq.) is amended by adding at the end the 
        following new section:

``SEC. 727. REQUIRED COVERAGE OF ITEMS AND SERVICES TO ADDRESS THE 
              HARMS OF SEX-REJECTING PROCEDURES.

    ``(a) In General.--A group health plan and a health insurance 
issuer offering group health insurance coverage shall, in the case such 
plan or coverage provides benefits with respect to any sex-rejecting 
procedure, also provide benefits for items and services furnished to an 
individual who has received any such procedure to address the harms of 
such procedure (including restorative care), regardless of whether--
            ``(1) such individual received benefits with respect to the 
        sex-rejecting procedure under the individual's plan or 
        coverage; or
            ``(2) such plan or issuer provides benefits under the 
        individual's plan or coverage for the sex-rejecting procedure.
    ``(b) Application of Financial Requirements and Treatment 
Limitations.--A group health plan and a health insurance issuer 
offering group health insurance coverage shall ensure that, with 
respect to items and services for which benefits to address the harms 
of sex-rejecting procedures are required to be provided under such plan 
or coverage under subsection (a)--
            ``(1) the financial requirements applicable to such items 
        and services are no more restrictive than the predominant 
        financial requirements applied to substantially all medical and 
        surgical benefits covered by the plan or coverage and there are 
        no separate cost-sharing requirements that are applicable only 
        with respect to such items and services; and
            ``(2) the treatment limitations applicable to such items 
        and services are no more restrictive than the predominant 
        treatment limitations applied to substantially all medical and 
        surgical benefits covered by the plan or coverage and there are 
        no separate treatment limitations that are applicable only with 
        respect to such items and services.
    ``(c) Definitions.--In this section:
            ``(1) Female.--Referring to a natural person, the term 
        `female' means an individual characterized by a reproductive 
        system naturally organized to produce (at maturity, absent 
        disruption or congenital anomaly) large gametes (ova).
            ``(2) Financial requirement; predominant; treatment 
        limitation.--The terms `financial requirement', `predominant', 
        and `treatment limitation' have the meaning given such terms in 
        clauses (i) through (iii), respectively, of section 
        712(a)(3)(B), except that the term `financial requirement' 
        shall include aggregate lifetime limits and annual limits.
            ``(3) Male.--Referring to a natural person, the term `male' 
        means an individual characterized by a reproductive system 
        naturally organized to produce (at maturity, absent disruption 
        or congenital anomaly) small gametes (sperm).
            ``(4) Restorative care.--The term `restorative care' means 
        items and services furnished to an individual who has received 
        any sex-rejecting procedure at any point during the 
        individual's lifetime to address, mitigate, monitor, treat, or 
        reverse the harms, complications, and adverse effects of such 
        procedure, including interventions intended to restore, to the 
        greatest extent practicable, healthy human form and 
        functioning. Such care includes items and services furnished to 
        address--
                    ``(A) impaired reproductive capacity, diminished 
                ovarian reserve, impaired spermatogenesis, or other 
                reproductive-system injury;
                    ``(B) endocrine dysfunction, hormonal imbalance, 
                hypogonadism, dependence on exogenous hormones, or 
                other disruption of healthy endocrine function;
                    ``(C) impaired sexual function, including loss of 
                sexual sensation, anorgasmia, erectile dysfunction, 
                genital pain, vaginal stenosis, diminished libido, or 
                other sexual dysfunction;
                    ``(D) urinary dysfunction, including urinary 
                incontinence, urinary retention, urethral 
                complications, recurrent urinary tract infections, or 
                other genitourinary injury;
                    ``(E) resultant vocal cord damage, permanent voice 
                changes, vocal dysfunction, or impaired speech;
                    ``(F) female hirsutism, male-pattern baldness, 
                breast atrophy, breast development, or other secondary-
                sex-characteristic changes caused by cross-sex 
                hormones;
                    ``(G) osteoporosis, osteopenia, impaired bone 
                development, fractures, reduced bone density, or other 
                skeletal disorders associated with puberty suppression 
                or cross-sex hormone use;
                    ``(H) cardiovascular disease, thromboembolic 
                disease, hypertension, stroke, myocardial infarction, 
                metabolic syndrome, diabetes, or other cardiovascular 
                or metabolic complications associated with such 
                procedures;
                    ``(I) surgical complications, including infection, 
                fistula formation, stenosis, tissue necrosis, chronic 
                pain, nerve damage, graft failure, implant 
                complications, wound complications, or the need for 
                revision surgery;
