Does health insurance cover gender reassignment?
Transsexuality: What services does PKV offer?
Unisex tariffs as the first step towards more openness
The European Court of Justice initiated the Introduction of unisex tariffs for insurance. As of December 21, 2012, gender can no longer be taken into account in newly concluded insurance contracts. A first step against the discrimination of transsexual people and the equality of the sexes was taken. Nevertheless, transsexual people usually have to adjust to a lengthy process if they want to have their gender matched. In principle, private health insurance covers the costs of gender reassignment. However, there is often a lengthy process waiting for those affected, in which many reports and diagnoses have to be presented.
Compulsory health insurance for gender reassignment
In principle, privately insured persons will be reimbursed for the costs of a gender reassignment from their insurance company if they can prove that the assimilation has taken placemedically necessary is. This means that the insured person cannot identify with his or her innate gender characteristics and that serious psychological and physical problems arise as a result. As a rule, it is not sufficient for the PKV to provide legal proof of a change in name and gender only if proof of a clinically relevantPsychological distress is present, which is considered to be incurable, the cost of the adjustment will be covered. Critics consider these submissions to be unjustified and outdated. There are more and more voices calling for gender reassignment to be carried out without prior expert opinion. Instead, this step should be left to the transsexual's own responsibility.
Council of Europe adopts new resolution for transgender people
The self-assessment of transsexuals is to be significantly strengthened in the future, as was the request of a resolution passed by the Council of Europe in April 2015. The demands of the resolution passed by a majority included that the name change for transsexual people should be faster and easier. This procedure should not be based on psychological reports, medical treatments or operations, but should arise from the free decision of the persons concerned. At the same time, it was also required that medical treatments for gender reassignment, such as B. Hormone therapies, operations and psychological care can be made available to those affected and covered by health insurance. The member states of the Council of Europe should also ensure that transsexual people are no longer classified as mentally ill by international classifications and still have access to medical treatment.
Law on changing first names and determining gender in special cases
(1) The first names of a person are to be changed by the court at their request if
1. Due to her transsexual character, she no longer feels that she belongs to the gender specified in her birth entry, but to the opposite sex and has been forced to live according to her ideas for at least three years,
2. It can be assumed with a high degree of probability that their sense of belonging to the opposite sex will no longer change, and
a) is German within the meaning of the Basic Law,
b) as a stateless or homeless foreigner has their habitual residence in Germany,
c) is domiciled in Germany as an authorized guest or as a foreign refugee, or
d) as a foreigner whose home law does not have any regulation comparable to this law,
aa) has an unlimited right of residence or
bb) has an extendable residence permit and is legally resident in Germany on a permanent basis.
(2) The first names that the applicant intends to use in the future must be specified in the application.
How transsexuals can deal with problems with their private health insurance
If one is privately insured and would like to undertake a gender reassignment, difficulties can arise, since the private health insurance basically has the possibility to contest a contract or to terminate it. Certain services can also be excluded from the insurance (further information on the services of private health insurance). If transsexuality was not stated when the contract was concluded, it is important to explain to the insurer in detail that transsexuality could not be stated when the contract was concluded because one was not yet aware of it.
Special thanks for further information on the topic of transsexuality goes to Ms. Nicole Faerber, board member of the German Society for Transidentity and Intersexuality e.V.
Further information and help on the subject of transsexuality and gender reassignment:
German Society for Transidentity and Intersexuality e.V.
Lesbian and Gay Association in Germany
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