Pennsylvania Code › Title 4 - ADMINISTRATION › Part I - GOVERNOR's OFFICE › Chapter 7 - MISCELLANEOUS PROVISIONS › Subchapter FFF - PROTECTING PENNSYLVANIANS FROM CONVERSION THERAPY AND SUPPORTING LGBTQIA+ PENNSYLVANIANS › Section 7.921 - Responsibilities of Commonwealth agencies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Agencies under the Governor's
				  jurisdiction are directed to pursue opportunities and coordinate with each
				  other to protect Commonwealth residents, particularly children, youth and
				  vulnerable adults, from conversion therapy to the fullest extent of their
				  authority.
(b) To protect the
				  mental health of and well-being of Commonwealth residents, especially children,
				  the Department of Human Services, the Insurance Department, the Department of
				  State and any other applicable agencies are directed to explore and implement
				  all options to ensure State funds, programs, contracts and other resources are
				  not used for the purposes of providing, authorizing, endorsing, reimbursing for
				  or referring for conversion therapy, to the extent permitted by law.
(c) The Department of Human Services is
				  directed to receive and investigate any reports of claims that have been paid
				  for conversion therapy through the Medical Assistance Program and the
				  Children's Health Insurance Program.
(d) The Department of State is directed to
				  inform licensed health care practitioners in this Commonwealth that the
				  Commonwealth discourages the provision of and reimbursement for conversion
				  therapy, and the Department of State shall inform the public of the mechanisms
				  available to report licensed professionals that cause harm to patients as a
				  result of conversion therapy.
(e)
				  The Insurance Department is directed to commit to discouraging commercial
				  insurers from providing reimbursement for conversion therapy, to the extent
				  permitted by law. The Insurance Department is also directed to receive and
				  investigate any reports of commercial insurance claims that have been paid for
				  conversion therapy. To prohibit unlawful discrimination, the Insurance
				  Department shall also receive and investigate any complaints that insurers are
				  discriminating against consumers by automatically or categorically denying or
				  excluding coverage of gender-related care in violation of Federal
				  law.
(f) To support LGBTQIA+
				  children, youth and their families, the Department of Human Services is
				  directed to develop resource guides that outline science and evidence-based
				  best practices on family preservation and available community and local
				  LGBTQIA+ affirming entities and services for families to support an LGBTQIA+
				  child or youth, as well as resources for caring for LGBTQIA+ children and youth
				  within the child welfare system, including caring for their physical and mental
				  health and well-being. The Department of Human Services shall ensure that child
				  welfare staff and contracted providers have available resources and training to
				  provide family preservation, pre-placement, placement and adoption and
				  permanency services to LGBTQIA+ children and youth and their
				  families.
(g) To ensure the
				  Commonwealth is a premier employer, the Office of Administration is directed to
				  review and update, as necessary, employee trainings and make available to
				  Commonwealth employees, managers and supervisors training about supporting
				  LGBTQIA+ employees, including employees who may transition or voluntarily
				  disclose that they are seeking gender-affirming care during their employment,
				  and provide information regarding the privacy and protection of personal health
				  information.
(h) To ensure the
				  Commonwealth provides high-quality and inclusive customer service, the
				  Governor's Office, the Pennsylvania Commission on LGBTQ Affairs, the Department
				  of Human Services and the Office of Advocacy and Reform are directed to convene
				  a group of Commonwealth residents with lived experience navigating health care
				  and government systems through a gender identity transition to help inform the
				  Commonwealth's customer service transformation initiative regarding that
				  process as well as any issues related to the experience of LGBTQIA+
				  Commonwealth residents navigating State government systems.
(i) Further, agencies under the Governor's
				  jurisdiction shall regularly review and update, if necessary, the following:
(1) Forms to use gender-neutral language
				  whenever practical in external documents, including but not limited to using
				  gender-neutral terms and pronouns or drafting to eliminate the need for
				  pronouns or gendered language.
(2)
				  Forms and online systems that collect voluntary demographic information to
				  allow for submission of inclusive gender identity and sexual orientation data,
				  to the extent permitted by law.