                    ``(J) loss, removal, alteration, or impairment of 
                healthy reproductive organs, breasts, genital 
                structures, or other healthy tissues;
                    ``(K) reconstructive, regenerative, prosthetic, 
                plastic, or other surgical interventions intended to 
                restore healthy anatomy, appearance, or physiological 
                function;
                    ``(L) rehabilitation services, including speech 
                therapy, physical therapy, occupational therapy, pelvic 
                floor therapy, sexual health counseling, and other 
                therapies intended to restore healthy functioning;
                    ``(M) psychiatric or psychological conditions 
                associated with or exacerbated by such procedures, 
                including depression, anxiety, trauma, suicidality, 
                grief, regret, identity distress, body-image 
                disturbance, or dissociation;
                    ``(N) diagnostic testing, specialist evaluations, 
                fertility assessments, hormone monitoring, cancer 
                screening, and long-term medical surveillance 
                necessitated by altered anatomy or prior exposure to 
                puberty blockers, cross-sex hormones, or sex-rejecting 
                surgeries;
                    ``(O) fertility services that seek to cooperate 
                with, or restore the healthy physiology and anatomy of, 
                the human reproductive system, without the use of 
                methods that circumvent natural human functions, such 
                as any treatments or procedures that involve the 
                handling of a human egg or embryo outside the body;
                    ``(P) breast cancer in men on estrogen and certain 
                cancers in women on testosterone; and
                    ``(Q) any other physical, psychological, 
                reproductive, endocrine, neurologic, cardiovascular, 
                musculoskeletal, or metabolic injury, impairment, 
                complication, or condition resulting from or associated 
                with a sex-rejecting procedure.
            ``(5) Sex.--The term `sex', when referring to an 
        individual's sex, means to refer to either male or female, as 
        genetically determined at fertilization.
            ``(6) Sex-rejecting procedure.--
                    ``(A) In general.--The term `sex-rejecting 
                procedure' means any medical or surgical intervention 
                for the purpose of attempting to align an individual's 
                physical appearance or body with an asserted identity 
                that differs from the individual's sex, including--
                            ``(i) gonadotropin-releasing hormone (GnRH) 
                        agonists or any other puberty-blocking or 
                        suppressing drugs to stop or delay normal 
                        puberty;
                            ``(ii) testosterone, dihydrotestosterone 
                        (DHT), or other androgens, estrogen, 
                        progesterone, to an individual at doses that 
                        are supraphysiologic to what would be produced 
                        endogenously in a healthy individual of the 
                        same age and sex, as well as anti-androgen 
                        medications;
                            ``(iii) castration;
                            ``(iv) orchiectomy;
                            ``(v) scrotoplasty;
                            ``(vi) implantation of erection or 
                        testicular prostheses;
                            ``(vii) vasectomy;
                            ``(viii) hysterectomy;
                            ``(ix) oophorectomy;
                            ``(x) ovariectomy;
                            ``(xi) reconstruction of the fixed part of 
                        the urethra with or without a metoidioplasty or 
                        a phalloplasty;
                            ``(xii) metoidioplasty;
                            ``(xiii) penectomy;
                            ``(xiv) phalloplasty;
                            ``(xv) vaginoplasty;
                            ``(xvi) clitoroplasty;
                            ``(xvii) vaginectomy;
                            ``(xviii) vulvoplasty;
                            ``(xix) reduction thyrochondroplasty;
                            ``(xx) chondrolaryngoplasty;
                            ``(xxi) mastectomy;
                            ``(xxii) tubal ligation;
                            ``(xxiii) sterilization;
                            ``(xxiv) any plastic, cosmetic, or 
                        aesthetic surgery that feminizes or 
                        masculinizes the facial or other physiological 
                        features of an individual;
                            ``(xxv) any placement of chest implants to 
                        create feminine breasts;
                            ``(xxvi) any placement of fat or artificial 
                        implants in the gluteal region;
                            ``(xxvii) augmentation mammoplasty;
                            ``(xxviii) liposuction;
                            ``(xxix) lipofilling;
                            ``(xxx) voice surgery;
                            ``(xxxi) hair reconstruction;
                            ``(xxxii) pectoral implants; and
                            ``(xxxiii) the removal of any otherwise 
                        healthy or non-diseased body part or tissue.
