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FY2025 NDAA: TRICARE Coverage of Gender-Affirming Care (CRS Report for Congress)

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Release Date Aug. 2, 2024
Report Number IN12401
Report Type Insight
Authors Bryce H. P. Mendez
Source Agency Congressional Research Service
Summary:

The Department of Defense (DOD) administers a statutory health entitlement (under Title 10, Chapter 55, of the U.S. Code), through the Military Health System (MHS). The MHS offers health care benefits and services through its TRICARE program to approximately 9.5 million beneficiaries composed of servicemembers, military retirees, and dependent family members. Congress often specifies certain TRICARE coverage parameters (e.g., how health care services may be delivered, and whether beneficiaries may be subject to cost-sharing requirements) through an annual National Defense Authorization Act (NDAA). During ongoing deliberations on an FY2025 NDAA, some Members of Congress have expressed interest in TRICARE coverage policies for gender-affirming care. Defense Health Agency (DHA) Procedural Instruction 6025.21 defines gender-affirming care as “clinical services that support an individual’s physical and [behavioral health] as they define, explore, and align with their gender identity.” Genderaffirming care includes nonsurgical care (e.g., hormone therapy and psychotherapy) and surgical care (e.g., gender-affirming surgery). The TRICARE Policy Manual stipulates that “medically or psychologically necessary and appropriate medical care (as defined in 32 C.F.R. §199.2), including nonsurgical treatments for [gender dysphoria], are covered [for all beneficiaries] when provided by a TRICARE-authorized provider.” The TRICARE Policy Manual also clarifies that hormone therapy is a covered service for an adult or adolescent beneficiary diagnosed with gender dysphoria and who meets the eligibility criteria outlined in the Endocrine Society’s clinical practice guideline for treatment of gender dysphoria. Under 10 U.S.C. §1079(a)(11), TRICARE is explicitly prohibited from covering gender-affirming surgical care for beneficiaries except to treat individuals with an intersex condition due to congenital malformations or chromosomal abnormalities.