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Your Right to Privacy When Paying For Medical Care Out-Of-Pocket

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Under Section 13405 of the American Recovery and Reinvestment Act of 2009 (ARRA), you now have the right to ask your healthcare provider to withhold your medical information from being shared with your health insurance company if you pay for medical care with cash or other forms of payment in full. ARRA was an economic stimulus bill enacted by Congress.

This is incredibly important for transgender people who pay for transition-related medical care out-of-pocket, even if they have health insurance coverage. Many people do so because of health insurance companies’ transgender health exclusions, which are often times interpreted so broadly that even routine healthcare is denied.

The Coalition for Patient Privacy has a form on its website that can be used to instruct medical professionals to keep medical information private when medical care is paid in full by cash or other means of payment. It can be found at http://patientprivacyrights.org/wp-content/uploads/2010/07/Private-Pay-Form.pdf.

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