                    ``(B) Exceptions.--The term `sex-rejecting 
                procedure' does not include the following when 
                furnished by a health care professional with the 
                consent of such individual or, if applicable, such 
                individual's parents or legal guardian:
                            ``(i) Services to individuals born with a 
                        medically verifiable disorder of sex 
                        development, including an individual with 
                        external sex characteristics that are 
                        irresolvably ambiguous, such as an individual 
                        born with 46,XX chromosomes with virilization, 
                        an individual born with 46,XY chromosomes with 
                        undervirilization, or an individual born having 
                        both ovarian and testicular tissue.
                            ``(ii) Services provided when a physician 
                        has otherwise diagnosed a disorder of sex 
                        development in which the physician has 
                        determined through genetic or biochemical 
                        testing that the individual does not have 
                        healthy sex chromosome structure, sex steroid 
                        hormone production, or sex steroid hormone 
                        action for a healthy individual of the same sex 
                        and age.
                            ``(iii) The treatment of any infection, 
                        injury, disease, or disorder that has been 
                        caused by or exacerbated by the performance of 
                        sex-rejecting procedures, whether or not the 
                        sex-rejecting procedure was performed in 
                        accordance with State and Federal law and 
                        whether or not funding for the procedure is 
                        permissible under this section.
                            ``(iv) Any procedure undertaken because the 
                        individual suffers from a physical disorder, 
                        physical injury, or physical illness (but not 
                        claimed mental distress) that would, as 
                        certified by a physician, place the individual 
                        in imminent danger of death or impairment of 
                        major bodily function, unless the procedure is 
                        performed.
                            ``(v) Puberty suppression or blocking 
                        prescription drugs for the purpose of 
                        normalizing puberty for a minor experiencing 
                        precocious puberty.
                            ``(vi) Male circumcision.''.
            (2) Clerical amendment.--The table of contents in section 1 
        of the Employee Retirement Income Security Act of 1974 (29 
        U.S.C. 1001 note) is amended by inserting after the item 
        relating to section 726 the following new item:

``Sec. 727. Required coverage of items and services to address the 
                            harms of sex-rejecting procedures.''.
    (c) IRC.--
            (1) In general.--Subchapter B of chapter 100 of the 
        Internal Revenue Code of 1986 is amended by adding at the end 
        the following new section:

``SEC. 9827. REQUIRED COVERAGE OF ITEMS AND SERVICES TO ADDRESS THE 
              HARMS OF SEX-REJECTING PROCEDURES.

    ``(a) In General.--A group health plan shall, in the case such plan 
provides benefits with respect to any sex-rejecting procedure, also 
provide benefits for items and services furnished to an individual who 
has received any such procedure to address the harms of such procedure 
(including restorative care), regardless of whether--
            ``(1) such individual received benefits with respect to the 
        sex-rejecting procedure under the individual's plan; or
            ``(2) such plan provides benefits under the individual's 
        plan for the sex-rejecting procedure.
    ``(b) Application of Financial Requirements and Treatment 
Limitations.--A group health plan shall ensure that, with respect to 
items and services for which benefits to address the harms of sex-
rejecting procedures are required to be provided under such plan under 
subsection (a)--
            ``(1) the financial requirements applicable to such items 
        and services are no more restrictive than the predominant 
        financial requirements applied to substantially all medical and 
        surgical benefits covered by the plan and there are no separate 
        cost-sharing requirements that are applicable only with respect 
        to such items and services; and
            ``(2) the treatment limitations applicable to such items 
        and services are no more restrictive than the predominant 
        treatment limitations applied to substantially all medical and 
        surgical benefits covered by the plan and there are no separate 
        treatment limitations that are applicable only with respect to 
        such items and services.
    ``(c) Definitions.--In this section:
            ``(1) Female.--Referring to a natural person, the term 
        `female' means an individual characterized by a reproductive 
        system naturally organized to produce (at maturity, absent 
        disruption or congenital anomaly) large gametes (ova).
            ``(2) Financial requirement; predominant; treatment 
        limitation.--The terms `financial requirement', `predominant', 
        and `treatment limitation' have the meaning given such terms in 
        clauses (i) through (iii), respectively, of section 
        9812(a)(3)(B), except that the term `financial requirement' 
        shall include aggregate lifetime limits and annual limits.
            ``(3) Male.--Referring to a natural person, the term `male' 
        means an individual characterized by a reproductive system 
        naturally organized to produce (at maturity, absent disruption 
        or congenital anomaly) small gametes (sperm).
            ``(4) Restorative care.--The term `restorative care' means 
        items and services furnished to an individual who has received 
        any sex-rejecting procedure at any point during the 
        individual's lifetime to address, mitigate, monitor, treat, or 
        reverse the harms, complications, and adverse effects of such 
        procedure, including interventions intended to restore, to the 
        greatest extent practicable, healthy human form and 
        functioning. Such care includes items and services furnished to 
        address--
                    ``(A) impaired reproductive capacity, diminished 
                ovarian reserve, impaired spermatogenesis, or other 
                reproductive-system injury;
                    ``(B) endocrine dysfunction, hormonal imbalance, 
                hypogonadism, dependence on exogenous hormones, or 
                other disruption of healthy endocrine function;
                    ``(C) impaired sexual function, including loss of 
                sexual sensation, anorgasmia, erectile dysfunction, 
                genital pain, vaginal stenosis, diminished libido, or 
                other sexual dysfunction;
                    ``(D) urinary dysfunction, including urinary 
                incontinence, urinary retention, urethral 
                complications, recurrent urinary tract infections, or 
                other genitourinary injury;
                    ``(E) resultant vocal cord damage, permanent voice 
                changes, vocal dysfunction, or impaired speech;
                    ``(F) female hirsutism, male-pattern baldness, 
                breast atrophy, breast development, or other secondary-
                sex-characteristic changes caused by cross-sex 
                hormones;
                    ``(G) osteoporosis, osteopenia, impaired bone 
                development, fractures, reduced bone density, or other 
                skeletal disorders associated with puberty suppression 
                or cross-sex hormone use;
                    ``(H) cardiovascular disease, thromboembolic 
                disease, hypertension, stroke, myocardial infarction, 
                metabolic syndrome, diabetes, or other cardiovascular 
                or metabolic complications associated with such 
                procedures;
                    ``(I) surgical complications, including infection, 
                fistula formation, stenosis, tissue necrosis, chronic 
                pain, nerve damage, graft failure, implant 
                complications, wound complications, or the need for 
                revision surgery;
                    ``(J) loss, removal, alteration, or impairment of 
                healthy reproductive organs, breasts, genital 
                structures, or other healthy tissues;
                    ``(K) reconstructive, regenerative, prosthetic, 
                plastic, or other surgical interventions intended to 
                restore healthy anatomy, appearance, or physiological 
                function;
                    ``(L) rehabilitation services, including speech 
                therapy, physical therapy, occupational therapy, pelvic 
                floor therapy, sexual health counseling, and other 
                therapies intended to restore healthy functioning;
                    ``(M) psychiatric or psychological conditions 
                associated with or exacerbated by such procedures, 
                including depression, anxiety, trauma, suicidality, 
                grief, regret, identity distress, body-image 
                disturbance, or dissociation;
                    ``(N) diagnostic testing, specialist evaluations, 
                fertility assessments, hormone monitoring, cancer 
                screening, and long-term medical surveillance 
                necessitated by altered anatomy or prior exposure to 
                puberty blockers, cross-sex hormones, or sex-rejecting 
                surgeries;
                    ``(O) fertility services that seek to cooperate 
                with, or restore the healthy physiology and anatomy of, 
                the human reproductive system, without the use of 
                methods that circumvent natural human functions, such 
                as any treatments or procedures that involve the 
                handling of a human egg or embryo outside the body;
                    ``(P) breast cancer in men on estrogen and certain 
                cancers in women on testosterone; and
                    ``(Q) any other physical, psychological, 
                reproductive, endocrine, neurologic, cardiovascular, 
                musculoskeletal, or metabolic injury, impairment, 
                complication, or condition resulting from or associated 
                with a sex-rejecting procedure.
            ``(5) Sex.--The term `sex', when referring to an 
        individual's sex, means to refer to either male or female, as 
        genetically determined at fertilization.
            ``(6) Sex-rejecting procedure.--
                    ``(A) In general.--The term `sex-rejecting 
                procedure' means any medical or surgical intervention 
                for the purpose of attempting to align an individual's 
                physical appearance or body with an asserted identity 
                that differs from the individual's sex, including--
                            ``(i) gonadotropin-releasing hormone (GnRH) 
                        agonists or any other puberty-blocking or 
                        suppressing drugs to stop or delay normal 
                        puberty;
                            ``(ii) testosterone, dihydrotestosterone 
                        (DHT), or other androgens, estrogen, 
                        progesterone, to an individual at doses that 
                        are supraphysiologic to what would normally be 
                        produced endogenously in a healthy individual 
                        of the same age and sex, as well as anti-
                        androgen medications;
                            ``(iii) castration;
                            ``(iv) orchiectomy;
                            ``(v) scrotoplasty;
                            ``(vi) implantation of erection or 
                        testicular prostheses;
                            ``(vii) vasectomy;
                            ``(viii) hysterectomy;
                            ``(ix) oophorectomy;
                            ``(x) ovariectomy;
                            ``(xi) reconstruction of the fixed part of 
                        the urethra with or without a metoidioplasty or 
                        a phalloplasty;
                            ``(xii) metoidioplasty;
                            ``(xiii) penectomy;
                            ``(xiv) phalloplasty;
                            ``(xv) vaginoplasty;
                            ``(xvi) clitoroplasty;
                            ``(xvii) vaginectomy;
                            ``(xviii) vulvoplasty;
                            ``(xix) reduction thyrochondroplasty;
                            ``(xx) chondrolaryngoplasty;
                            ``(xxi) mastectomy;
                            ``(xxii) tubal ligation;
                            ``(xxiii) sterilization;
                            ``(xxiv) any plastic, cosmetic, or 
                        aesthetic surgery that feminizes or 
                        masculinizes the facial or other physiological 
                        features of an individual;
                            ``(xxv) any placement of chest implants to 
                        create feminine breasts;
                            ``(xxvi) any placement of fat or artificial 
                        implants in the gluteal region;
                            ``(xxvii) augmentation mammoplasty;
                            ``(xxviii) liposuction;
                            ``(xxix) lipofilling;
                            ``(xxx) voice surgery;
                            ``(xxxi) hair reconstruction;
                            ``(xxxii) pectoral implants; and
                            ``(xxxiii) the removal of any otherwise 
                        healthy or non-diseased body part or tissue.
                    ``(B) Exceptions.--The term `sex-rejecting 
                procedure' does not include the following when 
                furnished by a health care professional with the 
                consent of such individual or, if applicable, such 
                individual's parents or legal guardian:
                            ``(i) Services to individuals born with a 
                        medically verifiable disorder of sex 
                        development, including an individual with 
                        external sex characteristics that are 
                        irresolvably ambiguous, such as an individual 
                        born with 46,XX chromosomes with virilization, 
                        an individual born with 46,XY chromosomes with 
                        undervirilization, or an individual born having 
                        both ovarian and testicular tissue.
                            ``(ii) Services provided when a physician 
                        has otherwise diagnosed a disorder of sex 
                        development in which the physician has 
                        determined through genetic or biochemical 
                        testing that the individual does not have 
                        healthy sex chromosome structure, sex steroid 
                        hormone production, or sex steroid hormone 
                        action for a healthy individual of the same sex 
                        and age.
                            ``(iii) The treatment of any infection, 
                        injury, disease, or disorder that has been 
                        caused by or exacerbated by the performance of 
                        sex-rejecting procedures, whether or not the 
                        sex-rejecting procedure was performed in 
                        accordance with State and Federal law and 
                        whether or not funding for the procedure is 
                        permissible under this section.
                            ``(iv) Any procedure undertaken because the 
                        individual suffers from a physical disorder, 
                        physical injury, or physical illness (but not 
                        claimed mental distress) that would, as 
                        certified by a physician, place the individual 
                        in imminent danger of death or impairment of 
                        major bodily function, unless the procedure is 
                        performed.
                            ``(v) Puberty suppression or blocking 
                        prescription drugs for the purpose of 
                        normalizing puberty for a minor experiencing 
                        precocious puberty.
                            ``(vi) Male circumcision.''.
            (2) Clerical amendment.--The table of sections for 
        subchapter B of chapter 100 of the Internal Revenue Code of 
        1986 is amended by adding at the end the following new item:

``Sec. 9827. Required coverage of items and services to address the 
                            harms of sex-rejecting procedures.''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to plan years beginning on or after January 1, 2027.
                                 <all>